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Workers with Family Responsibilities Convention, 1981 (No. 156) - Argentina (RATIFICATION: 1988)

1.  The Committee notes the report and its annexes sent by the Government, in particular the full information on the legislation regarding family allowances. With respect to its earlier comments regarding positive action, it notes the creation of competent bodies in the field, action plans and implemented or planned training courses. It also notes with interest various actions undertaken in respect of the Convention such as, for example, the Federal Plan for Women (1999-2000) carried out by the National Council for Women with funds from the Inter-American Development Bank, which aims to reinforce the position of women at national, provincial and municipal levels. Inter alia, it notes the Ministry of Labour and Social Security Decision No. 463 of 23 July 1998 which establishes in its section 1, under the auspices of the labour secretariat, a technical coordination unit for equality of opportunities at work, with responsibilities which include carrying out focused studies into equality of opportunity and treatment for workers with family responsibilities. Please provide information on these plans and studies, and submit copies thereof, as well as information on the measures or programmes adopted as a consequence of the plans and studies, and on all other action undertaken by the technical coordination unit mentioned above in relation to the principle of the Convention.

2.  Article 4(a) of the Convention.  Noting that the Ministry of Labour and Social Security is developing employment programmes which aim to promote employment opportunities among the groups with the greatest difficulties in entering and remaining in the labour market, the Committee requests information on the real and long-term impact of these programmes in reducing the unemployment rate among workers with family responsibilities. The Committee also requests information on the process of transformation of costs to which reference was made in its previous comments on this Article.

3.  Article 4(b).  The Committee notes that under Act No. 24716, of 23 October 1996, a woman employee who gives birth to a Down’s syndrome child shall be entitled to six months of leave without pay, but with benefits until completion of the period of prohibition from work on the grounds of maternity, with the amount of the benefits being equal to the remuneration she would have received had she been working. While noting this provision with interest, the Committee suggests that consideration be given to the possible revision of the text, whereby such leave may be taken by the working mother or working father. Similarly, it observes that section 183 of Act No. 20740 regarding temporary leave without pay, provides that a mother certified as caring for a sick, under-age child may receive compensation for length of service or for temporary leave without pay as envisaged under paragraphs (b) and (c) of the section cited above. Observing that section 183 only applies to women workers, and that it is therefore not strictly in alignment with the Convention, the Committee suggests amending the section to apply equally to male and female workers. In this connection, please supply information on opportunities for workers with family responsibilities to request other types of leave of absence for the purposes of fulfilling such responsibilities.

4.  Article 5.  The Committee notes from the report of the Coordination Unit for International Affairs that section 179 of the Act on Labour Contracts, of 1976, is not applied, since no regulations have been provided for it. This section determines that in establishments where the minimum number of women workers determined by the regulations are working, the employer shall provide nursing rooms and childcare for children up to a certain age and under conditions to be fixed later. Given that the Convention is applicable to men and women workers with family responsibilities, the Committee suggests consideration of the possibility of extending this benefit to working fathers. It also requests information as to whether regulations to govern this section of the Act are envisaged and wishes to be kept informed on progress in respect of such regulations. Given that this section is not applicable since it lacks regulations, and that no detailed information has been communicated as to the real conditions of community childcare and family services, the Committee repeats its request for such information.

5.  The Committee further notes from an annex to the report that there are sectors which, in their collective labour agreements, make it obligatory for employers to provide childcare facilities or, in their absence, to provide compensatory payments. It requests information on the sectors in which collective agreements regulate such rights, with copies of the relevant texts.

6.  Article 6.  Please supply a description and copies of the material used to promote wider understanding of the problems of workers with family responsibilities.

7.  Article 7.  The Committee notes the information provided by the Government regarding workshops and seminars on the subject of equality carried out with the technical assistance of the ILO, and on a project drawn up within the framework of technical cooperation with the Spanish Ministry of Labour and Social Affairs, on the development of instruments to promote equality of opportunities in employment for women with low incomes and on re-entry to the labour market. Please supply information on the results of this project as regards the aspects covered by the Convention.

8.  Article 8.  The Committee notes the report of the Coordination Unit for International Affairs, which refers to sections 221 and 247 of Act No. 20744, under which, in case of suspension and dismissal, such action shall be taken first in respect of workers with fewer family responsibilities. Having taken note in paragraph 3 above that section 183 of the text cited, which regulates temporary leave without pay in conjunction with sections 184 and 185, provides for compensation to the mother for length of service and temporary leave without pay, where the mother is certified as caring for a sick, under-age dependent child, it notes that under section 184, where the working mother taking temporary leave without pay for family reasons is not reintegrated in employment, she shall be compensated as in cases of unjustified dismissal. The period of leave without pay shall not be taken into account in calculating length of service. The Committee requests information on the practical application of this section, including details regarding the percentage of established readmissions subsequent to a request for temporary leave without pay in virtue of section 183.

9.  Article 11.  The Committee notes with interest the establishment of the Argentine Tripartite Committee for Equality of Opportunities and Treatment in the World of Work, constituted by a Legal Agreement of 28 October 1998. Please supply information on the action developed by this Committee in elaborating and applying measures adopted to give effect to the provisions of the Convention.