Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Argentina

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1955)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1985)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received in 2018 and 2022.

Articles 4, 10 and 11 of Convention No. 81 and Articles 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. In relation to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security (Ministry of Labour) has 385 inspectors and 312 inspection auxiliaries at the state level. However, the Committee notes that the CGT RA refers in its observations to a deficit in inspection staff in the provinces, in proportion to the duties concerned and the geographical area in which they are performed. The Committee requests the Government to provide its comments on the observations made by the CGT RA. The Committee also requests the Government to continue providing information on the budget available for labour inspection, disaggregating information for central and provincial structures, and on the number of inspectors at the national level.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comment on training given to inspectors, the Committee notes that the CGT RA refers to the need to carry out specific training and inspections to tackle the problem of inspection in agriculture, and to the deficiencies in training for inspectors outside the Occupational Risk Supervisory Authority (SRT). In this regard, the Committee welcomes the Government’s indication regarding the formulation and implementation of the “Comprehensive training plan for a modern and efficient labour inspectorate in Argentina”, developed jointly with the ILO, which includes a module on labour inspection in the rural sector. In this regard, the data supplied by the Government indicate that enrolments in modules of this plan totalled 440 in 2018, 430 in 2019 and 990 in 2021. The Committee also notes that the Government provides statistics on the various training activities conducted for inspectors and inspection auxiliaries outside the framework of the comprehensive plan in the 2019–21 period, including courses on occupational safety and health and child labour, and indicating the number of enrolments for each training course. The Committee notes this information, which responds to its previous request.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In relation to its previous comment, the Committee notes the Government’s indication that a cooperation agreement was signed in 2019 and an additional protocol in 2020 between the then Government Secretariat for Labour and Employment and the National Register of Rural Workers and Employers (RENATRE), a non-governmental public body, to carry out joint labour inspection operations in rural areas, reinforce controls, and avoid duplication of activity. The Government indicates that the focus is placed on verifying that rural workers are registered properly and declared in the unified social security system, that employers and workers are properly registered in RENATRE, and that establishments and activities where child labour or evidence of labour exploitation is detected are identified at an early stage. In this regard, the Committee notes the Government’s indication that during the 2020–22 period a total of 476 establishments were recorded, of which 340 had committed infringements. The Government also indicates that RENATRE is developing a digital inspection system to contribute to the registration and regularization of rural workers. However, the Committee observes that no specific information has been provided on inspections carried out and infringements recorded in relation to occupational safety and health or conditions of work, such as working hours and wages. The Committee requests the Government to provide more information on the effect of the cooperation agreement with RENATRE, including inspections carried out within its framework, and its impact on improving conditions of work in agriculture. The Committee also requests the Government to continue providing information on: (i) inspection activities in agriculture and their characteristics, as well as on all measures taken to improve conditions of work in agriculture; and (ii) the functioning of the digital inspection system and its impact on labour inspection activities in agriculture.

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. With reference to its previous comment, the Committee notes the Government’s indication that the labour inspectorate is notified of occupational accidents and diseases under section 31(2) of Act No. 24557 of 1995, and that statistics are compiled on the number of occupational accidents involving workers covered by the occupational risks system, and these are published on the website of the Ministry of Labour. While noting this information, the Committee once again requests the Government to provide information on the steps taken to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17). The Committee also requests the Government to provide information on: (i) the possibility of associating the labour inspection services in agriculture with any inquiry carried out at the place where the events occurred; (ii) the causes of occupational accidents; and (iii) the cases of occupational disease that affect a number of workers or have fatal consequences (Article 19(2)).