Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Argentina (Ratification: 1985)

The Committee notes the Government’s reports for the period ending May 2000, and the attached documents. It requests the Government to provide additional information on the following points.

Article 6(2) of the Convention.  Labour inspection and conditions of life of agricultural workers and their families.  The Committee notes that inspectors discharge the same functions in the agricultural sector as in other sectors of the economy and requests the Government to indicate whether they fulfil advisory or enforcement functions regarding legal provisions relating to conditions of life of agricultural workers and their families and, where appropriate, to provide copies of the relevant texts.

Article 8(1).  Status and conditions of service of labour inspectors.  The Committee notes that the Bill establishing an integrated labour and social security inspection system was adopted by Act No. 25250. It requests the Government to provide a copy of the above Act, as well as information on the measures which have been taken or are envisaged to secure for inspectors a status and conditions of service which are appropriate to their functions, so that they are no longer forced to have recourse to other work to attain appropriate living standards.

Article 8(2).  Collaboration of workers’ organizations in labour inspection functions.   The Committee notes that, by virtue of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security, trade unions may collaborate in labour inspection functions relating to undeclared work. The Government is requested to continue providing information on the collaboration of trade unions in labour inspection functions and to indicate, where appropriate, any measure which has been taken or is envisaged to expand the scope of this collaboration to other aspects of conditions of work.

Article 9.  Training of labour inspectors.  The Committee would be grateful if the Government would provide details of the impact on the agricultural sector of the training agreements for inspection personnel concluded under the terms of Decree No. 1183/93 and Decision No. 1029/96 of the Ministry of Labour and Social Security between the State and provincial governments in the fields of inspection techniques and the application of the legislation.

Article 10.  Presence of women in the staff of the labour inspectorate.  The Committee would be grateful if the Government would indicate the proportion of women in the staff of the labour inspectorate and specify whether special duties are assigned to them.

Articles 14 and 21.  Staff, material resources and effectiveness of labour inspection services.  The Committee once again requests the Government to provide information on the measures which have been taken or are envisaged to increase the number of qualified labour inspectors in the agricultural sector, taking into account the criteria established by Article 14, with a view to ensuring the frequency and quality of inspections, in accordance with Article 21. The Committee would be grateful if the Government would also provide information on the impact of the decentralization of inspection services on the numbers and distribution of labour inspectors in the agricultural sector, and on the material resources at their disposal.

Article 16(2).  Conditions of access of labour inspectors to the private home of agricultural operators.  The Committee once again requests the Government to indicate whether, as envisaged by this provision, labour inspectors shall not enter the private home of the operator of an agricultural enterprise except with the consent of the operator or with a special authorization issued by the competent authorities. Please provide copies of the texts giving effect to this provision or, if such a limitation on the right of entry of inspectors is not established, the Government is requested to take measures for this purpose and to keep the ILO informed.

Article 17.  Inspection and preventive control.  The Committee once again requests the Government to indicate whether, and under what conditions, the legislation provides for the collaboration of inspection services in the preventive control of new plant, new materials or substances or new methods of handling or processing products which appear likely to constitute a threat to health or safety. Where appropriate, please provide copies of any relevant text.

Article 19(2).  Notification of occupational accidents and cases of occupational disease.  With reference also to its general observation of 1996 under Convention No. 81, the Committee would be grateful if the Government would provide information on the manner in which it is envisaged that labour inspectors shall be notified of occupational accidents and cases of occupational disease and if it would indicate whether labour inspectors are associated with any relevant inquiry.

Articles 26 and 27.  Annual inspection reports.  The Committee notes that the information contained in the inspection reports received covers various economic sectors, as permitted by Article 26(1), which provides that the annual report due under this Convention may be published as part of the competent authority’s general annual report. The Committee notes that the only statistics concerning the agricultural sector are those of the number of victims of occupational accidents (Article 27(f)). With reference to paragraphs 272 et seq. of its 1985 General Survey on labour inspection concerning the basic objectives of these reports, both at the national level and from the point of view of examining the application of the Convention, the Committee requests the Government to take the appropriate measures to ensure that information and statistics on the agricultural sector are presented in a sufficiently distinct manner. With reference to its general observation of 1999 on the particularly positive role that labour inspection could play in controlling child labour, the Committee hopes that measures will be taken to this end and that information will be provided regularly in the annual inspection report in this connection.