Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Argentina

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) (Ratification: 1950)
Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) (Ratification: 1950)
Social Security (Minimum Standards) Convention, 1952 (No. 102) (Ratification: 2016)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (worker’s compensation for accidents), 42 (occupational diseases) and 102 (minimum standards) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) and the Confederation of Workers of Argentina (CTA Autonomous), received on 29 August and 1 September 2025, respectively. The Committee requests the Government to provide its comments in this respect.

Article 5 of Convention No. 17. Payment of compensation in a lump sum. The Committee notes that, under section 14 of Act No. 24.557 of 1995 on occupational risks, permanent incapacities of less than 50 per cent will give rise to a lump sum payment, while those of 50 per cent or more will lead to a periodical payment. The Committee requests the Government to provide information on how the competent authorities are satisfied that a lump sum payment will be properly utilized in cases of permanent incapacities of less than 50 per cent, as required by the Convention.

Article 2 of Convention No. 42. Review of the national list of occupational diseases. Taking into account its previous comments, the Committee trusts that the Government will take the necessary measures to: (i) ensure that the list of clinical symptoms in the national list of occupational diseases is indicative and not restrictive; (ii) include the loading, unloading and transport of goods in general as an activity that may cause anthrax; and (iii) reducethe minimum exposure requirement for primary epitheliomas cancer of the skin to five years, in accordance with the findings of the World Health Organization.

Application in practice of Conventions Nos 17 and 42. Assessment of work-related injury by medical commissions. The Committee notes the information on the functioning and powers of medical commissions. The Committee notes the observations of the Autonomous CTA regarding the impossibility of complying with the deadline for the payment of benefits, provided for in Article 6 of Convention No. 17, in cases where the occupational risk insurer does not recognize the occupational origin of the condition reported by the worker, due to the mandatory administrative adversarial proceedings before medical commissions. The Committee requests the Government to provide information, with regard to the receipt of benefits, on the situation in which a worker remains while the proceedings before the medical commission are under way following the occupational risk insurer’s refusal to recognize the occupational origin of the injuries suffered.

Article 65(10), in conjunction with Article 71(3), of Convention No. 102. Adjustment of pensions. The Committee notes with interest the publication of Decree No. 274/2024 of 22 March 2024 approving the new pension adjustment formula, the preamble of which refers directly to Convention No. 102 and to the need to adjust the amount of periodic payments for long-term benefits. The Committee observes that this formula establishes that the main benefits of the public pension scheme will be updated on a monthly basis, in accordance with changes in the Consumer Price Index. Lastly, the Committee observes that under no circumstances may the use of this index result in a reduction in a beneficiary’s income. While welcoming the approval of the new pension adjustment formula, the Committee requests the Government to provide information on the economic and actuarial studies to measure the impact of the implementation of the adjustment formula on the financial sustainability of the system.

Article 71 of Convention No. 102. Collective financing and general responsibility of the State for the due provision of benefits. The Committee notes that, following the entry into force of Act No. 27.541 on social solidarity and productive reactivation in December 2019, the gradual deduction scheme has been substantially modified. In order to assess compliance with the requirements set by the Convention, the Committee requests the Government to provide, in the way established in the report form, data on the total of the insurance contributions borne by the employees protected, for each part of the Convention accepted, calculated as a percentage of the total of the financial resources allocated to the protection of employees and their spouses and children, including any information on the economic impact on the financial sustainability of the system of the new deduction scheme.

The Committee recalls that the ILO Governing Body, at its 346th Session (October–November 2022), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Conventions Nos 17 and 42 as outdated instruments, and placed an item on their abrogation or withdrawal on the agenda of the 121st Session of the International Labour Conference (2033).

The Governing Body requested the Office to take follow-up action to actively encourage the ratification of up-to-date instruments, including Convention No. 102 on social security (minimum standards), accepting its Part VI, and Convention No. 121 on employment injury benefits. The Committee therefore encourages the Government to consider ratifying the most up-to-date instruments in this subject area and reminds it of the possibility to avail itself of the technical assistance of the Office in this regard.