Collective Bargaining Convention, 1981 (No. 154) - Argentina (Ratification: 1993)

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

The Committee takes note of the supplementary information provided by the Government in the light of the decision adopted by the Governing Body at its 338th Session (June 2020), which provides detailed and updated information on the state of collective bargaining and on the collective agreements approved in the country.

The Committee also notes (i) the observations of the Industrial Confederation of Argentina (UIA), communicated with the Government’s supplementary report and relating to the role of collective bargaining in the management of the COVID-19 pandemic, alluding in particular to the adoption of bipartite protocols on action to prevent spread of the disease in workplaces; (ii) the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 27 September 2020, regarding the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). Those observations provide information on the situation of collective bargaining in the context of the pandemic, referring in particular to agreements between the CGT RA and the UIA in respect of a minimum wage floor and stability of employment, and recommending the automatic 60-day approval of the agreements concluded under section 223bis of the Labour Contracts Act and in accordance with the parameters agreed by the social partners. In that connection, those organizations allude to Ministerial Resolution No. 397/2020 which, as agreed, implements automatic approval of agreements; they report that certain sectoral agreements have been signed within this framework. The CGT RA adds that while most organizations postponed the formal start of 2020 negotiations, due to continued restrictions imposed by the pandemic, a number of unions began and completed their collective agreements; and (iii) the observations of the Confederation of Workers of Argentina (CTA Autonomous), received on 30 September 2020, also regarding collective bargaining in the context of the pandemic, and indicating that CTA Autonomous was not consulted in respect of the measures taken after the agreement between the CGT and the UIA, although the organization had asked to be included and had proposed measures to the authorities. It regrets that, in confronting the crisis, use had not been made of social dialogue through the Social Dialogue Commission. The observations also refer to the Supreme Court ruling of 3 September 2020, giving exclusive collective bargaining rights to workers’ organizations with trade union status. The Committee notes that CTA Autonomous goes on to refer to observations by the Association of State Workers (ATE), which affirm that: (i) not all provinces have legislation that specifically guarantees State workers’ right to bargain collectively and that very few provinces have signed a collective labour agreement; and (ii) there is no guarantee of the existence of an impartial body that can act in cases of collective disputes between the State and its employees.

The Commission welcomes the use of collective bargaining in the management of the pandemic. The Committee also stresses the importance of a broad social dialogue with all representative workers’ and employers’ organizations when taking action to address crises affecting the interests of their members. The Committee requests the Government to communicate its observations regarding the issues raised in these supplementary observations.

The Committee reviewed the application of the Convention on the basis of the additional information received from the Government and the social partners this year (see Article 5 below), and the information at its disposal in 2019.

The Committee notes the observations of the Industrial Confederation of Argentina (UIA), received on 30 August 2019. The Committee also notes the observations of the Argentine Federation of the Judiciary (FJA), received on 27 August 2019, as well as of the General Confederation of Labour of the Argentine Republic (CGT-RA), received on 3 September 2019, and of the Confederation of Workers of Argentina (CTA Workers), received on 10 September 2019.

The Committee welcomes the creation of the Social Dialogue Committee and refers, in this respect, to its observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 5 of the Convention. Promotion of collective bargaining in the country. The Committee notes the detailed information provided by the Government concerning the collective bargaining situation in the country in 2017 (in which a total of 1,004 collective agreements and accords were signed, covering 4,180,000 workers), in 2018 (in which a total of 1,653 agreements and accords were signed, covering 4,300,000 workers) and in the first three months of 2019 (during which a total of 1,518 approved agreements and accords were signed, covering 3,982,813 workers).

Collective bargaining of workers in the national judiciary. In its previous comments, the Committee urged the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and the provinces. The Committee notes that, once again, the Government refers to the division of powers and recalls that the regulation of collective bargaining in the national judiciary falls within the exclusive competence of the Supreme Court and the legislative branch. The Government adds, in this respect, that two bills in that area had been submitted recently, which had lost parliamentary status without being addressed. Regarding the judiciaries of the different provinces, the Government indicates that progress has been made, reflected in intense bipartite negotiation activities, and indicates that collective bargaining is implemented in the Autonomous City of Buenos Aires, as well as in the provinces of Buenos Aires, Tucuman, Chaco, Rio Negro and Mendoza. The Committee also notes that the CGT RA states that the national judiciary continues to invoke its independence to evade the exercise of collective bargaining; and that the FJA reports that neither at the national level nor in 23 of the country’s 28 provinces is the right of collective bargaining of workers in the judicial system respected. The Committee also recalls that these inadequacies in the promotion of collective bargaining of workers in the national judiciary have been the subject of various cases before the Committee on Freedom of Association (for example, Cases Nos 3078 and 3220). The Committee trusts that the Social Dialogue Committee will carry out an analysis of the necessary measures, adapted to national conditions, including legislation, which must be adopted to ensure the right to collective bargaining of workers in the national judiciary and in all the provinces of Argentina. The Committee encourages the Government to consider the possibility of inviting representatives of the judicial and legislative powers in question to engage with the Social Dialogue Committee for the purposes of this discussion. The Committee requests the Government to keep it informed of any developments in this respect.

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

The Committee notes the observations of the Industrial Confederation of Argentina (UIA), received on 30 August 2019. The Committee also notes the observations of the Argentine Federation of the Judiciary (FJA), received on 27 August 2019, as well as of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 3 September 2019, and of the Confederation of Workers of Argentina (CTA Workers), received on 10 September 2019.

The Committee welcomes the creation of the Social Dialogue Committee and refers, in this respect, to its observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

Article 5 of the Convention. Promotion of collective bargaining in the country. The Committee notes the detailed information provided by the Government concerning the collective bargaining situation in the country in 2017 (in which a total of 1,004 collective agreements and accords were signed, covering 4,180,000 workers) and 2018 (in which a total of 1,653 agreements and accords were signed, covering 4,300,000 workers).

Collective bargaining of workers in the national judiciary. In its previous comments, the Committee urged the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and the provinces. The Committee notes that, once again, the Government refers to the division of powers and recalls that the regulation of collective bargaining in the national judiciary falls within the exclusive competence of the Supreme Court and the legislative branch. The Government adds, in this respect, that two bills in that area had been submitted recently, which had lost parliamentary status without being addressed. Regarding the judiciaries of the different provinces, the Government indicates that progress has been made, reflected in intense bipartite negotiation activities, and indicates that collective bargaining is implemented in the Autonomous City of Buenos Aires, as well as in the provinces of Buenos Aires, Tucuman, Chaco, Rio Negro and Mendoza. The Committee also notes that the CGT RA states that the national judiciary continues to invoke its independence to evade the exercise of collective bargaining; and that the FJA reports that neither at the national level nor in 23 of the country’s 28 provinces is the right of collective bargaining of workers in the judicial system respected. The Committee also recalls that these inadequacies in the promotion of collective bargaining of workers in the national judiciary have been the subject of various cases before the Committee on Freedom of Association (for example, Cases Nos 3078 and 3220). The Committee trusts that the Social Dialogue Committee will carry out an analysis of the necessary measures, adapted to national conditions, including legislation, which must be adopted to ensure the right to collective bargaining of workers in the national judiciary and in all the provinces of Argentina. The Committee encourages the Government to consider the possibility of inviting representatives of the judicial and legislative powers in question to engage with the Social Dialogue Committee for the purposes of this discussion. The Committee requests the Government to keep it informed of any developments in this respect.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Argentine Federation of the Judiciary (FJA), received on 15 January and 10 August 2016; of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 7 June 2016; and of the Confederation of Workers of Argentina (CTA Workers), received on 6 September 2016.

The Committee notes the detailed information provided by the Government relating to the state of collective bargaining in the country in 2015, in which it emphasizes that 1,957 contracts and agreements were approved (a similar number to that in 2014), covering a total of approximately four and a half million workers.

Article 5 of the Convention. Collective bargaining of workers in the national judiciary. In its previous comments, the Committee urged the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and the provinces. The Committee notes that the Government recalls that the regulation of collective bargaining in the national judiciary falls within the exclusive competence of the Supreme Court and indicates that the new administration has established communication with the provinces in order to gather information on the current situation. In this respect, the Government reports on progress, emphasizing that in five provinces (Buenos Aires, Tucuman, Chaco, Rio Negro and Mendoza) collective agreements have been concluded (the Government adds that it is still waiting for information from other provinces). In addition, the Committee notes that the trade unions’ observations highlight the absence of collective negotiation in the national judiciary and in most of the provinces and refer to the launch of legislative initiatives at national level to address this matter. The Committee recalls that this issue was already dealt with in 2012 by the Committee on Freedom of Association, which recommended that the Government, “pursuant to Article 5 of Convention No. 154”, should “take measures adapted to national conditions, including legislative measures if necessary, to promote collective bargaining between judiciary authorities and the trade union organizations concerned” (see 364th Report, Case No. 2881, paragraph 231). Noting the information provided, the Committee urges the Government to take the necessary measures to guarantee the collective bargaining rights of workers in the national judiciary and in all the provinces of Argentina and to continue providing information on any development in this respect.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Argentine Federation of the Judiciary (FJA), received on 31 August 2015, the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2015, and the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015, all of which once again denounce the denial of the right to collective bargaining of workers in the national judiciary and the provinces.

The Committee notes that the Government, in reply to its previous comments in this respect, confines itself to forwarding a communication from the National Supreme Court of Justice, in which the justices of the Court indicate that they have been informed of a recent complaint before the Committee on Freedom of Association (Case No. 3078) and have decided not to intervene in it.

The Committee once again observes that this issue was already addressed in 2012 by the Committee on Freedom of Association (see 364th Report, Case No. 2881, paragraph 231), in which it recommended the Government, “pursuant to Article 5 of Convention No. 154, to take measures adapted to national conditions, including legislative measures if necessary, to promote collective bargaining between judiciary authorities and the trade union organizations concerned”. The Committee notes with concern the lack of tangible progress to guarantee the collective bargaining rights of workers in the national judiciary and in several provinces of the country. The Committee urges the Government to take the necessary measures in this regard, and requests it to provide information on any developments on the subject.

[The Government is asked to reply in detail to the present comments in 2016.]

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations on the application of the Convention made in 2014 by the Confederation of Workers of Argentina (CTA Autonomous), the General Confederation of Labour of the Argentine Republic (CGT RA) and the Argentine Federation of the Judiciary (FJA) relating to the denial of the right of workers in the judiciary to collective bargaining.

The Committee notes that this issue was addressed in 2012 by the Committee on Freedom of Association (see 364th Report, Case No. 2881, paragraph 231), which recommended the Government, “pursuant to Article 5 of Convention No. 154, to take measures adapted to national conditions, including legislative measures if necessary, to promote collective bargaining between the judicial authorities and the trade union organizations concerned”. The Committee invites the Government to follow the recommendations of the Committee on Freedom of Association and recalls that the technical assistance of the Office is available.

[The Government is asked to report in detail in 2015.]

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the comments of the Union of Press Workers of Buenos Aires (UTPBA), dated 16 June 1998, concerning the possible repeal of the statutes on the conditions of service of professional journalists and on the conditions of service of administrative employees of newspaper companies, the repeal of which the UTPBA considers would adversely affect the application of the Convention. The Committee notes the Government's statement to the effect that the statutes on the conditions of service regulating journalistic activities continue to remain in force and that no text has been drafted to repeal them. Consequently, the Committee shall not pursue its examination of this question.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the comments of the Union of Press Workers of Buenos Aires (UTPBA) concerning the repeal on 16 June 1998 of the Conditions of Service of professional journalists and of the Conditions of Service of administrative employees of newspaper companies and requests the Government to send its comments on the matter to allow it to examine these comments at its next meeting.

The Committee also takes note of the recently adopted Act No. 25013 establishing amendments to certain provisions governing employment contracts and to certain laws and current rules governing collective labour agreements, and observes that sections 13 and 14 of the Act stipulate as follows.

Section 13. The Ministry of Labour and Social Security is to set up a mediation and arbitration service following consultations with the most representative employers' organizations and with the General Confederation of Labour; the service will intervene in collective disputes at the request of the parties concerned.

Section 14, paragraph 1. Representation of workers in negotiations on collective labour agreements of whatever type will be the responsibility of higher-level trade union associations which will be able to delegate their power to negotiate to their decentralized structures.

The Committee considers that some of these provisions may present problems in relation to the Conventions ratified by Argentina and proposes to examine them in greater depth next year as part of its examination of the application of Convention No. 98 within the regular reporting cycle.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the report made by the Government.

With reference to its previous direct request, the Committee notes that the Government states that the National Commission for Mediation and Collective Bargaining and the 1994 Framework Agreement on Employment, Productivity and Social Equity have ceased to operate, but that both have made a significant contribution in the general sphere of reconciliation between social partners which culminated in the collective bargaining project and the Law on Collective Bargaining in the Public Sector: Teachers and University Staff.

As regards the requirement for official approval of agreements going beyond enterprise level, the Committee refers to the comments it made in examining the application of Convention No. 98 by the Government of Argentina.

Finally, the Committee has also noted the comments made by the Union of United Maritime Workers (SOMU) relating to collective bargaining in the maritime sector, to which a response will be given within the framework of Convention No. 98.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its first report on the Convention and makes the following comments:

Article 7 of the Convention. The Committee notes that the consultations between the Government, employers and workers to encourage and promote collective bargaining were held through the National Commission for Mediation and Collective Bargaining set up under the "Framework Agreement for Employment, Productivity and Social Equity" of 25 June 1994. In this respect, the Committee asks the Government to inform it whether this National Commission continues to function in practice, what agreements it has concluded and what other measures have been adopted to strengthen the action of the Commission.

Article 8. In regard to this Article, the Committee refers to its comments concerning Convention No. 98 on the requirement that, to be valid, agreements concluded beyond the enterprise level are subject to approval under certain conditions, and on the possibility of derogation by decree to collective agreements, based on the criteria of productivity.