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

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

The Committee notes the observations of the General Confederation of Labour (CGT) of 31 August 2011, which refer to the lack of national policies on equality of opportunity and treatment in employment, with the exception of policies relating to gender equality and the integration of workers with disabilities. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA) of 31 August 2011, referring to the precarious situation of domestic workers and unregistered workers, as well as various legal provisions which establish the requirement to be of Argentinean nationality to gain access to employment. The Committee requests the Government to provide its observations in this regard.

Equality between men and women. The Committee notes the Government’s indication that the National Women’s Council works jointly with ministries and enforcement agencies in the field of labour. The Government also refers to the Social Insurance Inclusion Plan (Decree No. 1454/2005), under which retirement pensions were introduced for housewives, from which 1,219,000 women have benefited up to now, and the Universal Child Allowance, which has a direct impact on women, including those who are pregnant from the 12th week of pregnancy. However, the Committee observes that the Government has not provided information on the matters raised in its previous observation. The Committee requests the Government to provide information on the impact in practice of the framework agreement “Social dialogue for equality of treatment and opportunities for women and men in the working environment”, and the activities undertaken by the Coordination Unit for Gender Equity and Equality of the Ministry of Labour and Social Security. The Committee also requests the Government to provide information on the progress achieved in reducing the remuneration gap between men and women, and on the differences that exist between men and women in terms of career and employment opportunities, including in non-traditional sectors.

Domestic workers. The Committee notes the CTA’s indication in its comments that most domestic workers are not registered, have lower levels of protection than other workers, work longer hours and have far fewer hours of weekly rest. The Committee notes the Government’s indication that the Bill on workers in private households prepared by the Ministry of Labour and Social Security has been approved by the Chamber of Deputies and is currently being examined by the Senate. The Bill envisages placing workers in the sector (98.5 per cent of whom are women) under equal conditions with other workers so that they can benefit from maternity leave, employment stability, family allowances and coverage for employment accidents. The Committee hopes that the Bill will be adopted in the near future and requests the Government to provide information on any progress in this respect. The Committee also draws the attention of the Government to the recently adopted Domestic Workers Convention, 2011 (No. 189) and Recommendation No. 201.

Undocumented workers. The Committee asks the Government to provide information on the impact in practice of Act No. 26476 of December 2008 establishing procedures for the regularization of employment relations and the promotion and protection of registered employment, and of the Employment Regularization Plan and the other measures adopted by the Government to promote the regularization of unregistered 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.