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

Collective Bargaining Convention, 1981 (No. 154) - Argentina (Ratification: 1993)

The Committee notes the observations of the Argentine Federation of the Judiciary (FJA), received on 15 January and 10 August 2016; of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 7 June 2016; and of the Confederation of Workers of Argentina (CTA Workers), received on 6 September 2016.

The Committee notes the detailed information provided by the Government relating to the state of collective bargaining in the country in 2015, in which it emphasizes that 1,957 contracts and agreements were approved (a similar number to that in 2014), covering a total of approximately four and a half million workers.

Article 5 of the Convention. Collective bargaining of workers in the national judiciary. In its previous comments, the Committee urged the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and the provinces. The Committee notes that the Government recalls that the regulation of collective bargaining in the national judiciary falls within the exclusive competence of the Supreme Court and indicates that the new administration has established communication with the provinces in order to gather information on the current situation. In this respect, the Government reports on progress, emphasizing that in five provinces (Buenos Aires, Tucuman, Chaco, Rio Negro and Mendoza) collective agreements have been concluded (the Government adds that it is still waiting for information from other provinces). In addition, the Committee notes that the trade unions’ observations highlight the absence of collective negotiation in the national judiciary and in most of the provinces and refer to the launch of legislative initiatives at national level to address this matter. The Committee recalls that this issue was already dealt with in 2012 by the Committee on Freedom of Association, which recommended that the Government, “pursuant to Article 5 of Convention No. 154”, should “take measures adapted to national conditions, including legislative measures if necessary, to promote collective bargaining between judiciary authorities and the trade union organizations concerned” (see 364th Report, Case No. 2881, paragraph 231). Noting the information provided, the Committee urges the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and in all the provinces of Argentina and to continue providing information on any development in this respect.