Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Argentina (Ratification: 1956)

The Committee notes the Government's report, to which it annexed a long list of the collective agreements concluded between 8 July 1988 and 14 August 1990.

In its previous comments, the Committee observed that section 3 of Act No. 23545 specifies that, in order to be approved, collective agreements should be free of any "clauses which infringe the norms of public order or standards issued in the protection of the general interest; nor shall the entry into force of the agreement significantly affect the overall economic situation or the situation of certain branches of activity, or result in a serious deterioration in the standard of living of consumers". In this connection, the Committee requests the Government to give details of the underlying basis of approval given to collective agreements in Argentinian legislation and to indicate whether this is also applied to a collective agreement extended to all the workers in a sector of activity or an occupational category in the area concerned, even when a proportion of these workers are not members of the signatory trade union organisations. The Committee also requests the Government to supply details on the legal effect of collective agreements that are not approved, and to specify in particular whether they apply fully to workers who are members of the signatory trade union organisations.

Finally, the Committee would be grateful if the Government would provide information on the development of collective bargaining in the public sector.