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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Argentina (Ratification: 1956)

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The Committee notes the Government’s reply to the 2019 and 2020 observations of the General Confederation of Labour of the Argentine Republic (CGT RA) and the Confederation of Workers of Argentina (CTA Autonomous) relating to measures adopted in the context of the COVID-19 pandemic. The Committee observes that the issues raised by the CTA Workers in observations dating from 2021 were examined by the Committee on Freedom of Association in Case No. 3338. The Committee also notes the observations of the CGT RA and the CTA Autonomous, both received on 1 September 2023, which cover matters addressed by the Committee in this comment.

The Committee notes the observations of the Industrial Confederation of Argentina (UIA) received on 1 September 2023. The Committee notes that the UIA’s observations firstly refer to matters raised in a representation made under article 24 of the ILO Constitution which, having been declared receivable by the ILO Governing Body, will be examined by a tripartite committee. The Committee also notes that the UIA asserts that the potential of the Social Dialogue Commission has not been duly exploited. The Committee further notes the Government’s indication that a meeting was held on 4 October 2023 to relaunch the standards subcommission of the Social Dialogue Commission, which was established in 2019 as a tripartite national body to improve compliance with the ILO Conventions ratified by Argentina. The Committee notes the Government’s indication that, together with the CTA Autonomous, the CTA Workers and the CGT and the UIA, it adopted regulations on the standards subcommission indicating that the latter will be tasked with the prevention and handling of disputes relating to the application of international labour standards. The Committee encourages the Government to continue strengthening the Social Dialogue Commission and expresses the firm hope that the issues relating to theConvention will be addressed through social dialogue within the aforementioned Commission. The Committee requests the Government to continue providing information on the progress of the work of this social dialogue body.

Promotion of collective bargaining. The Committee notes the information provided by the Government, covering mainly the 2018–21 period, on the status of collective bargaining in the country. The Committee notes the CGT RA’s indication that in 2022 a total of 1,024 collective agreements were signed and registered, and also notes the indication of the CGT RA and CTA Autonomous that the recent high inflation rates in the country have hampered collective bargaining, severely affecting its rhythm and content. The CTA Autonomous emphasizes that collective negotiations are currently focused almost exclusively on fixing wage increases for short periods and the CGT RA indicates that, in the inflationary national context, collective bargaining has been playing a vital role in preserving workers’ incomes. The UIA, for its part, indicates that an Emergency Decree (DNU) issued in August 2023 on account of increasing inflationary pressures which establishes the obligation to pay amounts not defined as remuneration is affecting joint negotiations which have been closed or those that are still in progress. The Committee also notes that the CTA Autonomous indicates that in the first quarter of 2023 the level of informality in the private wage sector reached 42 per cent and that over half of wage workers are not covered by any collective agreement. Moreover, the Committee notes that both the CGT RA and the Government emphasize that the Supreme Court of Justice, by a ruling issued on 3 September 2020, revoked a judgment of the Federal Chamber in Salta which had declared section 31(c) of Act No. 23.551 on trade union organizations unconstitutional in that it only allows collective agreements to be concluded by trade unions with trade union status (personería gremial), which are the most representative trade unions. The Committee duly notes the Court’s ruling and recalls that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, the Committee considers that in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members (2012 General Survey on the fundamental Conventions, paragraph 226). The Committee requests the Government to continue providing information on the promotion of collective bargaining and on the number of agreements adopted, indicating the levels, sectors and number of workers covered. The Committee also requests the Government to provide information on the measures taken to promote collective bargaining for workers in the informal economy. Also duly noting the observations and concerns referred to above of the CGT RA, CTA Autonomous and UIA, the Committee requests the Government to provide its comments in this respect.