Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Argentina (Ratification: 1950)

The Committee notes the Government’s report. The Committee also notes the adoption of Decree No. 388/2003 of 10 July 2003, which raises minimum wage rates progressively in the period from July to December 2003. The Committee notes with concern that, for the adjustment of minimum wages, the Government did not convene the National Council for Employment, Productivity and Minimum Subsistence Wages, provided for under section 139 of Act No. 24013 of 5 December 1991. Based on the July 2003 Decree, the Government (relying on subsection 2 of section 1 of Act No. 25561, which declares a public emergency in social, economic, administrative, financial and in foreign exchange matters) alleges that the serious economic crisis affecting the country and the need for an urgent rise in wages constitute exceptional circumstances which make it impossible to follow the above procedure.

The Committee recalls that the principle of consultation with the social partners is a fundamental principle of the Convention as well as the cornerstone of all the relevant instruments on minimum wage fixing. The Committee considers that, due to its fundamental nature, this principle should not be left aside, even temporarily or exceptionally, for pressing reasons of a social or economic nature, and that it is precisely during periods of crisis that this principle takes on its full significance. The Committee trusts that the Government will make every effort to reactivate as soon as possible the minimum wage fixing machinery, based on consultation with the social partners and their full and effective participation, and requests the Government to keep it informed of any developments in this matter.

Furthermore, the Committee requests the Government to continue to provide, in accordance with Article 5 read in conjunction with Part V of the report form, a general appreciation of the application of the Convention in practice, for example: the available statistical data on the number and various categories of workers covered by minimum wage regulations; results of the inspections carried out (number of violations reported, sanctions imposed, etc.); as well as any other information relating to the application of minimum wage provisions.