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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Argentina (Ratification: 1956)

The Committee takes note of the Government’s reports.

1. Article 4 of the Convention. The Committee has been commenting for several years on certain provisions which restrict free collective bargaining by requiring the Ministry of Labour’s approval for collective agreements which are broader in coverage than enterprise agreements. Under these provisions, and in granting approval, the Minister considers not only whether the collective labour agreement contains clauses that are contrary to the public order provisions of Acts Nos. 14250 and 23928, but also whether it meets criteria relating to productivity, investment and the introduction of technology and vocational training systems (section 3 of Act 23545, section 6 of Act No. 25546 and section 3 of Decree No. 470/93). The Committee observes that the Government has not communicated information on this matter. That being so, it once again asks the Government to take steps to repeal or amend the provisions in question in order to bring the legislation into full conformity with the Convention. The Committee requests the Government to provide information on all such measures in its next report.

2. The Committee further notes that, under section 7 of Act No. 25250 of May 2000, collective agreements concluded at enterprise level with the association having trade union status in the enterprise, must likewise be approved. The Committee asks the Government to provide information in its next report on the grounds on which such approval may be denied (stating whether they are the same as the criteria for approval of the agreements that are broader in scope than enterprise agreements, referred to in the previous paragraph).

3. Furthermore, in the light of the recommendations made by the Committee on Freedom of Association (Case No. 2117, 326th Report, paragraphs 196-209), the Committee also pointed out the need to ensure the right to collective bargaining of public officials in the province of Buenos Aires, since the Convention allows only public officials engaged in the administration of the State to be excluded from this right. The Committee notes that the Government has not commented on this matter. It accordingly asks the Government to provide information in its next report on any measures adopted to ensure that the workers in question enjoy the right to collective bargaining.

4. Lastly, the Committee takes note of the comments dated 17 November 2003, made by the Confederation of Argentine Workers (CTA), and requests the Government to send its response thereto.