Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

The Committee notes that a draft text to amend Act No. 23551 on trade union associations which has been submitted to Parliament requires, in section 18(D), that in order to stand for executive office candidates must be or have been delegates or have held a representative function set out in the union's by-laws. It also notes that the last subsection of the above section provides that by-laws may contain lower requirements.

The Committee would be grateful if the Government would explicitly state whether, under the last subsection of the above section, it is permitted to provide in the by-laws of a trade union association that it is not necessary to be or have been a delegate or to have held a representative function set out in the by-laws, in order to stand for executive office.

Furthermore, with regard to section 41(a) of the current Act on trade union associations (which it is not envisaged to amend in the above draft text), which requires affiliation to a body which enjoys trade union status in order to exercise the functions of workers' representatives in an enterprise, the Committee once again requests the Government to supply information on the effect given in practice to this section in the event that a trade union association which is amply representative, but which does not have trade union status, exists alongside an organization which enjoys trade union status.