Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee takes due note of the information supplied by the Government in its report.

Deferred payment of wages. Further to its earlier observations regarding the persistent situation of wage arrears, the Committee notes the Government’s statement that wage debts have only been reported for local public employees in the province of Jujuy, and municipal workers of the city of Villa Mercedes in the province of San Luis. The Committee also notes the Government’s indication that, in other provinces such as Corrientes, where considerable delays in the payment of wages were previously observed, the situation has returned to normal and salaries are now being paid regularly. In several provinces, such as Chaco, a new arrangement for the payment of wages has been agreed upon whereby wage payments are spaced out over the first 15 or 20 days of each month so that low-pay workers are paid first while high-ranking civil servants and the governor are the last to receive their remuneration. While noting that progress is made as regards the settlement of wage arrears owed to workers in the public service, the Committee is bound to recall that the violation of the requirements of the Convention under Article 12(1) shall persist for as long as the Government has not taken effective measures for the outright elimination of the problem of wage arrears and the rapid settlement of any outstanding wage dues. It requests, therefore, the Government to continue to supply detailed information on the situation of wage payment in the provinces and the results achieved by indicating concrete and specific measures taken in this regard.

Benefits to improve the nutrition of workers and their families. The Committee has been requesting the Government for some years to reconsider its legislation so that the coverage of wage protection be extended to "social benefits" of "non-remunerative" character, as described under Act No. 24,700 of 25 September 1996, such as the benefits to improve the nutrition of the worker and his/her family. The Committee notes that, in its report of 29 June 2000, the Coordination of International Affairs of the Ministry of Labour and Social Security has referred to the incompatibility of the said Act with the Convention and has considered it necessary to suggest that the Congress should repeal the 1996 Act in order to bring national legislation into conformity with the provisions of the Convention. However, the Government offers no indication as to whether it intends to take any concrete action to this effect. The Committee stresses once again that under the terms of the Convention wage protection should cover all forms of remuneration or earnings, as defined in Article 1 of the Convention, thus including food coupons and other benefits aimed at improving the quality of life of the worker and his/her family. It reiterates the hope that the Government will take all necessary steps in the very near future to ensure full compliance with the requirements of the Convention.

The Committee would appreciate receiving up-to-date information on the application of the Convention in practice and the measures by which effect is given to its provisions in accordance with Article 16 of the Convention.