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

Protection of Wages Convention, 1949 (No. 95) - Argentina (Ratification: 1956)

The Committee notes the observations submitted by the United Trade Union of Education Workers of Buenos Aires (SUTEBA) concerning Provincial Decree No. 2.202 of 3 August 1992 which establishes a monthly bonus and an hourly bonus for teachers in the province of La Plata, which is paid according to the punctuality and attendance of each teacher.

The Committee notes that according to section 2 of the above-mentioned Decree, the bonus is not part of the wage and cannot be taken into account in calculating other benefits and, consequently, is not subject to the deductions for social security provided for in the legislation or to trade union check-off, and shall not be used as a basis for any other type of calculation. The Committee recalls that the definition of the term "wages" in Article 1 of the Convention covers remuneration or earnings capable of being expressed in terms of money and fixed by national laws, which are payable for services rendered or to be rendered, however such remuneration may be designated or calculated. The bonuses established by the above-mentioned Provincial Decree therefore fall within the scope of the Convention.

The Committee notes that, in accordance with the provisions of Provincial Decree No. 2.202, except in the cases listed in section 3, the bonuses are not paid in the event of absences or lateness being recorded during the calendar month, which is the equivalent to a deduction from the wage. It notes that such deduction is permitted under conditions and to the extent prescribed by national laws in accordance with Article 8 of the Convention which, unlike Article 10 in respect of attachment or assignment, does not provide that wages must be protected against deductions to the extent deemed necessary for the maintenance of the worker and his family.