Observation (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Argentine (Ratification: 1936)

The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the United Maritime Workers' Union (SOMU), received on 2 December 1994 and transmitted to the Government by a letter of 20 December 1994. The Committee observes that SOMU continues to allege that the adoption of Decrees Nos. 1772/91, 817/92 and 1493/92 adversely affect workers in the maritime and related sectors. The Committee further notes that SOMU has recently informed the Office by correspondence dated 5 January 1995, that certain provisions of Decree No. 817/92 which effectively abolish the right to collectively bargain conditions of work, including the right to weekly rest, have been declared unconstitutional. In light of this information, the Committee refers to the previous observations made by SOMU in April 1993 and communicated to the Government for comment in May 1993, indicating that Decrees Nos. 1772/91, 817/92 and 1493/92 annulled almost all the collective agreements which had been in force in the maritime and related sectors. In reply to those observations, the Government states in its report for the period ending 30 June 1994, that the application of the Convention to any of the undertakings listed in Article 1, paragraph 1, of the Convention, has in no way been affected.

The Committee would be grateful if the Government would further elaborate, in its next report, how the annulment of collective agreements by virtue of Decrees Nos. 1772/91, 817/92 and 1493/92 has not affected the application of the Convention to any of the undertakings listed in Article 1, paragraph 1. It also would appreciate comments, in particular, from the Government on SOMU's recent observations concerning the unconstitutionality of Decree No. 817/92.

The Government is asked to report in detail in 1996.