Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Argentina (Ratification: 1950)

The Committee notes the Government’s report, which contains information on amendments made to the Occupational Hazards Act (LRT) of 1995. It also notes the observations made in this connection by the Confederation of Workers of Argentina (CTA) received on 30 August 2013 and those by the General Confederation of Labour of the Argentine Republic (CGT-RA), received on 3 September 2013. The Government confirms that the Standing Advisory Committee has convened and indicates that a draft Decree is being prepared to implement provisions adopted, including those on the extension of the list of occupational diseases. The Committee can only encourage tripartite dialogue and asks the Government to keep the Office informed of progress made by the Standing Advisory Committee.

Article 2 of the Convention. Application to non-registered workers. The Committee notes that the trade union federations report that the amendments to the LRT have not solved the problem of non-registered workers and that the latter still have no automatic access to medical care because they are not on the lists of the insurance companies under contract to their enterprises. Noting that the Government has not provided the information requested on this matter, the Committee again asks it to explain in detail: the manner in which the Convention is applied to workers who have not been registered by their employers; who ensures payment to these workers or compensation and medical costs in the event of occupational accidents and what penalties are applied to employers who fail to meet the obligation to insure their workers against occupational accidents.

Article 5. Payment of compensation in a lump sum. The Committee notes that, following the ruling that periodical payments of compensation in case of death due to employment injury are unconstitutional because they do not provide fair compensation, the periodical payments system has been modified and the LRT now provides that periodical payments of compensation in cash are to be converted into lump sum payments of compensation in cash, except for those in the process of implementation. The Committee again points out in this connection that the compensation of victims of occupational injuries who suffer permanent disability or of their dependents in case of death should be done with the objective of ensuring their protection throughout the contingency. Normally, this is better achieved through periodical payments which are regularly adjusted to accommodate substantial changes in the cost of living and inflation so as to maintain the value of the benefits throughout the payment period. The Committee notes that section 8 of Act No. 26773 does provide for a twice yearly review of the amounts payable for permanent work-incurred disability, based on movements in the average taxable remuneration index of workers in stable employment (index RIPTE). Pointing out that Article 5 of the Convention provides that the compensation may be paid wholly or partially in a lump sum only if the competent authority is satisfied that it will be properly utilized, the Committee requests the Government to indicate how it ensures that this provision of the Convention is applied in these circumstances.

Article 9. Medical and surgical assistance. The Committee requests the Government to indicate whether surgical assistance is provided free of charge, and if so, under which provision of the legislation.

Article 10. Artificial limbs and surgical appliances. In its 2012 report, the Government referred to a draft resolution on chronic cases prepared by the Supervisory Authority of Occupational Hazards, requiring occupational risk insurers (ART) to conduct periodical checks on the state of the artificial limbs and surgical appliances that have been supplied. The Committee requests the Government to report on progress in the adoption of this resolution.

[The Government is to reply in detail to the present comments in 2014.]