Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

The Committee notes the Government’s communications, received on 21 May and 10 June 2013, in reply to the observations of the Confederation of Workers of Argentina (CTA) dated 31 August and 7 September 2012, and the observations of the General Confederation of Labour (CGT RA) dated 21 September 2012. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 4 September 2015, and the observations of the CGT RA, received on 22 September 2015, and also the Government’s reply.

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee asked the Government to provide information on the activities of the Advisory Office on Violence in the Workplace (OAVL), particularly prevention activities and action taken in response to complaints of sexual harassment. The Committee notes that the Government provides information on the activities of the OAVL, including: consultations and actions in response to complaints regarding violence in the workplace; dissemination and training activities; the formulation of an instrument for measuring workplace violence in conjunction with the National Institute of Statistics and Censuses (INDEC); and the signature of a “Pledge of commitment to decent work without violence in the workplace” by 72 employers’ organizations and 71 workers’ organizations, under which specific focal areas were established for trade unions, the subject of workplace violence was included in collective agreements, dissemination and prevention strategies were implemented, and the commitment was made to contribute to OAVL investigations and statistical studies. The Committee also notes that the OAVL has been consulted regarding the preparation of draft national legislation on the subject. The Committee requests the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace, particularly on new training and prevention activities and on the preparation of an instrument for measuring workplace violence, and also information on action taken in response to complaints of violence in the workplace, including sanctions imposed and compensation awarded. The Committee also requests the Government to continue providing statistical information on complaints submitted regarding workplace or sexual harassment, disaggregated by ground of discrimination. The Committee further requests the Government to indicate the status of the preparation of the draft legislation on workplace harassment and to provide information on the national and provincial legal provisions that regulate sexual harassment in both the public and private sectors.

Article 2. National policy on gender equality. In its previous comments, the Committee asked the Government to provide statistical information on the participation of women in the labour market by sector of activity and level of remuneration, and also on the practical impact of the measures taken as part of various public and private initiatives designed to achieve gender equality. The Committee notes that the CTA Autonomous indicates that the measures taken by the Government in relation to the certification of enterprises that have adopted pro-gender equality measures have been insufficient. The Committee notes that according to the report of the Coordinating Office for Gender Equity and Equal Opportunities (CEGIO), sent by the Government, information has been published to raise awareness of collective bargaining as an instrument to promote gender equality and trade union training workshops have been held as part of the “Inter-union commitment to sexual diversity”. The Government also indicates that in 2014 a total of 7 per cent of collective agreements incorporated gender equity clauses. The Committee also notes the activities carried out by the Ministry of Labour in conjunction with the National Institute against Discrimination, Xenophobia and Racism (INADI), including: training with gender mainstreaming for workers at the Ministry of Labour in 2014 and 2015, and of workers at employment offices and agencies; training and awareness-raising activities in various localities as part of the “New skills for women” programme; the adoption of a new line of action called “Diversity management in the world of work”, under which the “Network of non-governmental entities” was introduced in 20 enterprises, and the preparation of a “Discrimination map”, showing statistics of discrimination throughout the country. In particular, work is being done on the placement of workers in non-traditional jobs, on the “glass ceiling” phenomenon, and on the need to promote action on the sharing of family responsibilities between men and women, and also the establishment of policies for achieving a work–life balance. The Government also indicates that 46 per cent of participants in the “Argentina at work” cooperatives programme are women. The Government further indicates that, in the context of the Tripartite Committee on Equality of Opportunities and Treatment (CTIO), meetings have been held between women representatives of workers’ and employers’ organizations and non-governmental organizations, which have included the sharing of family responsibilities as a topic in collective bargaining. Lastly, the Committee notes the statistical information provided by the Government and refers to its comments under the Equal Remuneration Convention, 1951 (No. 100). The Committee requests the Government to continue providing information on the steps taken through the various existing institutions to promote equal opportunities for men and women, including information on the results achieved, and also statistical information enabling the identification of trends in the participation of men and women in the labour market, disaggregated by sex, sector of activity and level of occupation. The Committee also requests the Government to provide information on any legislative developments regarding the bill to achieve non discrimination and effective equality between women and men in decision making circles in enterprises, as referred to in its previous comments.

Prohibited work for women. The Committee observes that section 176 of the Employment Contract Act prohibits the employment of women in work of an arduous, hazardous or insalubrious nature and provides that regulations shall determine which industries are covered by this prohibition. The Committee recalls that protective measures applicable to women’s employment which are based on stereotypes regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women in employment and occupation. In addition, provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey on the fundamental Conventions, paragraph 840). The Committee requests the Government to provide information on the list of types of work that have been prohibited for women.