Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Convention (n° 3) sur la protection de la maternité, 1919 - Argentine (Ratification: 1933)

Article 3(c) of the Convention. 1. In its previous comments, the Committee asks the Government to provide information on the nature of the care ensured by the Obras Sociales to women workers during their maternity leave and the conditions in which such care is provided. In response, the Government indicates in its report that, under section 4 of Act No. 23.660 on the scheme applying to Obras Sociales, the Obras Sociales must, whatever their nature, submit annually to the Health Insurance Administration the programme of medical care benefits which they provide to their beneficiaries. The Committee takes note of this information. It recalls that, according to this provision of the Convention, women employed in industrial undertakings, whether public or private, are entitled to free care from a doctor or midwife. The Government is asked to indicate whether, and under which provisions, the Obras Sociales are required to provide free medical care to all women workers falling within the scope of the Convention, in accordance with Article 3(c). Please indicate whether the Health Insurance Administration has a supervisory role in this regard. Please also send copies of any relevant legislative, regulatory or administrative provisions.

2. The Committee notes that, according to the Government, as soon as the women worker informs her employer that she is pregnant, she is eligible for all the protective measures established for pregnant women by Act No. 20.744 on labour contracts, whether she is on probation or has completed three months’ service. The Committee notes that the rights laid down for pregnant women by section 177 of the above Act include entitlement during maternity leave to the cash benefits granted by the social security system. From the foregoing, the Committee understands that once the woman worker has informed the employer of her pregnancy, she is entitled to cash benefits throughout the maternity leave, regardless of how long she has been in the job. The Government is asked to provide information on this matter.

Article 4. In reply to the Committee’s earlier comments, the Government again refers to section 177 of Act No. 20.744 on labour contracts, which guarantees stability of employment for women workers from the time when they notify pregnancy to their employer. Furthermore, under section 178 of the same Act, any termination of employment during the seven-and-a-half months preceding or following confinement will be presumed to be on grounds of maternity unless the employer proves that the termination was for another reason. In the absence of such proof, the woman worker shall receive compensation for unjustified dismissal and a special allowance for maternity equal to one year’s salary. The Committee is aware that the abovementioned Act provides for a longer period of protection than the one laid down in the Convention and affords a number of guarantees against improper dismissal of workers during pregnancy and following confinement. However, these provisions are not sufficient, on their own, to ensure that full effect is given to this provision of the Convention. Article 4 of the Convention prohibits employers from giving notice of dismissal while the woman worker is absent on maternity leave or at a time that the notice would expire during such absence; it does not allow dismissal in certain specific or exceptional circumstances for reasons which the national legislation deems to be legitimate. That being so, the Committee hopes that the Government will be able to reconsider this matter and requests it to indicate in its next report any progress made to ensure that better effect is given to this provision of the Convention.