Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Argentina (Ratification: 1960)

The Committee notes the comments by the Central of Argentine Workers (CTA) dated May 2006, those by the International Confederation of Free Trade Unions (ICFTU) dated 12 July 2006 and those by the General Confederation of Labour of Argentina (CGT) dated 30 August 2006 (the gist of which is that the problems raised by the ICFTU are being dealt with or have been resolved). The Committee notes the Government’s response to the ICFTU’s observations.

1. Determination of minimum services. The Committee notes that in its observations, the CTA refers to the recent adoption of Decree No. 272/2006 regulating section 24 of Act No. 25877 on collective labour disputes. Specifically, the CTA objects that, by virtue of section 2(b) of the Decree, the Guarantees Commission, which establishes minimum services, and which comprises representatives of employers’ and workers’ organizations as well as independent members, may act only in an advisory capacity since the final decision as to essential minimum services lies with the Ministry of Labour when “the parties have come to no agreement” or “when the agreements are inadequate”.

The Committee observes that the Committee on Freedom of Association has examined this matter (see 343rd Report of that Committee, November 2006, Case No. 2377) and has pointed out that although the new system is an improvement over the old one (in that the membership of the Guarantees Commission, which advises the administrative authority, includes representatives of employers’ and workers’ organizations and independent members), the final decision as to the minimum services still lies with the administrative authority. The Committee on Freedom of Association therefore asked the Government to provide information on the application in practice of the new provision and, more specifically, to indicate the number of cases in which the administrative authority has changed the terms of the Guarantees Commission’s opinion regarding minimum services. The Committee has the same concerns and would appreciate receiving such information.

2. Other matters. With regard to the ICFTU’s observations, the Committee notes that, for the most part, they refer to matters that the Committee has been raising for many years and that concern certain restrictions on freedom of association arising from Act No. 23551 of 1988 and its regulatory decree, and to:

–         the Government’s refusal to grant the CTA “trade union status”. The Committee notes that, according to the Government, since 1998 the CTA has had full official recognition and “trade union registration”, and is awaiting a decision on an application for “trade union status” filed in August 2004. In view of the significant benefits enjoyed by workers’ organizations that have “trade union status” (including the right to collective bargaining), the Committee regrets that so long a period has elapsed – more than two years according to the Government – without any decision from the administrative authority. The Committee urges the Government to take a decision without delay regarding the CTA’s application for trade union status;

–         the 30-day suspension applied on 31 December 2004 to 50 school directors in the province of Neuquén who are members of the Association of Education Workers of Neuquén (ATEN) for participating in a strike. The Committee observes that this matter has been examined by the Committee on Freedom of Association;

–         the assault of a member of the communications sector and pressure on workers to leave the union. The Committee notes that, according to the Government, the National Appeals Chamber upheld the lower court’s decision to sanction the enterprise for discrimination against five union members;

–         the dismissal of 168 pilots in the context of a collective dispute. The Committee notes that, according to the Government, the dismissals were cancelled and the unions concerned have concluded a new collective agreement.

The Committee also requests the Government to send information on the other matters raised by the Committee in its 2005 observation (76th Session), for examination in the context of the regular reporting cycle in 2007.