Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Argentina (Ratification: 1987)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2016, and of the Confederation of Workers of Argentina (CTA Workers), received on 6 September 2016. It also notes the Government’s reply to the observations made by the CGT RA on 2 September 2015, which were received on 18 April 2016. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonome), received on 1 September 2017. The Committee requests the Government to provide its comments in this regard.

Tripartism and social dialogue. The CGT RA observes that there was strong tripartite interaction during the period covered by the report. However, it indicates that the regularity and continuity of the consultation process may have been affected. The CGT RA expresses concern regarding the organization of specific tripartite dialogue for the implementation of the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The CGT RA and the CTA Workers also express concern with regard to the operation of the Standing Advisory Committee of the Occupational Risks Act (CCP–LRT). The Government indicates in its report that it will examine the convening of the CCP–LRT, once the reform of the occupational risks scheme has been determined with a view to increasing the effectiveness of the system and reducing the level of litigation, without prejudice to the continuation of the permanent dialogue that has been maintained with the various partners concerned. The Committee recalls that, although the sound functioning of tripartite cooperation in relation to international labour standards presupposes that it is supported by analogous dialogue at the national level, the principal objective of the tripartite consultations covered by the Convention is to promote the application of international labour standards, particularly with regard to the questions set out in the Article 5(1) of the Convention. It therefore refers to its comments in relation to Conventions Nos 155 and 187.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Government indicates that the most representative organizations of employers and workers were consulted with regard to the items included on the agenda of the Conference (at its 104th and 105th Sessions), and that four tripartite meetings were held between May 2015 and April 2016. The list of reports on the application of ratified Conventions was addressed at a meeting held in April 2016, with the most representative organizations of employers and workers being invited to indicate their views before 1 August 2016. The Committee requests the Government to continue providing updated information on the content and outcome of the tripartite consultations held on all of the matters relating to international labour standards covered by the Convention. The Committee also requests the Government to indicate the manner in which the views expressed by representative organizations on the operation of the consultation procedures required by the Convention are taken into account. It also requests the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards, to which reference was made in previous reports, continues to be active and, if so, to provide information on its activities.

Article 5(1)(b). Tripartite consultations on the submission of instruments to the National Congress. The Government indicates that it sought the views of the social partners in relation to the submission of the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee notes that the submission to the National Congress remains pending of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and of Recommendation No. 204. The Committee refers to its 2016 observation on the obligation of submission and requests the Government to provide information on the consultations held regarding the proposals made to the National Congress in relation to the submission of Convention No. 185.