Observation (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 an overview of the issues relating to the application of the ratified 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 (RENATEA) received on 2 September 2016. The Committee requests that the Government provide its comments on these observations in so far as they concern the RENATEA.

Lastly, the Committee notes the observations made by the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) and of the Association of State Workers (ATE), both received on 5 July 2016.

Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Articles 6(1)(a), 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. In its previous comments, the Committee noted that the National Plan for the Regularization of Labour (PNRT) had been designed to incorporate irregular workers in the social security system and asked for information on the number of inspections dedicated to combating undeclared work in proportion to the number of inspections devoted to enforcement of the legislation relating to conditions of work and the protection of workers (including unregistered workers). It also asked the Government to provide information on any penalties that may have been imposed, indicating the legal provisions applied.

With regard to agriculture in particular, the Committee asked for information on inspection activities carried out in the sector (including in relation to child labour) and for statistics relating to violations of the labour legislation, indicating the legal provisions violated and the penalties imposed.

The Committee notes the information supplied by the Government in its report, to the effect that the Ministry of Labour, Employment and Social Security (hereinafter Ministry of Labour) carries out two types of inspection: (i) those deriving from the PNRT (at the provincial level); and (ii) those carried out at the federal level, in the context of Act No. 18.695 published on 6 March 1970, which regulates the penalty procedure for violations of the provisions governing the performance of work and covers all aspects of labour inspection in the goods and passenger transport sector and in dock work. According to the Government, between 2011 and 2015, inspections under the PNRT accounted for 88 to 94 per cent of all inspections, depending on the year. In most cases, the penalties imposed on the basis of these inspections were for the non-registration of workers in the social security system. With regard to occupational safety and health (OSH), the Government indicates that the inspection function of OSH inspectors has been reinforced through assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces.

With regard to the above, the Committee notes the Government’s statements that the activities carried out under the PNRT do not appear to cover the main functions of labour inspection sufficiently, particularly as regards the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee draws the Government’s attention to paragraphs 44 et seq. of the 2006 General Survey on labour inspection, which indicate that conditions of work and the protection of workers while engaged in their work should be the main area of competence of labour inspectorates. The term “conditions of work” covers many issues, including hours of work, wages, safety and health, the employment of children and young persons, weekly rest, holidays, and the employment of women. The expression “protection of workers while engaged in their work” refers to social protection and to the fundamental rights of workers, covering areas such as the right to organize and engage in collective bargaining, conditions of termination of employment, and social security. While noting the efforts made by the Government with regard to the regularization of workers, the Committee requests that the Government provide information on the number and nature of inspection activities carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women), as well as the number and nature of violations found, penalties imposed and any court rulings in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. In its previous comments, the Committee had asked the Government to provide information on the measures adopted to guarantee labour inspectors, at both the central and the provincial levels, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.

The Committee notes the Government’s indication that all labour supervisors and inspectors come within the scope of the Framework Act on the regulation of national public employment (Act No. 25.164), and that they have the status of civil servants. However, under section 7 of that Act, staff may come within the scope of the stability system or the contract system or belong to the cabinet staff of the higher authorities.

According to section 9 of Act No. 25.164, the incorporation of staff into the contract system takes place solely for the provision of temporary or seasonal services which are not included in the functions of the career system and cannot be covered by permanent staff. Moreover, the number of staff recruited under this system may in any case not exceed the percentage established in the collective labour agreement.

The Committee notes the observations of CLATE and ATE indicating that in April 2016 a total of 97 individuals were dismissed from inspection work at the Ministry of Labour, of whom 31 were labour inspectors. According to the list provided, in the vast majority of cases these individuals were recruited under the contract system, in other words for a fixed term, and the grounds put forward for non-renewal of their contracts were that the employees failed to appear at work or worked very few hours, or that some employees were performing overlapping duties.

Referring to its General Survey on labour inspection, 2006, paragraphs 201 and 202, the Committee recalls that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that the labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that inspectors cannot act fully independently if their continuity of service or their career prospects depend upon political considerations. The Committee requests that the Government specify the type of employment relationship enjoyed by federal and provincial inspectors (disaggregating the number of inspectors employed under the stability system and the number employed under the contract system) and to send a copy of the collective labour agreement in force. The Committee requests that the Government take measures to ensure that all labour inspectors are governed by a public status and are guaranteed stability of employment.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes that it has not received the annual inspection report. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and sent to the ILO in the form and within the deadlines prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that it contains the information required on each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee urges the Government to take prompt measures to give full effect to these provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.