Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Argentina (Ratification: 1960)

Article 2 of the Convention: The right of workers, without distinction whatsoever, to form and join organisations of their own choosing. The Committee requests the Government to supply details on the definition of the term "worker" in section 1 of implementing Decree No. 467/88, according to which "for the purposes of the Act, 'worker' means any person who engages in a lawful activity on behalf of another person who is entitled to direct such activity". In particular, the Committee wishes to obtain a clarification on whether this definition includes self-employed workers.

The Committee notes that under section article 23(a) of Act No. 23551, the union association has the right to represent its members' individual interests. However, it notes that the associations which are granted trade union status have the exclusive right to further the individual and collective rights of workers (section 31(a)). The Committee requests the Government to indicate whether or not, in view of these circumstances, a union association may represent its members' individual interests, where there already exists in the same branch of activity or the same category a union association which has been granted trade union status.

Article 3(1): The right of workers to elect their representatives. Section 18(c) of the Act on trade union associations requires, as one of the conditions to become a member of an executive body, membership of the trade union association and having engaged in the activity represented by the association for at least two years; the Committee considers that greater flexibility should be given to these clauses, that persons who have worked previously in the occupation should be acceptable and that the requirement of exercising the occupation should be withdrawn for a reasonable proportion of the officers of the organisations. In its 1983 General Survey (see paragraph 158), the Committee considered that provisions of this type may prevent qualified persons, such as pensioners or full-time union officers, from carrying out union duties.

The Committee requests the Government to send its comments on the points raised above.