Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Home Work Convention, 1996 (No. 177) - Argentina (Ratification: 2006)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations from the Confederation of Workers of Argentina (CTA Autonomous) and the Industrial Confederation of Argentina (UIA), received on 30 September and 1st October 2020, respectively. The Committee requests the Government to send its comments in this regard.

Articles 3 and 4 of the Convention. National policy. The Committee notes the Government’s indication that there has been no progress in the approval of the Bill amending Act No. 12713 of 29 September 1941 on Home Work (Act No. 12713). The Committee requests the Government to provide detailed and updated information on the measures taken or envisaged with a view to improving the situation of homeworkers, particularly those adopted to address the effects of the crisis triggered by the COVID-19 pandemic. The Committee also requests the Government to indicate the employers’ and workers’ organizations that have been consulted regarding the formulation, application and revision of these measures. The Committee further requests the Government to continue providing information on any progress made in the adoption of the Bill amending Act No. 12713.

Articles 4(2)(c) and 7. Equality of treatment in relation to protection in the field of occupational safety and health. Application of safety and health laws and regulations to homeworkers. In its previous comments, the Committee requested the Government to indicate whether the occupational safety and health legislation provides for equal treatment between homeworkers and other wage earners, and whether it is applied taking into account the special characteristics of home work. The Committee notes the Government’s reiteration that, under section 9 of the Home Work Act (No. 12713), premises on which home work is performed must meet health and safety requirements as determined by the competent authority. The Government also refers, among other provisions, to section 22 of Decree No. 118755/42 regulating Act No. 12713, which establishes that workshop premises must comply with the relevant health and safety provisions. The Government further indicates that, under section 22 of the Decree regulating Act No. 12713, the rules on health and safety measures laid down in the general legislation on occupational health, safety and risks for other workers apply to homeworkers. Under Resolution No. 15552/2012 SRT, these rules also apply to telework. The Committee notes, however, that the Government has not provided information in its report on the manner in which the existing legislation on occupational safety and health is applied, taking due account of the special characteristics of home work. The Committee requests the Government to provide information on any measures adopted or envisaged in the area of occupational safety and health that take due account of the special characteristics of home work. The Committee also requests the Government to indicate the types of work and substances prohibited in home work, in accordance with the requirements of Article 7 of the Convention.

Article 4(2)(d). Equality of treatment in relation to remuneration. The Committee notes the approval of an agreement on 16 November 2017 by the Eighth Wage Committee for Home Work in the Footwear Industry, under which the parties agreed to grant to the workers included in the scope of application of Act No. 12713 the increases to the minimum wage agreed under Collective Labour Agreement No. 652/12 on workers from the footwear and related industries. This agreement provides for a gradual increase of 23 per cent in the minimum wage of such workers and a one-off payment not classified as remuneration of 6,000 pesos. The Committee requests the Government to continue providing updated and detailed information on the measures adopted or envisaged with a view to encouraging equality of treatment in terms of remuneration between homeworkers in the various sectors of the economy and other wage earners.

Article 4(2)(e). Equality of treatment in relation to social security protection. In reply to the Committee’s previous comments, the Government indicates that homeworkers, like workers employed in a workplace, are fully covered by the social security system (pension, health, family allowance, unemployment and risk schemes). The Government adds that, to access the benefits of the social security system, homeworkers, like other workers, must be registered and make contributions and their employers must pay the required contributions. The Committee notes, however, that the Government reports high levels of informality in the home work sector, especially in the garment and footwear sectors. With a view to addressing informality in these sectors, the Ministry of Labour and Federal Administration of Public Revenues established the Minimum Workers Indicator, as a tool to calculate the minimum workforce required to undertake an activity in a workshop on the basis of several factors such as the number of machines used and the number of garments or shoes to be produced. The Government indicates that, by targeting different actors in the production chain, it is more effectively combating labour informality and protecting the rights of employees, whether they work in factories, workshops or at home. The Committee requests the Government to provide detailed information on the measures adopted or envisaged to guarantee in practice the access of homeworkers, under equal conditions to other workers, to the social security system, including any measures adopted to combat informality in home work. The Committee also requests the Government to provide updated statistical information, disaggregated by sex, on the number of homeworkers who are covered by the various social security schemes.

Article 4(2)(f). Equality of treatment in relation to training. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged to ensure equality of treatment between homeworkers and other wage earners in relation to training.

Article 6. Labour statistics. Article 9 and Part V of the report form. Application in practice. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged to ensure that statistics on homeworkers, disaggregated by sex and age, including those under the teleworking model, are gathered and analysed. The Committee also requests the Government to provide updated information regarding the application in practice of the Convention, including copies of court decisions in relation to the principles of the Convention and extracts from inspection reports, and to indicate the number of inspections carried out and their outcomes, including with regard to workers under the teleworking model.