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

Argentina

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1955)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1985)

In order to provide a comprehensive overview of issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate, and also the Government’s reply.

The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers and Employers (RENATEA) received on 2 September 2016.

Articles 3(1)(a), 4, 10 and 11 of Convention No. 81 and Articles 6(1)(a), 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. The Committee previously asked the Government to provide information on: (i) the measures taken to have a labour inspectorate functioning beneath a central authority and according to uniform criteria; (ii) the number of inspectors at the federal level and in each of the provinces (specifying the number of inspectors covering the rural sector), in proportion to the number of workplaces and workers in each of the provinces; (iii) the budget of the labour inspectorate, disaggregated between central and provincial structures; and (iv) the material resources available.

The Committee notes Act No. 26.940 on the promotion of registered work and the prevention of labour fraud, promulgated in May 2014 and welcomes section 37, which provides that when a local labour inspection department does not meet the requirements of the labour inspection Conventions or the requirements that derive from the Act, the Ministry of Labour shall exercise the corresponding powers in conjunction with the Federal Labour Council (CFT).

The Committee also notes the Government’s indication in its report that the number of labour supervisors and inspectors has been increasing since 2003 at the federal and provincial levels. According to the Government’s information, the monitoring and inspection of occupational safety and health has been reinforced through the assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces with new inspectors and new technological resources.

The Government indicates that there are 350 inspectors involved in the implementation of the National Plan for the Regularization of Labour (PNRT) who inspect a total of 595,155 workplaces (excluding public workplaces except for certain hospitals and schools) and 6,953,701 workers. The ratio is one inspector for 1,700 workplaces and 19,868 workers, though there are significant differences between provinces. For example, in the province of La Rioja each inspector covers a total of 325 workplaces and 4,633 workers, while the province of Córdoba has a ratio of one inspector for 4,626 workplaces and 45,945 workers. However, these figures only refer to registered workplaces and workers, and do not include figures for informal work, which is the focus of the PNRT.

The Committee also notes the Government’s information on budgetary matters and material resources, though the Government makes no mention of the rural sector and does not indicate the amount of the inspection budget.

For its part, the CTA Autonomous indicates that Act No. 26.940 still has not caused a real improvement in inspection services in Argentina. For example, it states that the Special Unit for the Inspection of Irregular Work (UEFTU), envisaged in the abovementioned Act for the purpose of analysing, investigating and evaluating situations of unregistered work and also any forms of illegal subcontracting and labour and social security fraud, has not even been established. It also repeats its previous observations concerning the lack of uniform inspection criteria, the inadequacy of the system of cooperation between the provinces and the Federal State, and the lack of inspectors and material resources.

The CGT RA recognizes the efforts made to increase the number of inspectors but considers that they are not enough.

The Committee requests that the Government: (i) provide information on the manner in which the Ministry of Labour, in conjunction with the CFT, will act as a substitute for a local service if the latter fails to meet the requirements of Conventions Nos 81 and 129; (ii) provide information on the application in practice of Act No. 26.940; (iii) indicate the total number of inspectors involved at the federal and provincial levels (indicating how many are assigned to the rural sector), disaggregated according to occupational safety and health, the PNRT or any other function; and (iv) explain the policy adopted for determining needs with regard to the number of federal and provincial inspectors. Lastly, the Committee requests once again that the Government indicate the budget for labour inspection, disaggregated between central and provincial structures, and the material resources available.

Cooperation in the context of MERCOSUR. The Committee previously asked the Government to provide information on joint activities undertaken in the Common Market of the Southern Cone (MERCOSUR). The Committee notes the Government’s information on joint activities implemented by Argentina, Brazil and Paraguay in June 2015 to combat and eradicate child labour, and also those undertaken in July 2015 by Argentina and Uruguay in the international goods and passenger transport sector.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide information on the measures taken to provide labour inspectors in the provinces with initial and further training which is adequate and geared to new technologies and conditions of work in workplaces liable to inspection.

The Government states in its report that the Ministry of Labour has implemented a training plan for inspectors to reinforce the labour inspection service throughout the country and that the numbers of labour inspectors who participated in training for each year of the 2011–15 period were 679, 242, 113, 288 and 100, respectively. These figures differ from those supplied by the Government in its reply to the observations of the CGT RA and the CTA Autonomous, according to which 617 inspectors attended training in 2014, while 778 took part in 2015. As regards agriculture, 311 inspectors participated in training in 2014 and 527 took part in 2015, though none of the courses appeared designed to provide supplementary training which was appropriate for their work. The Committee also notes that a joint training plan with the provinces is currently being prepared, which includes the implementation of a diploma in labour inspection. Lastly, the Government makes no mention of the initial training given to inspectors upon their entry into service.

The CGT RA indicates in its observations that there is a need for specific training in the rural sector. The Committee therefore requests that the Government provide information on both initial and further training given to inspectors, indicating its duration, content and the number of participants, and also on courses specifically designed for inspectors in the rural sector.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. The Committee notes once again that the Government has not provided any information on this matter. The Committee therefore requests that the Government provide information on the collaboration of technical experts and specialists with the inspection services, at the level of the different provincial jurisdictions, and also on the cooperation of the Occupational Risk Supervisory Authority (SRT) in this respect.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In its previous comment, the Committee asked the Government to send any information that it considered relevant regarding the observations of the CTA Autonomous alleging (particularly with regard to the harvesting of yerba maté) the inadequacy of inspection activities, a high incidence of undeclared work, a high accident rate, and a failure to report occupational accidents. The Committee notes the Government’s information that, since the start of the PNRT, the Ministry of Labour has undertaken periodic and regular inspections with regard to the harvesting of yerba maté. Since 2011, inspectors who have found camps of tareferos (workers engaged in artisanal harvesting) have reported the situation as presumed bonded labour, and they have also detected child labour and imposed the corresponding penalties. The various inspection activities in agriculture have resulted in a reduction in unregistered work. As regards the province of Misiones, where the situation had given rise to several days of protest between 2010 and 2012, the Government indicates that in addition to the inspections carried out, training has been given in occupational safety and health in relation to the yerba maté harvest and the working conditions of the tareferos, in terms of registration, safety and health, transport and occupational hygiene, have improved considerably.

However, the CTA Autonomous indicates that the problem was still unresolved in 2015. Similarly, the CGT RA indicates that the control and inspection functions in agriculture generally continue to be inadequate and much remains to be done to achieve decent work in agriculture. The Committee requests that the Government provide information on the number and type of inspection activities in agriculture, and also on all measures taken to improve working conditions in agriculture, particularly in relation to the harvesting of yerba maté. Lastly, the Committee again requests that the Government provide its comments on the CTA Autonomous previous indication that occupational accidents are often not reported.

Furthermore, observing that the Government has not replied to some of its previous comments, the Committee is bound to repeat part of its previous observation, which read as follows:

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17) and to send a copy of any relevant legal text. It also requests that the Government indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), and the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).