Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes that the new Labour Organization Act, No. 25877, provides in section 24(b) on the ranking of rules, that “a later agreement of different scope, whether broader or narrower, amends the agreement that preceded it in so far as it establishes conditions that are more favourable for the worker. To this end, a comparison of the two agreements shall be carried out by institutions”.

The Committee also notes the concern expressed by employers with regard to the centralization of collective bargaining as it emerges from the report of the follow-up mission in the context of the application of Convention No. 87, carried out in Argentina in August 2005. The Committee understands that, the employers are of the view that the abovementioned provision could cause difficulties. The Committee invites the Government to hold discussions with the social partners to examine the consequences of applying this provision and any dysfunctions it may cause in practice.