Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Tripartism and social dialogue. The Committee notes the Government’s indication that the reporting period was characterized by intense tripartite activity and social dialogue. In this respect, the Government reports on the substance of the meetings of the Standing Advisory Committee of the Occupational Risks Act (CCP-LRT), which took place between 2017 and 2018. The Government indicates that at those meetings, tripartite discussions were held on the technical aspects of the bill on occupational protection and prevention. In April 2019, the Committee on Social Dialogue for the Future of Work was established as the national tripartite body, under resolution No. 225/2019. Its functions include mediation among the social partners to improve compliance with the ILO Conventions ratified by Argentina, and analysis of current labour issues with a view to proposing updates to national standards as they relate to those Conventions. The Committee notes with interest the records of the meetings of the Committee on Social Dialogue held in 2019, attached to the Government’s report, in which it is recalled that in plenary that Committee would discuss issues in three areas: standards, public policy and individual ILO cases, as well as any other issue related to international labour standards. Lastly, the Government indicates that tripartite consultations were held on issues regarding the implementation of various ILO Conventions on occupational safety and health, and the minimum wage. The Committee requests the Government to provide information on the consultations held in the Committee on Social Dialogue for the Future of Work related to the application of the Convention, and the outcome of those.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide 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 requested 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 were taken into account. It also requested the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards continued to be active and, if so, to provide information on its activities. The Committee notes the detailed information provided by the Government on the tripartite consultations held on 3 May 2017, 11 July 2018 and 7 August 2018 on the matters relating to international labour standards required by the Convention. In particular, the Government reports that, in the framework of these consultations, the most representative workers’ and employers’ organizations were consulted on the items included on the agenda of the 106th, 107th and 108th Sessions of the Conference, as well as on the review of unratified Conventions and of Recommendations. Further, the social partners were shown the annual list of reports to be presented by Argentina under article 22 of the ILO Constitution on the application of ratified Conventions, and were invited to submit written assessments before 1 August of the following year. The Committee notes, however, that the Government does not 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. Nor does the Government indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards remains active. The Committee requests the Government to provide updated information on the content and outcome of the tripartite consultations held on all matters relating to international labour standards covered by the Convention. The Committee once again requests the Government to indicate the manner in which the views expressed by representative workers’ and employers’ organizations on the operation of the consultation procedures required by the Convention are taken into account. In addition, it reiterates its request that the Government indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards, which was mentioned in previous reports, remains active and, if so, to provide information on its activities, and their outcome.

Article 5(1)(b). Tripartite consultations on the submission of instruments to the National Congress. In its previous comments, the Committee requested the Government to provide information on the consultations held regarding the proposals made to the National Congress in relation to the submission of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185). In this respect, the Committee notes the Government’s indication that it sought the view of the social partners on the submission of the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205). However, the Government does not indicate whether the social partners were consulted with respect to the submission of Convention No. 185. Additionally, the Committee notes that Convention No. 185, the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), and Recommendation No. 205 are still pending submission to National Congress. The Committee refers to its 2016 observation regarding the obligation to submit and requests the Government once again provide information on the consultations held regarding the proposals made to the National Congress in relation to the submission of Convention No. 185.