Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Argentina

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1955)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1985)

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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) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on the application of Conventions Nos 81 and 129, received in 2018 and 2022. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Workers) on the application of Convention No. 81, received in 2021.

The Committee further notes the Government’s reply to the observations of the Association of State Workers (ATE) and the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) on Convention No. 81, received in 2017.

Representation made under article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 349th Session, declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP), alleging non-observance by Argentina of Convention No. 81, the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee observes that the allegations contained in the representation refer to the application of Articles 3 and 9 of Convention No. 81. In accordance with its usual practice, the Committee has decided to suspend the examination of these issues until the Governing Body adopts its report on the representation.

Articles 16, 18 and 24 of Convention No. 81 and Articles 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. With regard to its previous comment on activities and inspections carried out in relation to conditions of work and the penalties imposed, the Committee notes that the Government provides information in its report on the various activities carried out by the labour inspectorate since 2018, including activities in the context of the National Plan for the Regularization of Labour (PNRT). In particular, the Government indicates that, between January 2019 and June 2022, a total of 224,707 inspections were conducted in urban areas and 4,731 in rural areas in the context of the PNRT, and a total of 15,159 penalties were imposed for violations of the labour regulations. The Committee also notes that, according to the Government, the National Labour Inspection Directorate at the Ministry of Labour, Employment and Social Security (Ministry of Labour) plays an important role in the implementation of actions in the context of the prevention and prosecution components of the National Biennial Plan 2020–22 on Combating Trafficking in Persons. Moreover, the Committee observes the Government’s indication that, in the context of activities to detect evidence of labour exploitation, inspectors must take account of issues of safety and health and conditions of work during inspections in order to detect evidence of labour exploitation.

The Committee observes that although statistics are provided on activities under various plans, there are still no full statistics on inspections carried out by the Integrated Labour and Social Security Inspection System, established by the Act No. 25877 of 2004, and also none on infringements detected and penalties imposed in relation to conditions of work and the protection of workers while engaged in their work. Moreover, the Committee notes that, according to the observations of the CTA Workers, Bill No. 1381/18 provides that employers who have used unregistered or incompletely registered workers can regularize the situation of such workers, with all resulting fines or sanctions waived. In addition, the CGT RA considers that the system of penalties and measures to promote spontaneous regularization, reduce employer contributions or increase the number of inspections are inadequate. Also referring to its comment below on annual inspection reports, the Committee therefore requests the Government to provide more information on the number and nature of activities and inspections carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women). Furthermore, the Committee requests the Government to indicate whether Bill No. 1381/18 has been adopted, and to take steps to strengthen the system of penalties. The Committee also requests the Government to provide information on the number and nature of violations found, penalties imposed and any court rulings in this regard.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. With regard to its previous comment on the stability system and the contract system for staff under Framework Act No. 25164 of 1999 on the regulation of national public employment (Act No. 25164), the Committee notes the Government’s indication that the Occupational Risk Supervisory Authority (SRT) at the Ministry of Labour employs 100 inspectors on contracts of unlimited duration and 28 inspectors on automatically renewable one-year fixed-term contracts. The Committee also notes that, according to the Government’s reply to the observations of the ATE and CLATE, an analysis of the procedure for incorporating public employees and the need for such was required in 2016, owing to an unusually high number of competitions launched and the large number of temporary contracts concluded during the previous administration, an analysis which revealed many instances of failure to comply with procedures. The Government also indicates that some staff who were recruited on temporary contracts who did not have their contracts renewed in 2016 were subsequently incorporated under the procedure established by section 9 of Act No. 25164 (contract system).

The Committee notes that under section 156 of the General Collective Employment Agreement for the National Public Administration, non-permanent staff of decentralized authorities and entities shall not exceed 15 per cent of the permanent staff under the terms of the second paragraph of section 9 of the Annex to Act No. 25164. Furthermore, the Committee notes that the CGT-RA refers in its observations to the existence of frequent cases of precarious employment in the inspection corps. In this regard, the Committee recalls once again that, according to Article 6 of Convention No. 81 and Article 8 of Convention No. 129, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee therefore requests the Government to take the necessary steps to ensure that all labour inspectors are public officials, and the stability of their employment is ensured. Noting that this information is not available to inspectors outside the SRT, the Committee requests the Government to indicate the type of employment relationship occupied by all federal and provincial inspectors, disaggregating the number of inspectors under the stability system and the number under the contract system.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. With regard to its previous comments, the Committee notes the reports of the National Labour Directorate and the National Register of Rural Workers and Employers for the 2019–22 period. However, the Committee once again observes that it has not received the annual inspection report. The Committee once again urges the Government to take rapid steps to ensure that the central inspection authority publishes an annual general report on the work of the labour inspection services under its control (Article 20 of Convention No. 81 and Article 26 of Convention No. 129), covering each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

The Committee is raising other matters in a request addressed directly to the Government.