Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

Further to its previous observation, the Committee notes the Government's report in particular on the following points and asks the Government to supply further information as required.

1. Regarding the question of the practical application of the Convention in the maritime sector, raised in the comments made by the Union of United Maritime Workers (SOMU), the Committee notes the Government's reference to collective agreement No. 307/99 applicable among others to the employees in question.

2. Settlement of the debts of the State. The Committee notes the Government's indication that the wage arrears owed to workers in the public service of the State, which were consolidated under Act No. 23982, had been all settled by means of payment by the coupon (BOCON).

3. Deferred payment of wages. In its earlier observations, the Committee noted the comments made by the Confederation of Educational Workers (CTERA) and the Union of Educational Workers of Rio Negro, concerning the deferred payment of wages which are due. The Committee notes the Government's statement that the wage payment to the local public employees is practically normal in the majority of cases, while delays have been found in the provinces of Jujuy, Corrientes and Tierra del Fuego, due to the local financial difficulty requiring the assistance of the national Government. The situation is improving slowly, and so is the situation in the province of Rio Negro, where however, no delay of wage payment is registered. The Committee requests the Government to continue to supply information on the situation of wage payment in the provinces, and any measures taken to ensure the regular payment of wages in accordance with Article 12(1) of the Convention.

4. The Committee notes that, in reply to the comments made by the Association of the Teachers of Santa Cruz (ADSC), regarding the system of allowance connected with attendance at work (bonificación por presentismo), the Government indicates that the situation has been normalized and no new complaint has been registered.

5. As to the observation made by the Union of Press Workers of Buenos Aires (UTPBA) regarding the Government's plan to repeal special legislation on journalists, the Committee notes the Government's statement that, even in the case of the abolition of the special rule, which is an issue for the future and remains therefore uncertain, the individual relations would continue to be protected under the Act on Labour Contract (No. 20744) which includes the protection of wages and is applicable to all workers. The Committee recalls that the UTPBA referred also to the situations which workers are unduly assimilated to autonomous entrepreneurs and thus excluded from the protection of wages under labour law. It requests the Government to bear in mind such concern over the situations where work may be allegedly carried out outside of contracts of labour, in future reporting on the application of Article 2 of the Convention concerning the scope of the Convention.

6. Benefits to improve the nutrition of workers and their families. The Committee earlier noted that the Decree concerning benefits to improve the nutrition of the worker and his family, on which the Committee had commented pointing out the need to protect such benefits as a part of wages, was repealed by Decree No. 773/96. Subsequently, Act No. 24700 of 1996 repealed this Decree and, by amending section 103bis of the Act on Labour Contract, re-established a concept of "social benefits" of "non-remunerative" character with a view to improving the quality of life of the employee and the family, which includes the food coupons and food baskets. The Committee notes the Government's repeated explanation that the remunerative character of these benefits under the repealed Decree No. 773/96 was criticized by both employers and workers because of the increase of employers' contributions and thus the labour cost resulting in the withdrawal of such benefits. According to the Government, the only way to reverse the situation is the adoption of another law by the Congress, which has not succeeded.

The Committee once again draws the Government's attention to the distinction between the protection that the Convention affords as regards wages and the question of calculating social security or other contributions. As regards the latter, the Committee reiterates that the definition or scope of wage as the basis for calculation of social contributions is outside the scope of this Convention. It requests the Government to re-examine the matter and to take all necessary measures to protect the payment of all components of remuneration as defined by Article 1, including benefits in the form of food or related coupons, as set out in Articles 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15 and 16 of the Convention.

7. Application in practice. The Committee hopes that the Government will continue to provide information on the application of the Convention in practice and measures taken to ensure it, in accordance with Article 16 of the Convention, including information on any difficulties encountered.