Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

The Committee notes the comments of the Confederation of Argentinean Workers (CTA) of 31 August 2009 referring to matters examined below.

Equality between men and women. The Committee notes the Government’s indication that, in February 2009, in the context of the Tripartite Committee on Equality of Opportunity and Treatment (CTIO), a framework agreement was drawn up on “Social dialogue for equality of treatment and opportunities for women and men in the working environment”, which establishes the priorities, among others, of eliminating gender inequality and promoting good practices. The Government adds that the CTIO has been established at the provincial level and that in 2007 the Coordination Unit for Gender Equality and Equality of Opportunity at Work (CEGIOT) was established within the Ministry of Labour and Social Security, with the mission of mainstreaming the gender perspective throughout the work of the Ministry, developing tools to monitor policies and organizing interaction with other government fields and institutions. The Government indicates that priority is given to evaluating policies and establishing monitoring indicators to raise the alert concerning possible situations of discrimination, for which purpose the Secretariat of Employment is proposing policies in light of their potential impact, taking into account the needs of individuals and social contexts. The Government also refers to 11 collective agreements which include equality of opportunity and non-discrimination clauses. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) of 30 July 2010 in which the CEDAW urges the Government to take measures to address pay gaps; encourage women to take up employment in non-traditional fields; enact legislation on sexual harassment in the public and private workplaces; and provide comprehensive protection to domestic workers. The CEDAW also encourages the Government to take measures in order to provide affordable and accessible childcare services to enable women to balance their work and family responsibilities (CEDAW/C/ARG/CO/6). The Committee hopes that in its next report the Government will provide information on the impact of the measures implemented and will report on the progress achieved in reducing existing gaps between men and women in relation to wages and career opportunities, as well as progress in terms of improving job opportunities for women, including in non-traditional fields.

Domestic workers. The Committee recalls that in its previous comments it requested the Government to provide information on the measures adopted to ensure that domestic workers are not discriminated against in employment and occupation, the legal provisions applicable to domestic workers and the number of domestic workers regularized under the Plan Patria Grande. The Committee also recalls that in previous comments it noted the CTA’s indications that 92.7 per cent of domestic workers are undocumented and that the legal regime applicable to them involves discriminatory treatment in the areas of working hours, the termination of the employment relationship, holidays and occupational risks. The Committee notes that in its present comment the CTA adds that the wages of these workers are below the minimum living wage, which places this group of workers in a situation of vulnerability. In this respect, the Committee notes the Government’s indication that, according to the Domestic Work Tribunal, 370,000 domestic workers have been registered, which implies that the percentage of undocumented domestic workers has now been reduced to 67.8 per cent. Furthermore, the Domestic Work Tribunal has taken on new functions, providing advice to domestic workers and employers and undertaking awareness-raising campaigns to promote a cultural change with a view to paid domestic work being considered within the framework of the employment relationship. The Committee requests the Government to provide information on the legislation applicable to domestic workers and on any measures adopted for the protection of such workers against acts of discrimination in employment, including through the documentation process, and the number of workers benefiting from such measures.

Undocumented workers. The Committee notes the CTA’s comments that, in the first quarter 2009, 36.4 per cent of employed persons were not registered, and do not therefore benefit from the protection of the social security system in such areas as retirement benefits and family allowances. The Committee notes in this respect the Government’s indication that the principal objective of the National Plan for Labour Regularization is the inclusion of all workers in the social security system through inspection and action to combat undeclared work, as well as dissemination and awareness-raising campaigns. According to the Government, since the beginning of the National Plan for Labour Regularization in 2003, it has been possible to reduce the rate of undocumented workers by 12.7 percentage points and, in January 2009, undocumented workers accounted for 25.32 per cent of the workforce. The Government also refers to new Act No. 26476 of December 2008 establishing procedures for the regularization of employment relations and the promotion and protection of registered employment. The Act offers incentives to employers, through reductions in social security contributions, for the regularization of workers. The Committee requests the Government to provide information on the impact in practice of this Act, the National Plan for Labour Regularization and the other measures adopted by the Government to encourage the regularization of undocumented workers with a view to reducing their vulnerability and improving their conditions of work.

The Committee is raising other points in a request addressed directly to the Government.