Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Protection of Wages Convention, 1949 (No. 95) - Argentina (Ratification: 1956)

Article 1 of the Convention. Definition of the term “wages”. The Committee notes that a Bill establishing the progressive elimination of “non remunerative” allowances in the private sector and their incorporation into the wages within a period of six months was recently approved by the Senate and is now pending discussion before the House of Deputies. Moreover, the Committee notes the communication of the General Confederation of Labour (CGT RA), dated 31 August 2011, in which the Confederation expresses its support for the aforementioned Bill. The Committee requests the Government to keep the Office informed of further developments in this regard and to provide a copy of the new legislation as soon as it is adopted. Furthermore, the Committee notes the CGT’s indication that recent jurisprudence has confirmed that all payments to a worker in exchange of his/her work – irrespective of their designation or attributed characteristics – form part of the wage.

However, the Committee notes that the Government once again fails to address the other points raised in its previous observation, namely: (i) the progress made in the negotiations to resolve the dispute between the Ministry of Health of the Government of Buenos Aires and the Federation of Professional Employees of the Government of the autonomous city of Buenos Aires; (ii) the situation with regard to the Bill to amend sections 120 and 147 of the Act on labour contracts on the elements of wages which cannot be attached; (iii) any changes in the situation concerning the payment of wages in the form of locally issued vouchers; and (iv) the current situation regarding wage arrears and other difficulties in the regular payment of wages which may persist in certain sectors or provinces. The Committee is therefore bound to renew its request for detailed information on these points.