Effect given to the recommendations of the committee and the Governing Body - Report No 396, October 2021

Case No 2870 (Argentina) - Complaint date: 08-JUN-11 - Closed

Effect given to the recommendations of the committee and the Governing Body

1. 17. The Committee last examined this case, submitted in June 2011, at its June 2015 meeting [see 375th Report, paras 15 to 21]. The Committee recalls that this case relates to obstacles and a delay of several years in the processing of an application for trade union status by the Federation of Energy Workers of the Argentine Republic (FETERA) filed with the labour administrative authority. In the last examination of the case, the Committee strongly urged the Government to take the necessary measures without delay so that: (a) the trade union status for which FETERA has been applying for over 14 years is awarded; and (b) in consultation with the social partners, all the provisions of the Act on Trade Union Associations (No. 23551), which do not conform to the principles of freedom of association are amended as recommended by the ILO supervisory bodies. The Committee requested the Government to keep it informed in this regard.
2. 18. In their communications of 23 March 2017 and 29 May 2018, the complainant organizations, the Confederation of Workers of Argentina and FETERA, indicate that: (i) without prejudice to the Committee's recommendations and the statements made by the Committee of Experts on the Application of Conventions and Recommendations concerning the granting of trade union status to FETERA, more than 16 years have passed without the Ministry of Labour taking a decision in that regard; (ii) since the Ministry of Labour failed to act, in November 2015, an appeal was lodged with the National Labour Appeals Chamber (Case No. 66541/15); (iii) on 27 June 2017, the Chamber granted the appeal and ordered the Ministry of Labour to award trade union status to FETERA; (iv) on 9 April 2018, the Chamber rejected the extraordinary appeals lodged by the Ministry of Labour and the Federation of Electricity and Energy Workers (which had acted as a third party); and (v) on 19 April 2018, the Chamber submitted the decision to the National Directorate of Trade Union Associations.
3. 19. In a communication of 30 September 2021, FETERA indicates that, more than 21 years since the proceedings were instituted and in accordance with the resolution of the Labour Appeals Chamber, on 20 September 2021, Ministry of Labour resolution No. 566/2021 was published in the Official Gazette, providing for the granting of trade union status to FETERA. FETERA emphasizes the enormous and important work done by the ILO supervisory bodies in an attempt to guarantee the right to freedom of association and the effective operation of the system so that, finally, FETERA achieves recognition through greater representation within the framework of Argentinian laws.
4. 20. In its communication of 24 May 2017, the Government indicates that the proceedings that were in progress before the National Labour Appeals Chamber (Case No. 66541/15) had not been finalized. The Government attached a summary of the proceedings that had taken place within that case.
5. 21. In its communication of 21 September 2021, the Government states that on 20 September 2021, the Ministry of Labour, Employment and Social Security granted trade union status to FETERA.
6. 22. The Committee recalls that FETERA requested trade union status in 2000. It also recalls that it first examined this case in 2012 and, on that occasion, recalled that delays in a registration procedure represent a serious obstacle to organizations being established and are equivalent to refusing workers the right to set up organizations without prior authorization.
7. 23. The Committee notes that, according to the statements made by the complainant organizations, on 27 June 2017, the National Labour Appeals Chamber ordered the Ministry of Labour to grant trade union status to FETERA. It also notes that, according to both FETERA and the Government, on 20 September 2021, the Ministry of Labour granted trade union status to FETERA. The Committee notes this information with satisfaction and expresses the firm hope that this precedent will contribute significantly to improving the functioning of the procedures for granting trade union status.
8. 24. The Committee brings the legislative aspects of this case, i.e. those relating to the Act on Trade Union Associations, No. 23.551, to the attention of the Committee of Experts on the Application of Conventions and Recommendations, and considers that the case is closed and will not continue with its examination.