Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. The Committee notes the observations made by the Unique Workers' Central (CUT) of Brazil and by the Union of United Maritime Workers (SOMU) of Argentina on the application of the Convention in Argentina. The Government has not communicated its comments on these observations.

The CUT alleges, among other things, that some Brazilian workers engaged in civil construction in Argentina received their wages only on their return to Brazil and expresses concern on the possibilities of such occurrences in the framework of the MERCOSUR (Southern Cone Common Market). The Committee invites the Government to comment on this point in the light of Article 12(1) of the Convention (regular payment of wages).

2. The Committee also notes the observations made by the Congress of Argentinian Workers (CTA) on the application of several Conventions, in which CTA refers to Decrees Nos. 1477 and 1478 of 1989 and No. 333 of 1993, and to Act No. 23.982 of 22 August 1991.

The Committee notes that Decrees Nos. 1477 and 1478 establish the social benefit (assistance to the family food basket and food vouchers) for the worker and his family. The amount of the basket or the voucher which the employer provides to the worker under these rules cannot exceed 20 per cent of the gross wage, and this benefit is not considered as a part of the remuneration, according to section 105bis of the rules governing employment contracts approved by Act No. 20744, as amended by section 1 of Decree No. 1477. Section 1 of Decree No. 333 of 1993 enumerates the benefits, including those under Decrees 1477 and 1478/1989, that do not have the character of remuneration. And it provides that these benefits cannot be provided as a substitute or an advance of remuneration. The Committee recalls that the definition of the term "wages" under Article 1 of the Convention covers remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement, that Article 3 prohibits wage payment in the form of vouchers, and that Article 4 permits the partial payment of wages in kind only under certain conditions. It requests the Government to supply information on the application in practice of the above-mentioned Decrees in the light of these provisions of the Convention.

The Committee also notes the CTA's allegation that, two years after the enactment of Act No. 23.982 concerning the consolidation to the national State of monetary debts up to 1 April 1991 after administrative or judicial recognition, no certificate recognizing such a debt has been handed over. The Committee invites the Government to provide its comments on this question with particular reference to any debt owed to workers in the public sector as their wages.

3. The Committee is also addressing a direct request to the Government concerning the observations made by the Union of United Maritime Workers (SOMU).

[The Government is asked to report in detail for the period ending 30 June 1994.]