Weekly Rest (Industry) Convention, 1921 (No. 14) - Argentina (RATIFICATION: 1936)

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Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee understands that legislative amendments to Act No. 20744 of 1976 on employment contracts, and particularly to sections 204 and 207 on exceptions to the principle of weekly rest, are currently under examination by the Chamber of Deputies and the Senate. The proposed amendments seek to regulate more effectively exceptions to weekly rest and to reinforce the right to compensatory rest. The Committee requests the Government to keep the Office informed of any legislative amendments which may concern the provisions of Act No. 20744 respecting weekly rest, or which could have an impact on the implementation of the Convention. The Committee also notes the comments of the Confederation of Workers of Argentina (CTA), received on 30 August 2013, in which the CTA indicates that the Government should ratify the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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Articles 4 and 5 of the Convention. Total or partial exceptions. The Committee notes the Government’s explanations regarding exceptions to the principle of weekly rest, to the effect that sections 3 and 5 of Act No. 18204 of 1969, read in conjunction with sections 203 and 204 of Act No. 20744 of 1976, authorize exceptions to the weekly rest of 33 hours (from 1 p.m. on Saturday to midnight on Sunday) only in the event of an accident, danger, force majeure and exceptional requirements of the national economy or the enterprise. While noting this information, the Committee requests the Government to provide details of the consultations held with employers’ and workers’ organizations on the abovementioned exceptions, the manner in which humanitarian, and not only economic, considerations were taken into account in this context, and of any compensatory rest due to persons called upon to work on a day of weekly rest. The Committee also requests the Government to indicate any new regulations issued under sections 3 or 5 of Act No. 18204 to establish exceptions to the principle of weekly rest and the arrangements for their application.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the labour inspection services indicating the number and nature of contraventions reported and the penalties imposed, information on the number of workers covered by the legislation, copies of collective agreements containing relevant clauses, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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In its report, the Government refers to Act No. 18204 of 12 May 1969 to institute a uniform system of weekly rest to be observed throughout the Republic. The Committee asks the Government to indicate any regulations related to exceptions which under sections 3 and 5 of the Act may be made from the principle of weekly rest in the industrial sector.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Referring to its observation under the Convention, the Committee notes that the SOMU indicated previously that, by adopting Decree No. 845 under Act No. 24.493 of 31 May 1995, the Executive had vetoed section 3 of the Act providing for trade unions to be consulted in determining the non-availability of national labour. The Committee asks the Government to indicate how the application of the Convention is currently guaranteed in the establishments referred to in Article 1 of the Convention, and particularly in the ship-building sector. The Committee also refers to the comments it has made under Convention No. 98.

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Referring to its observation under the Convention, the Committee notes that the SOMU indicated previously that, by adopting Decree No. 845 under Act No. 24.493 of 31 May 1995, the Executive had vetoed section 3 of the Act providing for trade unions to be consulted in determining the non-availability of national labour. The Committee asks the Government to indicate how the application of the Convention is currently guaranteed in the establishments referred to in Article 1 of the Convention, and particularly in the ship-building sector. The Committee also refers to the comments it has made under Convention No. 98.

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In its previous comments, the Committee noted the observations made by the United Maritime Workers' Union (SOMU) alleging that Decrees Nos. 1772/91, 817/92 and 1492/92 annulled almost all collective agreements which had been in force in the maritime and related sectors. The Committee notes that, in its reply to the comments of the SOMU, the Government refers to Act No. 24.493 of 31 May 1995 (promulgated on 22 June 1995), adopting various measures concerning "national labour". The Committee is addressing a request directly to the Government concerning the application of Article 1 of the Convention.

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In its previous comments the Committee referred to the observations made by the United Maritime Workers' Union (SOMU) alleging that Decrees Nos. 1772/91, 817/92 and 1493/92 annulled almost all the collective agreements which had been in force in the maritime-related sectors. SOMU had indicated that certain provisions of Decree No. 817/92 which effectively abolished the right to collectively bargain conditions of work, including the right to weekly rest, had been declared unconstitutional. The Committee notes that SOMU has submitted further observations in August and September 1995. It also notes that the Government, in a communication of July 1995, has indicated that comments by SOMU were being examined and that a response would be given in the near future.

The Committee asks the Government to indicate how the application of the Convention is assured in the establishments covered by Article 1 of the Convention and in particular in the shipbuilding industry. The Committee also refers to its comments under Convention No. 98.

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The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the United Maritime Workers' Union (SOMU), received on 2 December 1994 and transmitted to the Government by a letter of 20 December 1994. The Committee observes that SOMU continues to allege that the adoption of Decrees Nos. 1772/91, 817/92 and 1493/92 adversely affect workers in the maritime and related sectors. The Committee further notes that SOMU has recently informed the Office by correspondence dated 5 January 1995, that certain provisions of Decree No. 817/92 which effectively abolish the right to collectively bargain conditions of work, including the right to weekly rest, have been declared unconstitutional. In light of this information, the Committee refers to the previous observations made by SOMU in April 1993 and communicated to the Government for comment in May 1993, indicating that Decrees Nos. 1772/91, 817/92 and 1493/92 annulled almost all the collective agreements which had been in force in the maritime and related sectors. In reply to those observations, the Government states in its report for the period ending 30 June 1994, that the application of the Convention to any of the undertakings listed in Article 1, paragraph 1, of the Convention, has in no way been affected.

The Committee would be grateful if the Government would further elaborate, in its next report, how the annulment of collective agreements by virtue of Decrees Nos. 1772/91, 817/92 and 1493/92 has not affected the application of the Convention to any of the undertakings listed in Article 1, paragraph 1. It also would appreciate comments, in particular, from the Government on SOMU's recent observations concerning the unconstitutionality of Decree No. 817/92.

The Government is asked to report in detail in 1996.

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1. The Committee notes the comments made by the Workers' Congress of Argentina (CTA) received by the Office in June 1993 and transmitted to the Government for its comments. The Committee further notes that no comments have been received from the Government in this regard. The CTA has indicated that draft labour legislation has been prepared by the Government to make weekly rest provisions more flexible, but that, in actual fact, the proposals lead to the loss of the right to weekly rest. The Government is requested to provide information, in its next report, on any measures taken which would affect the application of the Convention.

2. The Committee notes the comments made by the United Maritime Workers' Union (SOMU) received in April and communicated to the Government for comment in May 1993. The Committee further notes that no comments have been received from the Government in this regard. SOMU has indicated that Decrees Nos. 1772/91, 817/92 and 1493/92 have annulled almost all the collective agreements which had been in force in the maritime and related sectors. The Government is requested to indicate, in its next report, whether the annulment of collective agreements by virtue of the above-mentioned Decrees has affected in any way the application of the Convention to any of the undertakings listed in Article 1, paragraph 1, of the Convention.