Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee recalls that its previous comments referred to:

Executive Decree No. 2184/90 which was criticized by the Congress of Argentinian Workers (CTA) for including in the list of essential services "primary, secondary, tertiary and university education" (section 1(e)). Similarly, the Committee observes that in Case No. 1679, the Committee on Freedom of Association examined the allegations regarding the classification of transport as an essential service (section 1(b)), the power of the Ministry of Labour to declare a strike illegal (section 10), and the classification by that Ministry of measures for the provision of minimum services in the event of lack of agreement by the parties (section 5).

The Committee notes the Government's information to the effect that the purpose of Decree No. 2184/90 is to limit the provision of essential services for the community, defined in section 1 of the Decree as "those the total or partial interruption of which would endanger the life, health, freedom or safety of part of the population or of particular persons".

The Committee recalls that, in the absence of agreement between the parties in determining the methods for providing minimum services (section 5) it would be desirable for the final decision to be determined by a bipartite or tripartite body or another independent body. The Committee requests the Government to provide information on the application in practice of these provisions and to transmit, in its future reports, a copy of any decision taken by the Minister of Labour and Social Security in this respect.