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

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

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The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) and of the Confederation of Workers of Argentina (CTA Autonomous), received on 1 September 2023. The Committee also notes the observations of the Industrial Confederation of Argentina (UIA), received on 25 August 2023 and 1 September 2023. The UIA refers to the letter dated 14 July 2023 sent by the Government to the ILO Director-General, supporting the request from the Workers’ Group to place an item on the agenda of the 349th Session of the Governing Body (October–November 2023) concerning an urgent discussion and decision on referring the interpretation of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), regarding the right to strike to the International Court of Justice (ICJ). In this regard, the UIA expresses deep concern at the fact that the Government did not hold effective consultations with the social partners on this vital question before sending its letter. The UIA underlines the fact that non-observance of the Convention by the Government undermined its impact as the most representative employers’ organization and obstructs tripartism in the country. The Committee requests the Government to provide its comments in this respect.

Article 2 of the Convention. Adequate procedures. The Committee notes with interest that on 3 October 2023 the Standards Subcommittee of the Committee on Social Dialogue (the Subcommittee) was relaunched. The Government indicates that the CFT, CTA Workers and CTA Autonomous, for the workers, and the UIA, for the employers, participated in the relaunch. The purpose of the Subcommittee is to streamline procedures for consultations, exchanges and, potentially, the joint resolution at national level of all issues relating to the standard-setting dimension of the ILO, including cases on freedom of association. The Government indicates that on 18 October 2023 the second meeting of the Subcommittee was held with the aim of identifying the freedom of association cases before the ILO Committee on Freedom of Association which could be dealt with in the context of the Subcommittee. The Committee notes, from the minutes of the above-mentioned meeting, that the representative of the Ministry of Labour, Employment and Social Security (Ministry of Labour-MTESS) stated that the Subcommittee embodies good practice and stakeholders in the world of work are not constrained to submit issues to the national body for prior treatment to be able to present their submissions or complaints to the ILO. The Government also indicates that draft internal regulations for the Subcommittee were discussed, and these were subsequently approved by all stakeholders. In this regard, the Government indicates that it is planned for the Subcommittee to meet on a monthly basis and for an annual report on its activities to be produced.

The Committee also notes the setting up of the Economic and Social Council (CES) on 28 February 2021 pursuant to Decree 124/2021. The CES is a collegiate body with civic participation comprising representatives of the workers and of the employers, and also of academic and scientific circles in civic society. The Committee notes that its objectives include: (i) providing support to the President of the Republic by performing analysis and making any recommendations requested on government programmes and draft strategic legislation; (ii) opening a forum for dialogue and cooperation among the various economic and social sectors in the country; and (iii) creating broad consensus on strategic priorities for inclusive national development. The Government states that in August 2023 the members of the CES presented a bill to the Executive Authority with a view to making progress on the formalization and institutionalization of the CES.

The Committee also notes that the CTA Autonomous indicates that the Committee on Social Dialogue regarding the Future of Work set up in 2019 to discuss three areas – standard-setting, public policies and particular ILO cases – is at a standstill, despite the fact that it has not been formally deactivated. The CTA Autonomous also maintains that the Government continues to deny it full recognition and treats it in a discriminatory manner by comparison with other trade unions, showing reluctance to invite it to various tripartite forums. By way of example, the CTA Autonomous claims that in 2021 it was not invited to a meeting of the National Council for Employment, Productivity and the Minimum Adjustable Living Wage (National Council for Employment), at which an increase in the said wage was approved. The Committee requests the Government to continue providing information on the tripartite consultations held in the Standards Subcommittee of the Committee on Social Dialogue and other bodies, including the Committee on Social Dialogue regarding the Future of Work, on the matters referred to in Article 5(1) of the Convention. The Committee also requests the Government to send a copy of the internal regulations of the Standards Subcommittee and a copy of the annual reports on its activities, in accordance with Article 6 of the Convention.

Article 5(1). Effective tripartite consultations. The Committee notes the Government’s indication that the period covered by the report was characterized by intense tripartite activity relating to the matters covered by the Convention, in the context of the Committee on Social Dialogue and the Committee for Tripartite Consultation regarding the Application of International Labour Standards. In this regard, the Government indicates that the social partners were consulted on: (i) the subjects placed on the agenda of the International Labour Conference in 2021, 2022 and 2023, and the workers’ and employers’ proposals for the appointment of their representatives to make up the delegations which would participate in the meetings of the Conference; (ii) the submission of the Seafarers’ Identity Documents Convention (Revised), 2003, as amended (No. 185); (iii) the reports sent to the Office on unratified and ratified Conventions under article 19 and article 22 of the ILO Constitution, inviting the social partners to send their contributions to them in writing; and (iv) the ratification of the Employment Policy Convention, 1964 (No. 122) in the context of a tripartite meeting which took place on 12 July 2023 and at which representatives of the Ministry of Labour, CTA Workers, CTA Autonomous and UIA reached a consensus on the ratification of the aforementioned Convention. The Committee also notes that the Government refers to the holding of consultations in the context of, inter alia, the National Council for Employment and the Standing Advisory Committee established by the Occupational Risks Act. The social partners also participated in regional meetings convened by the social and labour bodies of the Southern Common Market (MERCOSUR). The Committee further notes the indication by the CGT RA that although tripartite consultations are held in various national bodies on a wide range of matters related to employment and conditions of work, it regrets the fact that the consultation system is blatantly contradicted by certain acts of violence against workers which have taken place at provincial level on account of a constitutional reform. The Committee notes that the UIA in its observations underlines the work done by the Directorate of International Affairs at the Ministry of Labour, in relation to discharging its mandate to guarantee tripartism through invitations to attend discussions of issues relating to international instruments and the ILO standards review mechanism (SRM). The Committee requests the Government to continue providing up-to-date information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by the Convention. In view of the lack of information in this regard in the Government’s report, the Committee once again requests the Government to indicate the manner in which the views expressed by the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account, including the views expressed by the UIA in its observations.

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

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 has examined the application of the Convention on the basis of the supplementary information provided by the Government this year, as well as the information at its disposal in 2019.

The Committee notes the observations of the Industrial Confederation of Argentina (UIA), forwarded by the Government in its supplementary report of 2020. It also notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 30 September 2020, and of the Confederation of Workers of Argentina (CTA Autonomous), received on 6 October 2020. The Committee requests the Government to provide its replies in this regard.

In its supplementary report, the Government indicates that, in the context of the measures adopted to address the effects of the COVID-19 pandemic and social distancing measures, social dialogue spaces have been used with the social partners. In this respect, the Government refers, among other measures, to the adoption of the Necessity and Emergency Decree No. 329/2020, in which emphasis is placed on the importance of social dialogue in relation to the measures adopted to preserve jobs. However, the Committee notes the claim by the UIA that employers’ representatives were not consulted regarding the measures adopted. The CTA Autonomous denounces the lack of social dialogue and emphasizes that the Government has confined itself to systematically and constantly issuing necessity and emergency decrees adopting measures in response to the effects of the pandemic without consulting the social partners. The CTA Autonomous indicates that the Government, instead of concluding agreements through the Commission on Social Dialogue and the Future of Work, in which the three trade union confederations and all employers’ organizations are represented, has concluded agreements solely with one part of the representatives of workers and employers, thereby excluding important economic sectors. The Committee also notes that the CGT RA refers to the holding of tripartite meetings on 7 and 27 April 2020, in which agreement was reached on the establishment of a minimum for the wages of inactive workers. It adds that it is planned to establish a post pandemic committee of tripartite composition. The Committee also notes the information provided by the CGT RA concerning the meetings that it has held with, among other actors, various Government institutions, employers and organizations representing the popular economy on the subject of the effects of the crisis resulting from the pandemic and the measures that could be adopted. In relation to the COVID-19 pandemic, the Committee recalls the broad guidance provided by international labour standards. The Committee encourages member States to engage in tripartite consultation and broader social dialogue as a solid basis for the formulation and implementation of effective responses by the tripartite constituents to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Tripartism and social dialogue. The Committee notes the Government’s indication in its supplementary report that the period covered by both reports has been characterized by intense tripartite activity and social dialogue. In this respect, the Government reports the subjects covered by the meetings of the Standing Advisory Committee of the Occupational Risks Act (CCP-LRT) held in 2017 and 2018. The Government indicates that tripartite discussions were held in these meetings on the technical aspects of the Bill on occupational prevention and protection. In April 2019, the Commission on Social Dialogue and the Future of Work was created as a national tripartite body by Decision No. 225/2019. The Committee notes that the Commission on Social Dialogue and the Future of Work includes the permanent participation of a member of the ILO. The mandate of the Commission includes collaboration with the social partners to improve compliance with the ILO Conventions ratified by Argentina and analysis of current labour issues with a view to proposing reforms of the national legislation in relation to the Conventions. The Committee notes with interest the records of the meetings of the Commission on Social Dialogue and the Future of Work held in 2019, which were attached to the Government’s report, and in which it was agreed that discussions would be held in the Commission on three areas: standards, public policies and individual ILO cases, and any other issue relating to international labour standards. The Government adds that tripartite consultations were held on issues related to the implementation of various ILO Conventions on occupational safety and health and minimum wages. The Committee further notes that on 18 June 2020, Argentina was elected a member of the United Nations Economic and Social Council for the following three years. The Government also reports the adoption of measures, drawn up in collaboration with the social partners and the support of the Office, for the establishment of the Economic and Social Council as a national tripartite body for the exchange of views between the various social sectors. In this connection, the CGT RA indicates that a tripartite meeting was held on 15 July 2020 with the assistance of the Office, in which views and experiences were exchanged on the operation of economic and social councils in other countries. In this regard, the Committee notes that the UIA and the CGT RA place emphasis on the need to set up the Economic and Social Council to reach the necessary consensus to stimulate productivity growth and the creation of decent employment in light of the crisis caused by the COVID-19 pandemic. Finally, the Committee notes the reports provided by the Government with its supplementary report on the situation of collective bargaining in the country in 2019 and the list of the various collective labour agreements that have been registered by the administrative authorities in 2020. The Committee requests the Government to provide information on the tripartite consultations held within the framework of the Commission for Social Dialogue and the Future of Work in relation to the application of the Convention and their outcome. It also requests the Government to provide updated information on the situation with regard to the establishment and operation of the Economic and Social Council for Development, and on the composition and nature of the consultations held in the Council.

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 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 the social partners on the operation of the consultation procedures required by the Convention are taken into account. The Committee further requested the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards is still 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 indicates that the most representative organizations of workers and employers were consulted through these consultations on the items included on the agenda of the 106th, 107th and 108th Sessions of the Conference, and on the re-examination of unratifed Conventions and Recommendations. The annual list of reports that Argentina has to provide under article 22 of the ILO Constitution on the application of ratified Conventions was also presented to the social partners, who were invited to indicate their views in writing before 1 August of the corresponding year. However, the Committee observes that the Government has not indicated the manner in which the views expressed by the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account. Nor has the Government indicated whether the National Commission for Tripartite Consultation regarding International Labour Standards is still active. Finally, the Government indicates in its supplementary report that, between September 2019 and 2020, social dialogue and consultations continued to be held periodically on all matters relating to international labour standards through remote media. In particular, the Government indicates that, in the standards subcommittee of the Commission on Social Dialogue, tripartite consultations were held on issues relating to the supervisory system. It adds that it is planned to adopt measures to facilitate responses to the requirements of the supervisory system, such as the creation of links in each province. The UIA indicates that tripartite consultations were also held on the submission of instruments and the ILO Standards Review Mechanism (SRM). The Committee requests the Government to provide updated information on the content and outcome of the tripartite consultations held on all the 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 the representative organizations of workers and employers on the operation of the consultation procedures required by the Convention are taken into account. It also reiterates its request for the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards, referred to in previous reports, is still 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 as amended (No. 185). In this regard, the Committee notes the Government’s indication that it requested the views 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 concerning the submission of Convention No. 185. The Committee further 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 the National Congress. The Committee refers to its 2016 observation regarding the obligation of submission and once again requests the Government to provide information on the consultations held and the proposals made to the National Congress in relation to the submission of Convention No. 185.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2016, and of the Confederation of Workers of Argentina (CTA Workers), received on 6 September 2016. It also notes the Government’s reply to the observations made by the CGT RA on 2 September 2015, which were received on 18 April 2016. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Autonome), received on 1 September 2017. The Committee requests the Government to provide its comments in this regard.

Tripartism and social dialogue. The CGT RA observes that there was strong tripartite interaction during the period covered by the report. However, it indicates that the regularity and continuity of the consultation process may have been affected. The CGT RA expresses concern regarding the organization of specific tripartite dialogue for the implementation of the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The CGT RA and the CTA Workers also express concern with regard to the operation of the Standing Advisory Committee of the Occupational Risks Act (CCP–LRT). The Government indicates in its report that it will examine the convening of the CCP–LRT, once the reform of the occupational risks scheme has been determined with a view to increasing the effectiveness of the system and reducing the level of litigation, without prejudice to the continuation of the permanent dialogue that has been maintained with the various partners concerned. The Committee recalls that, although the sound functioning of tripartite cooperation in relation to international labour standards presupposes that it is supported by analogous dialogue at the national level, the principal objective of the tripartite consultations covered by the Convention is to promote the application of international labour standards, particularly with regard to the questions set out in the Article 5(1) of the Convention. It therefore refers to its comments in relation to Conventions Nos 155 and 187.

Articles 2 and 5 of the Convention. Adequate procedures. Effective tripartite consultations. The Government indicates that the most representative organizations of employers and workers were consulted with regard to the items included on the agenda of the Conference (at its 104th and 105th Sessions), and that four tripartite meetings were held between May 2015 and April 2016. The list of reports on the application of ratified Conventions was addressed at a meeting held in April 2016, with the most representative organizations of employers and workers being invited to indicate their views before 1 August 2016. The Committee requests the Government to continue providing updated 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 requests 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 are taken into account. It also requests the Government to indicate whether the National Commission for Tripartite Consultation regarding the Application of International Labour Standards, to which reference was made in previous reports, continues to be active and, if so, to provide information on its activities.

Article 5(1)(b). Tripartite consultations on the submission of instruments to the National Congress. The Government indicates that it sought the views of the social partners in relation to the submission of the Forced Labour (Supplementary Measures) Recommendation, 2014 (No. 203), and the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204). The Committee notes that the submission to the National Congress remains pending of the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and of Recommendation No. 204. The Committee refers to its 2016 observation on the obligation of submission and requests the Government to provide information on the consultations held regarding the proposals made to the National Congress in relation to the submission of Convention No. 185.

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

The Committee notes the observations made by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015, and the Government’s reply received on 11 November 2015.

Article 5 of the Convention. Effective tripartite consultations. The Committee noted the observations made by the CGT RA and the Confederation of Workers of Argentina (CTA) in 2014, expressing their concern at the lack of opportunities to hold tripartite consultations and at the functioning of the Standing Advisory Committee on the Occupational Hazards Act (CCP–LRT). The Government indicates in its report that it has been very active on each of the matters relating to international labour standards covered by the Convention. The Committee notes the records of the tripartite consultations on international labour standards held in 2015 and of the meetings that took place in December 2014 and in 2015 in the MERCOSUR Social and Labour Commission. The Government also indicates that the issues relating to occupational hazards, which were discussed at the 29 October 2012 meeting of the CCP–LRT, were addressed in standards issued between 2012 and 2014. The CGT RA reiterates in its 2015 observations that the CCP–LRT should meet on a regular basis. The Committee requests the Government to continue providing information on the tripartite consultations held on the matters relating to international labour standards set forth in the Convention.

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

The Committee notes the Government’s report received on 19 August 2014, and the observations from the Confederation of Workers of Argentina (CTA Workers), received on 25 August 2014, and from the General Confederation of Labour of the Republic of Argentina (CGT RA), received on 1 September 2014.

Article 5 of the Convention. Effective tripartite consultations. In reply to its 2013 direct request, the Government indicates that it provides premises for the holding of tripartite meetings, and also furnishes the necessary logistical support through its professional staff. The Committee notes the Government’s statement that the social partners have been invited to participate in various meetings and to give their views on the matters covered by Article 5(1) of the Convention. The Committee also notes with interest the records of proceedings of the meetings of the MERCOSUR Social and Labour Commission and the progress agreed to in November 2013 for the revision of the MERCOSUR Social and Labour Declaration. In its observations, the CTA Workers indicates that, although until 2010 it was regularly invited to participate in the meetings of the National Council for Employment, Productivity and the Adjustable Minimum Living Wage, it has no longer been invited to do so since 2010. The CTA Workers emphasizes that the Government continues to demonstrate a marked lack of interest in the implementation of the institutional machinery that ensures effective consultation and that, on the rare occasions that tripartite consultations are held covering matters relating to international labour standards, the appointment of the representatives of each of the social partners is at the discretion of the executive, which gives preference to organizations that are close to the Government. The CGT RA, while emphasizing that tripartite consultation is a constant and that tripartite social dialogue is fundamental and continuous, indicates that the Standing Advisory Committee on the Occupational Risks Act has not been convened for the past year and that no legislative action has yet been taken on certain important draft texts on which agreement was reached. The Committee invites the Government to continue providing information on the consultations held on the matters relating to international labour standards envisaged in Article 5(1) of the Convention. The Committee requests the Government to send its comments on the observations made by the CGT RA and the CTA Workers.

[The Government is asked to reply in detail to the present comments in 2015.]

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the statement in the Government’s report that the National Commission for Tripartite Consultation regarding the Application of International Labour Standards met several times in 2013. The Government indicates that these meetings were attended by representatives of various areas of Government, representatives of the employers (Argentine Industrial Union (UIA)) and representatives of the workers (General Confederation of Labour (CGT) and Confederation of Workers of Argentina (CTA)). The Committee recalls that in previous reports the Government sent information on tripartite consultations on the matters referred to by the Convention that were also held in the context of MERCOSUR. In a communication sent to the Government in September 2013, the CTA states that the forums for promoting dialogue and tripartite consultation are few in number and circumstantial. The authorities have not established any regular and ongoing mechanisms for dialogue as required by the Convention. The Committee invites the Government to include more detailed information on the consultations held on each of the matters referred to in Article 5(1) of the Convention. The Committee would be grateful if the Government would also include information on the tripartite consultations on international labour standards held in the context of MERCOSUR.

[The Government is asked to reply in detail to the present comments in 2014.]

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 2 and 5, paragraph 1, of the Convention. Strengthening social dialogue. In reply to the Committee’s 2005 observation, the Government has sent a report with documentary annexes which include information on the Tripartite Seminar for South American countries on the Maritime Labour Convention, 2006 (February 2007) and detailed reports of the tripartite meetings organized by the National Tripartite Consultative Committee to promote the application of international labour standards (July 2006, April–May 2007). The Committee also notes with interest the detailed reports of the meetings of the MERCOSUR Social and Labour Commission which resulted in the creation of the High-level Group on Employment. The Government points out that the consultations which take place within MERCOSUR are closely linked to national obligations deriving from the ratification of the international labour Conventions and their working methodology is based on social dialogue. The Committee asks the Government to continue providing information on the results of the tripartite consultations held by the National Committee and within the framework of MERCOSUR on matters relating to the international labour standards covered by the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Strengthening social dialogue. The Committee notes the Government’s detailed reply to its previous comments. The Government reports on the tripartite consultations held for the ratification of maritime Conventions and on other matters covered by the Convention. The consultations required by the Convention have been held in the context of the National Tripartite Consultative Committee, in which the Confederation of Argentinian Workers (CTA), the General Confederation of Labour (CGT) and the Industrial Union of Argentina (UIA) participate. In relation to ILO activities, the Government also refers to the initiatives taken with the social partners to promote decent work. The Committee notes further the full particulars provided on the tripartite activities carried out within the framework of the MERCOSUR Social and Labour Commission. The Committee trusts that detailed information will continue to be provided in future reports on the progress achieved by the Government and the social partners in pursuing effective tripartite consultations on the matters covered by the Convention (Articles 2 and 5 of the Convention).

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the attached detailed reports of the meetings held by the National Tripartite Consultative Committee to Promote the Application of International Labour Standards. It refers to its direct request of 2001 and would be grateful if the Government would continue to provide detailed information on the consultations held in the National Tripartite Consultative Committee on all the items set forth in Article 5, paragraph 1, of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. In reply to the previous direct request, the Government indicated in its report that the tripartite consultation framework provided in the Convention in order to seek agreements between the social actors in maritime activities is considered to be of fundamental importance. The Government provides information on the tripartite meetings which took place in May 2001 to analyse the draft presidential decree regulating merchant shipping and national and international river and sea transport. The Committee notes with interest the Government’s statement that significant progress has been made and the positions of the parties have come closer together, so that the possibility of obtaining consensus on the content of the future standard appears within reach. In this regard, bearing in mind the international maritime labour agreements in force for Argentina, the Committee refers to Article 5, paragraph 1(d), of the Convention and invites the Government to hold tripartite consultations to examine the possibility of ratifying the most up-to-date international maritime labour agreements such as the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), and its 1996 Protocol, along with the Recruitment and Placement of Seafarers Convention, 1996 (No. 179). In this respect, please see the observation made at the present meeting in relation to application of the Placing of Seamen Convention, 1920 (No. 9).

2. In general, the Committee would be grateful if the Government would supply more detailed information on the consultations that have been held on the other matters set out in Article 5, paragraph 1, of the Convention, and continue supplying the pertinent documents to allow the Committee to better appreciate the effect given to the provisions of the Convention in practice. Please also add information on the development of the tripartite consultations, relating to matters covered by the Convention, which have been held within the framework of MERCOSUR.

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

The Committee notes the Government's report covering the period up to June 1999. It takes note of the brief outline of the discussions within the March 1999 Tripartite Consultative Commission for the Promotion and Application of International Labour Standards. It would be grateful if the Government would supply in its next report more detailed information on the consultations which have taken place on the points covered by Article 5, paragraph 1, of the Convention and to continue to communicate copies of the minutes of the meeting of the Tripartite Consultative Commission cited above, to allow the Committee to appreciate more fully the effect given to the provisions of the Convention in practice.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report. It would be grateful if in its future reports the Government would include detailed information on the consultations held on each of the subjects listed in paragraph 1 of Article 5 of the Convention, and indicate the nature of the reports and recommendations resulting from the consultations.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the Government's first and second reports on the application of the Convention. It also notes Ministerial Decision No. 990 of 22 September 1990. It would be grateful if the Government would supply further information on the following points:

Article 3, paragraph 1, of the Convention. Please describe the manner in which the representatives of employers and workers called upon to participate in the work of the Tripartite Consultation Commission are chosen.

Article 4, paragraph 1. The Committee notes that, by virtue of section 4 of the above Decision of 22 September 1990, the secretariat of the Tripartite Consultation Commission is provided by the ILO Office in Buenos Aires, which also provides its technical assistance and undertakes the procedure of convening the representatives of employers and workers who are members of the Commission. It points out that by virtue of this provision of the Convention, "the competent authority shall assume responsibility for the administrative support" of the consultation procedure; this responsibility, as the Committee noted in its 1982 General Survey, clearly covers the financing involved in the consultation procedure. The Committee assumes that the above is an interim arrangement and hopes that the Government will rapidly be able to assume the responsibilities which are normally incumbent upon it, if necessary with the technical assistance of the ILO, and that it will bring its legislation into full conformity with the Convention.

Article 4, paragraph 2. Please describe any arrangements that have been made or are envisaged with the representative organisations for the financing of any necessary training of participants in the consultative procedures required by the Convention.

Article 5. Please give full particulars of the consultations held, during the period covered by the next report, on each of the matters set out in paragraph 1 of this Article, including information as to the frequency of such consultations, and indicate the nature of any reports or recommendations made as a result of the consultations.

Article 6. Finally, please supply information on the consultations that have taken place with the representative organisations on whether to issue an annual report on the working of the current consultation procedures.

Point V of the report form. Please also supply any information bearing on the practical application of the Convention, particularly as regards the point raised under Article 4, paragraph 1, of the Convention.