All Comments

In Argentina, labour inspection is a function that is not delegated to the nation by the provinces or the Autonomous City of Buenos Aires, which retain exclusive competence to inspect compliance with labour legislation and safety and health conditions. Federal competence for inspection is exceptional and relates to the transport of passengers, loads and river, maritime and lake activities, ports and airports.

Within this framework of the division of competence, Act No. 25.212 endorses the Federal Labour Pact concluded by the national State, the provinces and the Autonomous City of Buenos Aires, and its objectives are: the unification of labour inspection criteria and the system of penalties for labour violations throughout the country.

Act No. 25.877 established the Comprehensive Labour and Social Security Inspection System (SIDITYSS) for the supervision and inspection of compliance with labour and social security provisions throughout the national territory.

In light of the above, the Government considers that the quantitative analysis of the numbers of inspectors should be undertaken adding together the number of inspectors of the national administration, local jurisdictions and non-State public bodies with delegated inspection functions. The national public administration accordingly has a service with dependent labour inspectors consisting of: the Secretariat of Labour, Employment and Social Security (STEySS), the Occupational Risk Supervisory Authority (SRT) and the Customs Collection and Supervisory Agency (ARCA).

Each of the provinces and the Autonomous City of Buenos Aires in turn have their own labour inspection services.

In addition, the inspectors must be included of non-State public bodies: the National Register of Rural Workers and Employers (RENATRE) and the Statistical and Registry Institute for the Construction Industry (IERIC).

As a result, the total number of inspectors is sufficient and effective under the terms of Convention No. 81.

In Argentina, the labour inspection system ensures the presence of a central authority in a federal system

In Argentina, there is a central authority (the Ministry of Human Capital – STEySS) which coordinates and sets common policies for the country as a whole within a framework of co-responsibility and cooperation (Act No. 25.212). Similarly, the STEySS, as the central authority, includes the Federal Labour Council (CFT), a body that ensures the greatest effectiveness of Government action in the various jurisdictions, as established by Act No. 25.212.

Moreover, the National Plan for the Regularization of Labour (PNRT) remains in force under the joint management of the national and provincial governments and the Autonomous City of Buenos Aires. Under the terms of Act No. 25.212, the STEySS is the authority responsible for the application of the SIDITYSS and exercises its functions in articulation with the provincial administrations and the Autonomous City of Buenos Aires.

In Argentina, labour inspectors are provided with means of transport and mobility allowances

In this respect, it is important to emphasize that all inspectors are in receipt of the monthly mobility allowance, which is intended to cover journeys on public transport required to carry out their daily functions.

It is also the case that, in the event that they have to travel over 50km from their workplace (the premises of regional agencies), service commissions are provided to inspectors consisting of a sum of money so that they can cover the necessary expenses for the discharge of their duties, including accommodation if they have to stay overnight in other cities.

Both the central headquarters and the regional agencies of the STEySS have means of transport available.

Information requested on the number of inspectors with tenure and the number employed on contracts at the federal level

The number of inspectors at the federal level is 316, of whom 263 have tenure and 53 are under contract (the total of inspectors in the provincial administrations and the Autonomous City of Buenos Aires). In addition, the SRT has a total of 100 inspectors under permanent contracts and 20 under fixed-term contracts for one year with automatic renewal (Act No. 20.744).

Measures taken to ensure penalties for unregistered work

In this regard, in relation to the comment relating to the regulations repealed by Act No. 27.742 providing for financial consequences for employers for failure to comply with labour regulations, it should be noted that in essence they constituted a double burden, as employers were responsible for the same failure of compliance with Act No. 25.212. However, as the comment covered by the above response bears no relation to the matters set out in Convention No. 81, it is requested that it is not taken into account.

Below, information is provided on the General System of Penalties for Labour Violations (REGESIL), which are applicable throughout the national territory (Act No. 25.212):

Types	Offences	Level of fines
Light	Formal or administrative violations	Between 25 and 150 per cent of the minimum mobile living wage (SMVM)
Serious	Acts or omissions which result in failure to comply with occupational safety and health requirements	Between 30 and 200 per cent of the SMVM for each worker
Very serious	Acts or omissions which may result in serious or imminent risks to the health of workers, discrimination, acts contrary to intimacy and dignity	Between 50 and 2000 per cent of the SMVM for each worker affected
Obstruction	Conduct which impedes, disturbs or delays the work of the inspector	Between 100 and 5000 per cent of the SMVM

The Public Register of Employers with Labour Penalties (REPSAL) – Act No. 26.940:

The Register publishes final penalties for unregistered work imposed by the STEySS, ARCA, provincial authorities and the Autonomous City of Buenos Aires, the RENATRE and the SRT, as well as penalties for the obstruction of labour inspection, court sentences for labour relations not recognized by the employer, penalties for violations of the prohibition of child labour and the protection of young workers, and penalties for violations of the Act on the prevention and punishment of the trafficking of persons and assistance to victims (penalty: prohibition of access to State programmes, benefits and subsidies, credit from public financial institutions and participation in tendering for public works or services).

There are sufficient numbers of inspectors in agriculture, combined under all inspection systems (national, provincial and the RENATRE)

There are a total of 316 federal inspectors, who discharge functions within the framework of the PNRT with full federal competence, but also carry out inspections in the agricultural sector (including provincial inspectors and those of the RENATRE).

The Committee notes that unregistered work is largely prevalent in rural areas

Argentina is continuing to implement the PNRT at the national level, with joint action being taken with the RENATRE, denunciations being received and action carried out to detect workers who are not registered and their inclusion in the dependent staff.

The Committee notes persistent rural child labour, labour exploitation and trafficking and inhumane conditions

Within the context of the STEySS RENATRE Coordination Committee, the presence of children and situations of labour exploitation have been detected, and denunciations have been made so that the judicial system could intervene. The result of the work of the Coordination Committee was to improve the focus on the detection of violations.

Coordination between national and provincial bodies and the RENATRE. Cooperation agreement

In 2019, a cooperation agreement was concluded between the then Government Secretariat for Labour and Employment and the RENATRE to strengthen inspection and promote decent work in the agricultural sector, thereby avoiding the duplication of effort and enabling resources to be used by both bodies. Subsequently, in 2020, the then Secretariat of Labour of the former Ministry of Labour, Employment and Social Security and the RENATRE concluded a supplementary agreement. On the basis of these agreements, articulated and planned working methods were consolidated for the two bodies.

The principal indicators of the Coordination Committee are set out below:

Year	Establishments inspected	Establishments with violations	Percentage of establishments with violations	Workers inspected	Workers without prior registration (CAT)	Percentage of workers without prior registration (CAT)	Inspections where child labour/work by young persons detected	Inspections where work by young persons detected
2024	134	93	69.4	1 399	485	34.7	2	3
2025	133	106	79.7	1 704	1 092	64.1	3	14
2026	59	44	74.6	1 397	759	54.3	1	4
Total general	326	243	74.5	4 500	6 750	150.0	6	21

Year	Number of children detected	Number of young persons detected	Cases of labour exploitation
2024	2	3	13
2025	2	14	17
2026	0	4	1
Total general	4	21	31

Data as of 8 May 2026 –Own source CPO

Public expenditure austerity policies do not affect the continuity and strengthening of inspection services

Public expenditure austerity policies have not affected the labour inspection or rural inspection services, as the implementation of the PNRT is continuing, with a total of 173,233 inspections in 2025 at the national level. It is also reiterated that joint action is continuing with the RENATRE.

B. Labour administration

In this regard, it is important to clarify that Argentina was experiencing a deep-rooted crisis and it was vital to adopt measures to overcome the emergency. The administrative reorganization of Act No. 27.742 therefore seeks to reduce the oversized State in order to achieve optimum resource allocation.

Particular considerations:

Criterion of “availability”: it should be noted that this concept was already envisaged by Act No. 25.742. The administrative career system has been retained to ensure the professional nature of the service.
Labour inclusion policies: STEySS Decision No. 295/26 (B.O. 13/04/26) established the Human Capital Training Programme. In addition, the Promoting Employment, Self-employment Programme (PEI), Interharvest and Good Harvest programmes are continuing.

The Labour Modernization Act No. 27.802 established the Labour Formalization Incentive System (RIFL), the objective of which is to promote the recruitment in the private sector of workers who did not have a registered employment relationship as of 10 December 2025 and the Labour Assistance Fund (FAL) as a financial tool to improve the compensation system.

Platform economy: Argentina has taken a pioneering role in its regulation and Act No. 27.802 established the personal mobility and/or sharing system for private services to ensure the protection and independence of the workers.
Minimum Mobile Living Wage Council: in accordance with the procedure established by section 137 of Act No. 24.013, Decision No. 9 of 2 December 2025 was adopted establishing the SMVM as a progressive measure until the month of August 2026.
Approval of agreements: contrary to the indication in the report, the administrative authority is in compliance with the statutory time limits, carries out exhaustive checks and requests the relevant clarifications. In this process, the time limit is calculated from the date of submission to the competent authority once the requirements have been fulfilled (section 6 of Act No. 23.546).
Social dialogue: sectoral bargaining, dynamic wages, task completion supplements, tax concessions, agreements to derogate from collective labour agreements, adjustment of working hours, the conclusion of crisis collective agreements, etc., are collective bargaining tools through which framework agreements have been concluded (Decree No. 633/18).

Indeed, emphasis should be placed on a historical milestone in agricultural collective bargaining on 13 May 2025 when the first collective agreement was concluded for rural workers (Act No. 27.802).

C. Conclusion

The nation is currently undergoing a process of reform, and the Government undertakes to analyse its consequences and request technical assistance from the Office to evaluate the operation of the labour inspection system at the federal, and particularly the provincial level. Moreover, although the Government of Argentina undertakes to keep the Committee informed on all the matters raised in its report, it should be emphasized that the comments made do not constitute serious failures of compliance. For this reason, it is respectfully requested that other means be chosen to resolve the matters raised.

Discussion by the Committee

Chairperson – We now go on to the fourth case today, which relates to the application of Conventions Nos 81, 129 and 150 by the Republic of Argentina. We have 30 speakers on the list for the discussion of this case. On this basis, the Officers have decided to reduce the maximum speaking time of delegations speaking on an individual basis from five to three minutes. I now invite the Government representative of Argentina, the Ambassador and Permanent Representative of Argentina to the International Organizations in Geneva, to take the floor.

Government representative – It is an honour for me today to address this Committee as the representative of the Government of Argentina to report and defend our position in relation to the implementation of Conventions Nos 81, 129 and 150. The Government of Argentina values the comments made by the Committee of Experts and also the concerns expressed by the General Confederation of Labour of the Argentine Republic (CGT), the Association of State Workers (ATE), the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) and the Confederation of Workers of Argentina (CTA). I will now describe our action and responses to the matters raised.

With reference to the subject of labour inspection, the Government of Argentina considers that the number of inspectors is sufficient and guarantees the effective discharge of their duties. In Argentina, labour inspection is a function that is not delegated to the nation by the provinces or the Autonomous City of Buenos Aires, which retain exclusive competence to inspect compliance with labour legislation and safety and health conditions. Federal competence for inspection is exceptional and relates to the transport of passengers, loads and river, maritime and lake activities, ports and airports. Within this framework of the division of competence, Act No. 25.212 endorses the Federal Labour Pact concluded by the national State, the provinces and the Autonomous City of Buenos Aires, and its objectives are the unification of labour inspection criteria and the system of penalties for labour violations throughout the country.

In light of the above, the Government of Argentina considers that the quantitative analysis of the numbers of inspectors should be undertaken adding together the number of inspectors of the national administration, local jurisdictions and non-State public bodies with delegated inspection functions.

The national public administration accordingly has a service with dependent labour inspectors consisting of the STEySS, SRT and ARCA. Each of the provinces and the Autonomous City of Buenos Aires in turn have their own labour inspection services.

It is important to add that, in Argentina, in addition to the whole system of inspection described above, consisting of the services of each province, the Autonomous City of Buenos Aires and federal services, there are non-State public bodies which perform inspection duties, and which therefore have additional inspectors of their own for inspection duties. These include the Statistical and Registry Institute for the Construction Industry (IERIC), which was established in 1996 within the framework of collective negotiation between the Construction Workers’ Federation of the Argentine Republic (UOCRA), the Argentina Chamber of Construction (CAMARCO) and the Argentina Construction Federation (UAC). The IERIC currently carries out inspection, among other functions.

The National Register of Rural Workers and Employers (RENATRE) is a non-State public law peak body. Employers and workers covered by Act No. 25.191 are required to register with it and it also carries out inspection functions. The executive of the RENATRE is composed of four directors of the Argentine Federation of Rural Workers and Stevedores (UATRE) and four directors representing the most representative employers’ organizations in the sector: the Argentine Rural Association (SRA), Argentine Rural Confederation (CRA), the Argentine Agrarian Federation (FAA) and the Inter-cooperative Agricultural and Stock-raising Confederation (CONINAGRO).

Accordingly, with regard to the number of inspectors engaged in inspection functions in Argentina, it has to be concluded that it is sufficient and effective under the terms of Convention No. 81.

Second, in Argentina, the labour inspection system ensures the presence of a central authority in a federal system. In practice, the Government of Argentina ensures the central authority: the Secretariat of Labour, Employment and Social Security, under the authority of the Ministry of Human Capital, coordinates and sets common policies for the country as a whole within the framework of co-responsibility and cooperation (Act No. 25.212). Similarly, it should be added that, as the central authority, the STEySS is the headquarters of the Federal Labour Council (CFT), a body that ensures the greatest effectiveness of Government action in the various jurisdictions, as established by Act No. 25.212. Moreover, the National Plan for the Regularization of Labour (PNRT) is under the joint management of the national and provincial governments and the Autonomous City of Buenos Aires. Under the terms of Act No. 25.212, the STEySS is also the authority responsible for the application of the SIDITYSS and exercises its functions in articulation with the provincial administrations and the Autonomous City of Buenos Aires.

Third, In Argentina, labour inspectors are provided with means of transport and mobility allowances. In this respect, it is important to emphasize that all inspectors are in receipt of the monthly mobility allowance, which is intended to cover journeys on public transport required to carry out their daily functions. It is also established that, in the event that they have to travel over 50km from their workplace (the premises of regional agencies), service commissions are provided to inspectors consisting of a sum of money so that they can cover the necessary expenses for the discharge of their duties, including accommodation if they have to stay overnight in other cities. Both the central headquarters and the regional agencies of the STEySS have means of transport available.

Fourth, in relation to the information requested on the number of inspectors with tenure and the number employed on contracts at the federal level, the number of inspectors at the federal level is 316, of whom 263 have tenure and 53 are under contract. To this number, it is necessary to add the inspectors in the provincial administrations and the Autonomous City of Buenos Aires. In addition, the SRT has a total of 100 inspectors under permanent contracts and 20 under fixed-term contracts for one year with automatic renewal (Act No. 20.744).

Fifth, with regard to the measures taken to ensure penalties for unregistered work, in relation to the comment concerning the regulations repealed by Act No. 27.742 (Act on the basis and starting points for the freedom of Argentineans), which established financial penalties for employers for failure to comply with labour regulations, it should be noted that in essence they constituted a double burden, as employers were responsible for the same failure to comply with Act No. 25.212 (the “Federal Labour Pact”). However, as the comment covered by the above response bears no relation to the matters set out in Convention No. 81, it is requested that it is not taken into account.

With reference to the penalties adopted by the Government of Argentina, in the additional information provided by the Government, published on the web page of the Committee, there is a table describing the General System of Penalties for Labour Violations (REGESIL), which are applicable throughout the national territory (Act No. 25.212).

The table summarizes the system of labour violations set out in Argentine law, classifying them into four categories: light, serious, very serious and obstruction of labour inspection. The coverage of the penalties ranges from merely formal or administrative violations to conduct affecting the fundamental rights of workers, such as the absence of labour registration, situations of discrimination or serious occupational safety and health risks. The fines are determined in relation to the minimum mobile living wage (SMVM) and increase progressively on the basis of the category of violation and the likelihood of repeat offences, and may also give rise to additional sanctions, such as the temporary closure of the establishment, prohibition from entering into contracts with the State or inclusion on the Public Register of Employers with Labour Penalties (REPSAL).

For example, within the context of its competence to impose penalties, the Government of Argentina established the REPSAL, a public register which includes employers that have been penalized for labour violations, such as unregistered work or labour fraud. In the REPSAL, the final penalties are published for undeclared work, as well as penalties for obstructing labour inspection, judicial convictions for employment relations that are not recognized by the employer, penalties for violations of the prohibition of child labour and the protection of young workers, and penalties for violations of the Act on the prevention and punishment of trafficking in persons and assistance to victims. The list is updated on a daily basis. It includes employers that are currently covered by final penalties issued due to violations that have not been remedied, or if they have been remedied, remain in the Register for a period of between 30 days and three years, according to the violation, the date when the violation is remedied, the fine paid and the date of publication.

The publication of the penalty in the REPSAL implies for employers that have been penalized, while they remain on the register, that they are not able to: have access to programmes, assistance or development measures, benefits or subsidies administered, implemented or financed by the national State; benefit from credit granted by public banking institutions; conclude contracts for purchases and sales, supplies, services, rentals, consultancies, rentals with the option to buy, exchange deals, concessions for the use of public and private property of the national State, administered by the jurisdictions and bodies within their competence; participate in tendering processes for public works, public services and concessions, or benefit from the economic measures to promote tenders set out in Act No. 26.940.

If offenders repeat offences, they are excluded by law from the simplified system for small-scale contributors, in the case of single contributors, or offending employers are prohibited from deducting personnel costs from taxes on earnings (section 87(a) and (g) of the Act on taxation on earnings).

Sixth, it is considered that the numbers of inspectors in agriculture are sufficient, combined under all inspection systems (national, provincial and the RENATRE). There are a total of 316 federal inspectors, who discharge functions within the framework of the PNRT with full federal competence, but also carry out inspections in the agricultural sector (as well as provincial inspectors and those of the RENATRE).

Seventh, the Committee notes that unregistered work is largely prevalent in rural areas. Argentina is continuing to implement the PNRT at the national level, with joint action being taken with the RENATRE, and denunciations are received and action carried out to detect workers who are not registered and for their inclusion in the dependent staff.

Eighth, in relation to joint work with the RENATRE to combat child labour, exploitation and labour trafficking, within the context of the STEySS RENATRE Coordination Committee, the presence of children and situations of labour exploitation have been detected, and denunciations have been made so that the judicial system could intervene. The result of the work of the Coordination Committee was to improve the focus on the detection of violations.

Ninth, with regard to the coordination between national and provincial institutions and the RENATRE, in 2019, a cooperation agreement was concluded between the then Government Secretariat for Labour and Employment and the RENATRE to strengthen inspection and promote decent work in the agricultural sector, thereby avoiding the duplication of effort and enabling resources to be used by both bodies. Subsequently, in 2020, the then Secretariat of Labour of the former Ministry of Labour, Employment and Social Security and the RENATRE concluded a supplementary agreement. On the basis of these agreements, coordinated and planned working methods were consolidated for the two bodies. The proposal, developed over six weeks with the ILO, was intended for provincial officials and actors related to the rural environment. It should also be noted that, on 15 May 2026, the RENATRE finalized the sixth cycle of online training on the prevention of child labour and the protection of young workers in the agricultural sector. The training provided tools for the understanding of social contexts and legislative frameworks, such as the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), through which situations of child labour, unprotected work by young persons and other forms of labour exploitation in the agricultural sector can be identified and addressed. In the additional information that the Government has provided to the Committee, there is a table setting out the principal indicators of the Coordination Committee, which may be of interest.

Tenth, public expenditure austerity policies do not affect the continuity and strengthening of inspection services. These policies have not affected the labour inspection or rural inspection services, as the implementation of the PNRT is continuing, with a total of 173,233 inspections in 2025 at the national level. It is also reiterated that joint action is continuing with the RENATRE.

In relation to the subject of labour administration, allow me to start on this matter by recalling that in December 2023 Argentina was experiencing a deep-rooted crisis and it was vital to adopt measures to overcome the emergency. These measures included the administrative reorganization of Act No. 27.742 (Act on the basis and starting points for the freedom of Argentineans), which seeks to reduce the oversized State in order to achieve optimum resource allocation.

I will now make a number of specific comments.

For example, in relation to labour inclusion policies: STEySS Decision No. 295/26 (B.O. 13/04/26) established the Human Capital Training Programme. In addition, the Promoting Employment, Self-employment Programme (PEI), Interharvest and Good Harvest programmes are continuing. The Labour Modernization Act No. 27.802 established the Labour Formalization Incentive System (RIFL), the objective of which is to promote the recruitment in the private sector of workers who did not have a registered employment relationship as of 10 December 2025, and the Labour Assistance Fund as a financial tool to improve the compensation system.

With regard to the platform economy, Argentina has played a pioneering role in its regulation and Act No. 27.802 established the Personal Mobility and/or Sharing System for Private Services to ensure the protection and independence of workers.

In relation to the Minimum Mobile Living Wage Council, in accordance with the procedure established by section 137 of Act No. 24.013, Decision No. 9 of 2 December 2025 was adopted establishing the SMVM as a progressive measure until the month of August 2026.

With reference to the approval of agreements, contrary to the indication contained in the report of the Committee of Experts, the administrative authority is in compliance with the statutory time limits, carries out exhaustive checks and requests the relevant clarifications. In this process, the time limit is calculated from the date of submission to the administrative authority once the requirements have been fulfilled (section 6 of Act No. 23.546).

Concerning social dialogue, the national Government is maintaining fully in force the institutional mechanisms for dialogue with workers’ and employers’ organizations on freedom of association, the right to organize and collective bargaining, in line with fundamental labour principles and the international obligations assumed by the State of Argentina.

It should be emphasized that the existence of differences of criteria in relation to certain public policies cannot be interpreted as an absence of social dialogue. In any democratic society, dialogue does not necessarily imply consensus, but rather the possibility in practice for the various partners to express their positions within an institutional framework of mutual respect and independence.

The Government of Argentina reaffirms its commitment to institutionalized social dialogue based on respect for fundamental rights, the independence of the social partners and the search for agreements that contribute to economic growth, the creation of formal employment and the welfare of workers. Clear examples of social dialogue are provided by all the agreements concluded under Decree No, 633/18 (“Employers’ contributions to differential pension schemes” during the current administration). Indeed, emphasis should be placed on a historical milestone in agricultural collective bargaining on 13 May 2025, when the first collective agreement was concluded for rural workers (Act No. 27.802).

Employer members – We thank the Government of Argentina for the oral and written information provided for the examination of this case and we take due note of the comments made by the Committee of Experts. The Employer members wish to recall that Conventions Nos 81, 129 and 150 form part of the institutional framework for ensuring the effective application of labour legislation in our countries. Labour inspection and administration systems are essential to promote labour formalization, improve compliance with labour regulation and ensure conditions of fair competition for enterprises that comply with their obligations. On this basis, we consider it important to analyse carefully the issues raised by the Committee of Experts.

A first aspect relates to the numbers of labour inspection staff. The Committee of Experts has noted the reduction in the number of labour inspectors with tenure in the Secretariat of Labour, Employment and Social Security, which has fallen from 385 inspectors and 312 inspection auxiliaries, as indicated previously, to 308 inspectors at the national level. Allegations have also been made concerning the impact that this reduction could have on the operational capacity of the inspection system.

The Employer members recognize that Article 10 of Convention No. 81 requires the number of inspectors to be sufficient to secure the effective discharge of their duties. It does not establish a specific number and Article 10 itself provides that due regard shall be had, in determining the effectiveness of the inspection service: of the number, nature, size and situation of the workplaces liable to inspection; the number and classes of workers employed in such workplaces; and the number and complexity of the legal provisions to be enforced. Consideration also has to be given to the institutional structure as a whole, the distribution of competence between the various levels of government, the coordination mechanisms that exist and the effective results achieved in relation to compliance. Accordingly, the number in itself does not amount to an indicative or definitive figure determining the effectiveness of inspection services.

We note that the available information only covers the national level. We therefore consider it particularly important for the Government to provide consolidated information on the inspection system as a whole, including structures at the level of the provinces and inspectors working under the national Secretariat of Labour, the SRT and the ARCA, as well as in each provincial jurisdiction and the province of Buenos Aires, as a basis for a full assessment of the inspection capacity that exists in practice in the Republic of Argentina.

The Committee of Experts expresses concern at the coordination difficulties between the national authority (the federal level) and provincial authorities. The Employer members recognize that effective coordination is an important element in ensuring the coherence of the inspection system. The Government claims that there is a central authority in Argentina which sets common policies for the country as a whole within a framework of co-responsibility and cooperation (Act No. 25.212) and various authorities exercise coordination functions with the provincial authorities. The Employer members recall that the existence of different administrative levels does not in itself constitute non-compliance with the Conventions under examination. The fundamental issue is to determine whether there are adequate mechanisms for supervision, the exchange of information and institutional coordination to ensure the effective enforcement of the labour legislation throughout the country.

We therefore encourage the Government to strengthen existing coordination mechanisms, particularly for the compilation of statistics, the exchange of information and the joint planning of inspection activities.

With reference to material, financial and human inspection resources and the annual report, the Committee of Experts also noted allegations concerning budgetary limitations affecting the level of resources necessary for the discharge of inspection functions, particularly in relation to the employment stability and conditions of service of labour inspectors. The Employer members consider that inspectors must have adequate means for the effective discharge of their duties, particularly in a country with a large territory and varied and geographically dispersed economic activities. At the same time, we observe that the budgetary restrictions referred to are occurring in the context of a broader process of administrative reorganization and fiscal consolidation. Conventions Nos 81 and 129 do not establish specific levels of public expenditure applied to inspection, but do require the inspection services to have at their disposal the necessary means for the effective discharge of their duties.

In this context, we consider it particularly important for the Government to provide information on the real impact of these measures on inspection activities and on the measures adopted to improve the efficient allocation of resources, such as the application of new technologies in inspection services.

We also encourage the Government to comply in full with its obligations relating to the preparation and publication of the annual inspection reports envisaged in Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. In Article 20, Convention No. 81 establishes the requirement for the central inspection authority to publish an annual report on the work of the inspection services, which shall be published within 12 months of the period under analysis. Moreover, this report has to be sent to the Director-General of the ILO and must contain various types of information: the applicable legislation; the staff of the labour inspection service; statistics, including those on workplaces liable to inspection, inspection visits, violations and penalties imposed, industrial accidents and occupational diseases reported. Only when we have this information will we be able to ensure the definitive effectiveness of the inspection services.

With regard to the request for information on the measures adopted to ensure that the penalties for unregistered work are adequate and applied effectively, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129, we note the Government’s reply indicating that the repeal of the provisions by Act No. 27.742 in essence implied ending a double penalty and that now employers are liable to graduated fines in accordance with Act No. 25.212, which continue to be fully in force. The Government adds that the REPSAL publishes the various types of penalties imposed for violations of the provisions in force in the different areas.

We also note that the inclusion of an offender in the REPSAL, in the register of labour violations, also involves the loss of a series of benefits and incentives, which has an additional dissuasive effect.

We should therefore conclude that this system of penalties is adequate, in accordance with Article 18 of Convention No. 81

With regard to the labour inspection system, the Committee of Experts expressed concern at the effective operation of the labour inspection system in agriculture, particularly in the most remote rural areas. The Government has indicated that inspection in the agricultural sector is carried out through the coordinated action of various bodies, including the national and provincial inspection services, and the RENATRE. It has also indicated that action to detect cases of unregistered work, child labour, labour exploitation and trafficking in persons has been strengthened through coordination mechanisms between the various competent authorities.

The Employer members fully endorse the importance of ensuring effective supervision in the agricultural sector, taking into account the specific characteristics of the sector, including the geographical dispersion of workplaces and the seriousness of certain violations which may occur in rural areas. At the same time, we consider that assessment of the effectiveness of the system requires a broader analysis which includes the criteria used for the planning of inspections, the distribution of competence between the various administrative levels, etc. We therefore call on the Government to continue strengthening the coverage and effectiveness of inspections in the agricultural sector, particularly in remote areas, and to provide further information on the measures adopted to strengthen the specialized technical capacities of inspectors and improve coordination between the various competent institutions.

Finally, we understand that this new manner adopted by the Committee of Experts of examining several Conventions together requires an additional effort to be able to take into account all the comments and give the views of the social partners.

With reference to the operation of the labour administration system, the Committee of Experts expressed concern at its effective operation following the institutional reforms undertaken by the Government since the end of 2023, including the establishment of the Ministry of Human Capital. In particular, the Committee of Experts notes the observations relating to the reorganization of the administrative structure, the reduction of human and financial resources, the functioning of certain specialized institutions and the capacity of the system to respond to the new employment legislation. We note the indication by the Government that the country is experiencing a deep-rooted crisis and that the new organization of the administration seeks to reduce the oversized state and achieve optimum resource allocation.

Worker members – I would first like to thank the Government of the Argentine Republic for the contributions and information it has provided to this Committee, regarding the application of Convention No. 150 on labour administration. However, following a thorough, technical analysis of the report by the Committee of Experts and the serious evidence presented by the Argentine trade union organizations, from whom we will be hearing soon, we remain seriously concerned by the alarming gap between international obligations and the current State practice in the country. What we are raising here is not a mere technical issue nor a debate on administrative procedures. We are facing a deliberate process of dismantling State administrative capacities, that undermines the real possibility of designing, coordinating, implementing and monitoring labour policies throughout the national territory.

As the 2024 General Survey of the Committee of Experts, “Labour administration in a changing world of work”, rightly points out, the labour administration system plays a central role in promoting social peace through sound labour relations, which is impossible to achieve without democratic and participatory public institutions. In view of the current circumstances, the Committee of Experts expressly calls on the Government to take the necessary measures to ensure the effective organization and functioning of the labour administration system, as provided for in Articles 4 and 10 of Convention No. 150. It is imperative, in this analysis, to examine the observations on Convention No. 81 and Convention No. 129 together, given that the Committee of Experts has decided to address the labour administration and inspection Conventions comprehensively, in order to provide an overview of the situation in Argentina. This integrated analysis shows that the effective operation required by Convention No. 150 is seriously compromised by the failure to provide resources to the inspection sector, where the central authority has barely 308 inspectors for the entire territory, a number which the Committee of Experts considers insufficient to ensure the performance of inspection functions.

The Committee of Experts has been unequivocal in urging the Government to ensure that there are sufficient inspectors and that they have job security, adequate transport and travel allowances, warning that austerity policies are paralysing basic operations in rural and remote areas. Ensuring effective organization and operation entails, according to Convention No. 150, the implementation of measures designed to ensure that the functions and responsibilities of the system are properly coordinated throughout the territory. This involves establishing procedures appropriate to national conditions, and ensuring consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers. This coordination and dialogue must be effectively implemented at the national, regional and local levels, as well as across the various sectors of economic activity.

The decision to downgrade the Ministry of Labour to the rank of a Secretariat was not a neutral measure. It entailed a loss of status, a reduction in structures, the dismissal of specialist staff and the weakening of technical capacities built up over many years. Furthermore, the reform of the Framework Act on the regulation of national public employment is in direct conflict with Article 10 of Convention No. 150, as it allows staff enjoying job security to be dismissed at the discretion of the authorities on the grounds of optimal staffing levels, thereby undermining the independence that public officials must have from external influences. The Committee of Experts has also requested information from the Government on the measures adopted or planned to gradually extend the system’s coverage to workers in non-standard forms of employment, in accordance with Article 7 of the Convention. In this regard, Argentine trade unions draw attention to the serious situation of job insecurity faced by platform workers in the country. We express our deep concern regarding the recent labour reform, approved without effective consultation, which incorporates a special regime for these workers. The explicit exclusion of a large sector of workers from the scope of the Employment Contracts Act deprives these workers of the fundamental guarantees of labour law.

With regard to the application of Article 5 of Convention No. 150, the Committee of Experts notes that social dialogue in Argentina has been weakened drastically since December 2023. Trade unions express their alarm at the elimination and disruption of the normal functioning of the institutionalized forums for dialogue, as well as at the unilateral interference in collective bargaining through systematic delays in the ratification of collective agreements. We note that the use of emergency decrees, or laws undergoing legislative consideration without adequate consultation processes to introduce structural changes which deprive workers of fundamental and inherent labour protections, constitutes a clear departure from the principles of Convention No. 150.

We would like to recall that Convention No. 150, through effective implementation that prioritizes and strengthens labour administration, provides fundamental tools to address the reality of the world of work based on two key premises: that labour is not a commodity and that labour relations require robust, democratic and participatory public institutions. This role must be carried out in full respect of the principles of freedom of association and collective bargaining. We urge the Government of the Argentine Republic to guarantee consultation, cooperation and negotiation as the only way to ensure social peace and compliance with international standards.

We must be clear that what we are denouncing today are not isolated, technical management errors. They form part of a systematic policy of dismantling social protection in Argentina. By undermining labour authority, defunding inspection, making public sector employment precarious and emptying tripartite dialogue of its substance, the Government is breaking the social contract on which our Organization is founded.

It is essential to understand that, while we are currently focusing on Conventions Nos 150, 129 and 81 as they fall within the Committee’s cycle of review, these complaints form part of a widespread government-driven rollback of the entire system of labour rights, both individual and collective. This critical situation includes increasing job insecurity, mass redundancies in the public sector that jeopardize the State’s technical independence, and a drastic fall in real wages, all against the backdrop of systematic failure to comply with policies on social dialogue and tripartite consultation. It is our expectation that the Government will take urgent steps to address these violations in law and practice, with the assistance of the ILO.

Employer member, Argentina – Allow me to share the views of the employers of Argentina on the issues raised in relation to Conventions Nos 81, 129 and 150 on labour inspection and administration, in respect of which references to other international Conventions not related to these cases should not be taken into account.

Conventions Nos 81, 129 and 150 form part of the institutional framework that ensures the effective application of labour legislation in Argentina. From the viewpoint of the Employers, we consider that labour inspection and administration systems are tools of great importance, not only for workers, but also for enterprises that are in compliance with their obligations. A weak inspection system is not only prejudicial to workers, but also gives rise to distortions in competition by failing to guarantee uniform compliance with labour legislation by all enterprises. Employers in Argentina therefore have a direct interest in the system of labour inspection being efficient, predictable and technically competent.

With regard to the number of inspectors, Article 10 of Convention No. 81 requires the number of inspectors to be sufficient to secure the effective discharge of their duties. The same requirement is set out by Convention No. 129 for inspection services in agriculture.

In the first place, we refer to the indications provided by the Government of Argentina on the distribution of competence within the federal Government and the fact that the number of inspectors taken into account in the report of the Committee of Experts only corresponds to the national level. Without prejudice to the obligations set out in Convention No. 81, it needs to be borne in mind that the basic competence for labour inspection in Argentina is vested with the provinces, and is not delegated to the central Government.

Second, we understand that, in order to assess the effectiveness and sufficiency of the system, it is not enough to simply count the number of inspectors. If there has been a decrease in their numbers, it is necessary to assess the other changes that have followed, such as whether there have been improvements in technology or procedures which enable inspectors to improve their capacity to deal with cases.

In this regard, we consider that it would be necessary in the first place to verify the consolidated information on the inspection system as a whole, including not only the national structure, but also the inspectors working within the framework of the SRT and the ARCA, as well as the structures in each of the provincial jurisdictions and other bipartite decentralized public administration bodies, such as the Statistics Institute, the IERIC and the RENATRE. Only with this full information will it be possible to carry out an adequate assessment of the real inspection capacity of the system.

The Committee of Experts has expressed concern at coordination problems between the national authority and provincial authorities. In this regard, we are bound to emphasize that Act No. 25.212, known as the Federal Labour Pact, sets out common policies for the country as a whole within a framework of co-responsibility and cooperation, and that various authorities carry out functions in coordination with the provinces.

As indicated by our spokesperson, the existence of different administrative levels, national and provincial, does not imply incompatibility with the Conventions. Argentina is a federal State and the ILO is fully aware of that. The fundamental issue is not the structure, but determining whether adequate mechanisms exist and the challenges that arise in relation to supervision, the exchange of information and institutional coordination in order to ensure the effective enforcement of labour legislation throughout the territory.

Allegations have been made concerning budgetary limitations affecting the necessary resources for the discharge of inspection functions. These measures, in any case, have been adopted within the context of a broader situation of economic crisis, administrative reorganization and fiscal consolidation, as described by the Government representative. We understand that there is a pending obligation in relation to the publication of annual inspection reports, which are a necessary tool to assess the real operation of the system and guide any strengthening measures.

With reference to the penalties envisaged in Article 18 of Convention No. 81 and Article 24 of Convention No. 129, we wish to indicate with regard to the provisions repealed by Act No. 27.742 that their purpose was to eliminate a dual penalty, and that the graduated fines set out in Act No. 25.212 continue to be fully implemented by the labour administration. The fines set out in repealed Act No. 24.013 were not effective in limiting unregistered work, and only served to increase litigation when work contracts were terminated, giving rise to disproportionate financial compensation. These fines that have been repealed also applied to labour relations that were appropriately registered, but which were understood by the courts, on the basis of workers being provided with mobile phones or cars by the enterprise, as giving rise to all the fines. Moreover, the financial weight of the fines only benefited workers who took their cases to court, not the fiscal authorities. The system that has been abolished was not therefore effective in promoting appropriate registration.

The Committee of Experts has expressed concern with regard to the effective operation of the labour inspection system in agriculture, particularly in the most remote rural areas. The Government indicates that agricultural inspection activities are carried out through the coordinated action of various bodies, including the national and provincial inspection services, as well as the RENATRE, and that action has been strengthened for the detection of unregistered workers, child labour and trafficking in persons, through training activities for inspectors carried out with ILO support.

The Committee of Experts also expressed concern regarding the effective functioning of the labour administration system following the various institutional reforms undertaken since the end of 2023, including the creation of the Ministry of Human Capital, which absorbed the functions of the Ministry of Labour, Employment and Social Security, as well as other ministries, and the consequent reduction of human and financial resources.

It is important for the Committee to bear in mind the serious crisis which gave rise to the reform of the State administration in our country. In this context, it is to be hoped that the administrative reform process will overcome challenges relating to the efficient allocation of adequate resources for the discharge of its functions. We encourage the Government to make every effort to maintain the capacity to give effect to the Conventions under examination following the reorganization.

Finally, the Committee of Experts has expressed concern at the operation of certain tripartite consultation and cooperation mechanisms, with particular reference to Article 5 of Convention No. 150 and the functioning of the National Council on Employment, Productivity and the Minimum, Living and Mobile Wage. We wish to note that the Wage Council is fully operational with the due representation of the social partners. The Standing Advisory Committee of the Occupational Risks Act is also in full operation, and a project for the prevention of occupational risks is being discussed by the tripartite partners.

The Employers consider that social dialogue is one of the fundamental pillars of effective labour administration. Tripartite institutions play an essential role in promoting predictability, trust and stability in labour relations. We say this with confidence and conviction, as we are a constituent part of these institutions. We therefore believe that it is essential to maintain social dialogue mechanisms that operate as a framework for consultation, cooperation and negotiation between the public authorities and representative organizations of employers and workers, and to strengthen existing social dialogue mechanisms.

Worker member, Argentina – I am speaking on behalf of the three trade union confederations of Argentina with the firm intention of highlighting the serious breaches of international labour standards by my country’s Government. What we are bringing before you today is not a dispute over administrative technicalities or mere budgetary adjustments; it is a formal complaint at the systematic dismantling of a democratic model of labour governance that took us decades to build and which the current national Government has been tearing down since December 2023.

We are here to denounce, within the framework of Convention No. 150, a process of structural transformation that undermines the ability to design, coordinate, implement and monitor labour policies throughout the country.

What is happening in Argentina is not a series of isolated reforms; it is the construction of a political, economic and institutional project aimed at fundamentally redefining the model of labour relations in place since the return to democracy in Argentina. All under an unacceptable premise: that worker protection is an obstacle to the economy.

This is not our interpretation; it is the confession of the man who, in his capacity as President of the nation, currently administers the State and defines himself as a “mole” tasked with destroying it from within, whilst proclaiming that social justice is a violent and unjust aberration, or in his own words, the cancer of Argentina. And that very criterion of social justice, promoted and guaranteed by the ILO, is precisely what places people at the centre of any regulations for the protection of workers.

Convention No. 150 is not regulatory window-dressing; it is the backbone established by the ILO to ensure that labour policies are developed through social participation and dialogue.

The first clear sign of this shift was the downgrading of the Ministry of Labour to the status of a Secretariat. But this is not merely a matter of organizational structure; it represents a profound functional downgrading. This was not a neutral decision. By placing the labour portfolio within a Ministry, namely that of Human Development, which brings this area of labour into contact with such disparate sectors as health or education, its capacity for influence and coordination has been diluted. Convention No. 150 requires a coordinated, effective administrative system endowed with social legitimacy. A system without hierarchy, without resources and without operational autonomy is, quite simply, a system that does not exist.

Since 2023, State organizational structures in Argentina have been scaled back, specialist staff have been laid off on a massive scale, and the technical and operational capacity built up over years to intervene in the world of work has been dismantled.

This erosion has been exacerbated by the reform of the Framework Act on the Regulation of Public Employment (Act No. 25.164), which allows staff with permanent status to be dismissed if, at the Administration’s discretion, there is an “excess in optimum staffing levels”. We are witnessing the legalization of job insecurity at the very heart of the State.

The Government has opted for authoritarianism in unilateralism. Within days of taking office, it issued Emergency Decree (DNU) No. 70/2, which introduced one of the most far-reaching labour reforms since the return to democracy, deliberately bypassing parliamentary debate and institutionalized social dialogue.

Subsequently, the so-called Basic Act (No. 27.742) and, more recently, the Labour Modernization Act (No. 27.802) consolidated this paradigm of flexibilization. Both Acts were designed and pushed through unilaterally, with the aim of dismantling labour rights, freedom of association, collective bargaining and the right to strike, contradicting and violating the fundamental principle of tripartite participation enshrined in the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144). The Committee of Experts has been clear: reforms with a major impact must be developed through genuine consultation processes with representative organizations. In Argentina, tripartism has been replaced by imposition.

I would cite a particularly telling example of the Government’s drift: on the very day of the start of the Conference (not a harmless coincidence), we became aware, through their publication, of decrees issued by the National Executive which, between regulatory excess and violations of the National Constitution, are once again in violation of Convention No. 150, undermining freedom of association and individual and collective rights. In addition to this is the imposition of summary administrative decisions and fines running into millions against organizations such as the La Fraternidad trade union and the Tramworkers’ Federation (UTA) for exercising their legitimate right to strike.

For other reasons, there is also the case of the intervention in the Metalworkers’ Federation (UOM).

Another clear example of the Government’s violations relates to labour inspection, which is covered by Conventions Nos 81 and 129. The Committee of Experts’ report confirms our worst fears: there is a critical shortage of inspectors, compounded by a lack of structure and budget. I cite the example of the agricultural sector, governed by Convention No. 129, where inspection is practically non-existent, leaving rural workers in an absolute inspection vacuum.

The absence of State oversight, promoted by the Government, is leading to the destruction of labour rights. This is not “labour modernization”: it is about making work more precarious. The State’s dismantling of labour administration is evident in the scrapping of strategic bodies. From 2023 until February 2026, the centralized National Public Administration saw a reduction of 29 per cent in the State workforce.

Added to this is the destruction of other fundamental State institutions, leading to the present and future devastation of the pillars of our country’s social and productive system, as illustrated by a few examples:

Science and technology: at the National Council for Scientific and Technical Research (CONICET), the country’s leading scientific body, which provides significant support to the productive system, more than 4,000 jobs have been lost and the recruitment of competitively selected researchers has been halted.
Infrastructure: investment in public works has been halted, with the consequent impact on one of the main drivers of job creation.
Industrial and agricultural technology: at the National Institute of Industrial Technology (INTI) and the National Institute of Agricultural Technology (INTA), institutional autonomy has been undermined and hundreds of technicians have been made redundant.
Social policies: the former Ministry of Social Development has been downgraded, leading to the closure of regional referral centres, the dismissal of workers and the scrapping of employment promotion schemes.
Human rights and gender: the Secretariat of Human Rights has been downgraded, and the Ministry for Women was abolished.
Higher education: the underfunding of universities is critical, with salary cuts of over 40 per cent, which jeopardizes the survival of a free public university model that has served as an example for the region and the world.
The pensions system: the lack of protection for retired workers, with the failure to adjust their pensions accordingly and the resulting food insecurity, compounded by the deliberate deterioration of health protection systems.
The disability care system: underfunding, the withdrawal of benefits and mistreatment within the care system for working families.

Finally, we denounce the policy of criminalizing social conflict. Through Decision No. 943/2023 of the Ministry of Security, labour disputes have ceased to be a social and labour issue and are now treated as a matter of criminal policy. The Government has prioritized the use of rubber bullets, tear gas and water cannons over institutional mediation.

It is abundantly clear that the erosion of Convention No. 150 is being used as a tool to undermine the very heart of our system for protecting workers. Unless there is an immediate change of course, which does not appear to be the Government’s intention at present, and unless constructive tripartite institutional social dialogue is initiated, we will be forced to take all available courses of action to denounce the non-observance of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The organized labour movement in Argentina, assuming its historic responsibility and its commitment to workers, maintains its stance with conviction. We do so on the streets, in every popular mobilization and in this important international arena. Our objective is the fundamental defence of workers’ rights and the dignity of work and workers. We do so with all the strength and creativity of which we are capable with a view to restoring a prosperous Argentina, with equitable development and decent work, as a fundamental tool for social justice and the common good. Workers are not cogs in the machine serving the economy. The economy is an effective tool for creating the well-being of workers.

Government member, Cyprus – I have the honour to speak on behalf of the European Union (EU) and its Member States. The candidate countries, North Macedonia, Montenegro, Albania, Ukraine, Republic of Moldova, the European Free Trade Association country Norway, Member of the European Economic Area, as well as the United Kingdom of Great Britain and Northern Ireland, align themselves with this statement. The EU and its Member States are committed to the respect, protection and fulfilment of human rights, including labour rights. We promote the universal ratification and effective implementation of fundamental ILO Conventions and support the ILO supervisory system in its crucial role of promoting and supervising the application of ratified standards.

While we note the information provided by the Government regarding the delegation of duties to the provinces and the possible difficulties in collecting information, we request the Government, in line with the comments of the Committee of Experts, to review the operations of the labour inspection system, to identify shortcomings relating to coordination as well as the number of inspectors at the federal and provincial levels, and to strengthen the capacity of the labour inspectorate, including by providing adequate funding and equipment. We call on the Government to take additional measures to ensure the effective organization and functioning of the labour administration system, in particular by ensuring that there are sufficient inspectors and by placing the labour inspectorate under the supervision and control of a central authority, as provided for in Conventions Nos 81 and 129. We further request information on the steps taken, or plans, to extend the functions of the labour administration system to workers in non-standard forms of employment or in atypical forms of employment, in accordance with Article 7 of Convention No. 150. Concerning the situation and stability of employment and the conditions of service of labour inspectors, we encourage the Government to take the necessary measures to ensure that the inspectorate is composed of public officials whose legal status and conditions of service guarantee stability of employment.

We request the Government to ensure the effective functioning of the labour inspection system in agriculture, as enshrined in Convention No. 129, including in the remote rural areas referred to by the General Confederation of Labour of the Argentine Republic. We request the Government to provide information on the labour inspections carried out at the provincial level and the penalties imposed, the inspectors having tenure and the number employed on contracts at the federal and provincial levels, as well as the measures taken to ensure that adequate and effective penalties for unregistered work are applied. In addition, we urge the Government to ensure that the central inspection authority publishes an annual report on the work of the labour inspectorate, covering the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. Lastly, we encourage the Government to take the necessary measures to ensure consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations, and to provide information on the functioning of the tripartite bodies. The EU and its Member States will continue to follow the situation closely and remain committed to supporting the effective application of international labour standards.

Employer member, Costa Rica – The Employers’ group has listened carefully to this afternoon’s debate on the case of Argentina, and I would like to address an aspect that we consider fundamental to a balanced and fair assessment of the case: the way in which the adequacy and effectiveness of the labour inspection system in Argentina are analysed.

Argentina is a federal State. By constitutional mandate, the provinces have primary competence in the field of labour inspection, while the national Government performs coordination functions, and this institutional situation needs to be taken into account when assessing compliance with Convention No. 81. When the Committee of Experts analyses the figures for inspectors available at the national level, it is important to remember that they represent only part of the system. A comprehensive assessment must take into account: inspectors from the SRT and ARCA; inspection resources in the 23 provinces and in the Autonomous City of Buenos Aires; and inspectors in decentralized bodies and non-state public entities, such as the RENATRE and the IERIC, which have their own inspectors and specific responsibilities in key sectors such as agriculture and construction.

For this reason, we ask the Committee to bear this complexity in mind before drawing up its conclusions. Only by taking these aspects into account and adopting a comprehensive view of the system can it be assessed whether the system’s actual inspection capacity is sufficient under the terms of the Convention. At the same time, we recognize that the availability and consolidation of information constitutes a significant challenge. For this reason, we encourage the Government to continue strengthening the collection, consolidation and publication of comprehensive and comparable statistics on the functioning of the inspection system at all levels (national and provincial).

Having consolidated information on the number of inspectors, the inspections carried out, the sectors covered and the penalties imposed will not only enable the Committee to make a more accurate and objective assessment of compliance with the obligations arising from Articles 20 and 21 of the Convention, but will also provide a basis for a genuine evaluation. The complexity of a federal system should not be viewed as an obstacle, nor used as an excuse for inaction, but rather as an institutional feature that must be given due consideration when examining this case.

Worker member, Uruguay – We are speaking on behalf of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT), Uruguay’s sole trade union confederation, in the context of the consideration of the report of the Committee of Experts and, specifically, Convention No. 150. Beyond the euphemisms and technicalities, what we are seeing in Argentina is a series of structural changes that directly affect the functioning of labour administration and the capacity of the State to ensure the effective protection of labour rights. From this perspective, we consider these measures to be incompatible with the obligations of the State under Convention No. 150.

The downgrading of the Ministry of Labour to the rank of a Secretariat is a particularly significant development, as it raises serious questions regarding the institutional standing, operational autonomy and coordinating capacity required for an effective labour administration.

Similarly, measures affecting stability in public employment and allowing discretionary dismissals undermine the technical independence that should characterize the bodies responsible for applying and enforcing labour legislation, directly affecting the ability to maintain strong institutions capable of carrying out the duties envisaged by the Convention.

An examination of the inspection and enforcement system reveals serious weaknesses in the State’s inspection capacity, stemming from the shortage of human resources available to ensure adequate coverage of the national territory, and the extremely low level of inspections in sectors particularly prone to informality, such as rural labour. When this is combined with the removal of penalties for undeclared work, the result is a framework that reduces incentives for compliance and undermines the effectiveness of labour protection. In our view, this situation should be considered in the light of Conventions Nos 81 and 129, which are closely linked to the effectiveness of the labour administration system.

The reduction in State capacity, the dismantling of technical and provincial programmes, and the loss of specialist staff have a direct impact on the delivery of essential services relating to labour and social protection, resulting in the loss of rights in practice.

For these reasons, we call for due note to be taken of the seriousness of the situation and for the Argentine Government to be urged to adopt specific measures to restore a labour administration with the necessary institutional standing, independence, adequate resources and effective tripartite consultation mechanisms, in full compliance with Convention No. 150 and in line with the obligations under Conventions Nos 81 and 129.

Government Member, Switzerland – Switzerland supports the statement made by the European Union and wishes to make the following points. Switzerland notes with interest the observations of the Committee of Experts, and the information provided by the Government of Argentina concerning the application of Conventions Nos 81, 129 and 150.

With regard to labour inspection, Switzerland notes with concern that the system continues to face significant challenges, particularly in terms of human and material resources, and coordination between the federal and provincial levels. This is an issue with which Switzerland is also familiar, and my country would be willing to share its expertise with Argentina.

With regard to the agricultural sector, Switzerland notes the activities carried out in cooperation with the RENATRE, and the inspections already conducted. We note, however, that significant challenges remain, including insufficient coverage of remote rural areas, the persistence of undeclared work and child labour. We encourage the Argentine authorities to strengthen institutional coordination and the effectiveness of inspections.

With regard to penalties, Switzerland notes the information provided and emphasizes the importance of ensuring a system that is sufficiently dissuasive and effectively enforced.

With regard to the status of inspectors, Switzerland recalls the importance of stable and adequate conditions of employment in order to ensure the independence and effectiveness of labour inspection services.

Regarding labour administration, Switzerland notes the institutional reforms currently under way and encourages the authorities to ensure that these reforms strengthen the system’s capacity to take effective action, including in response to developments in the labour market.

Finally, Switzerland emphasizes the importance of social dialogue and encourages the Government of Argentina to ensure the effective functioning of tripartite consultation mechanisms. Switzerland also notes the information provided in response to the observations of the Committee of Experts and encourages the Government of Argentina to continue its efforts for the full application of ratified Conventions, in cooperation with the social partners and, where appropriate, availing itself of the technical assistance available from the ILO.

Government member, Honduras – Our delegation wishes to thank the Republic of Argentina for the information provided and the dialogue conducted with the ILO supervisory bodies. We note with interest the reference to the need to adopt measures to strengthen labour inspection and improve coordination between the different levels of the Government and the competent institutions, taking into account the specific characteristics of the country’s federal structure. We also welcome the continued initiatives aimed at preventing labour informality and promoting compliance with labour legislation, and the specific efforts undertaken in the agricultural sector through cooperation with the RENATRE to address situations of unregistered work and protect rural workers. We also note the willingness expressed by the Government of Argentina to continue collaborating with the ILO and to make use of the cooperation and technical assistance available in order to continue improving the labour inspection and administration systems. We also consider relevant the fact that these efforts are being made in a context of economic recovery and reforms aimed at promoting formalization, productivity and the generation of employment opportunities for the benefit of workers and employers. We therefore encourage the Government to continue making progress with these initiatives and to pursue constructive dialogue with the social partners and the ILO.

Employer member, Guatemala – In my statement, I wish to focus on the application of Convention No. 150 and on the functioning of the labour administration system in Argentina following the reforms initiated in 2023. Based on the information provided, and from what we have heard here in the room, we understand that the creation of the Ministry of Human Capital, which absorbed the functions of the Ministry of Labour, Employment and Social Security, was an institutional policy decision adopted in the context of a severe financial crisis. Convention No. 150 does not prescribe any specific ministerial structure. It is relevant in this case to reiterate that each State has the sovereign power to organize its administration as it deems appropriate.

However, what Convention No. 150 does require, in Articles 4 and 10, is that, irrespective of the structure adopted, the system functions effectively and has sufficient resources. This is the applicable standard and is the one that this Committee must evaluate: not the form, but the substance. Article 5 of Convention No. 150 requires consultation, cooperation and negotiation with representative organizations of employers and workers. This is not a formal mandate; it is the basis for a functioning labour relations system.

The Employers do not support tripartism solely as a matter of principle. We support it because we live by it. When social dialogue works, labour policies are stronger and more balanced, there are fewer disputes and standards have greater legitimacy. When social dialogue is weakened, all parties lose out. We therefore urge the Government to: ensure the regular functioning of the National Council on Employment, Productivity and the Minimum Living Mobile Wage; maintain sectoral dialogue mechanisms and consultation with employers’ and workers’ organizations; and report to this Committee on the schedule and outcomes of these bodies. Convention No. 150 should not be interpreted as an obstacle to institutional reforms, but rather as a guide to design them efficiently, in keeping with the specific features of each socio-economic structure and the characteristics of each system of government.

Worker member, Brazil – The case of Argentina concerns the violation of the so-called governance Conventions, which are essential to transform fundamental rights and principles at work into practical realities. This is where the gravity of the violation of these Conventions lies, since failure to comply with them undermines the observance of the other international commitments undertaken by Argentina, adversely affecting those who earn their living through work.

The Ministry of Labour has lost its ministerial status and has become a Secretariat of the Ministry of Human Capital. This downgrading and the recent labour reforms have changed the focus of inspection and social protection policies with the aim of limiting the role of the State, based on the premise that the protection of workers is a hindrance to the economy.

The progressive dismantling of national labour policy has included staff reductions, budget cuts and a loss of inspection capacities. This has resulted in a weaking in three areas, involving a loss of hierarchy, operational autonomy and the capacity for centralized coordination required by Convention No. 150. As a consequence, the capacity has been reduced capacity to respond rapidly to allegations of abuse and poor working conditions at the local level, particularly in rural areas and regions with long-standing structural asymmetries, which contributes to systems of extreme exploitation, child labour and hours of work exceeding the legal limits.

In addition, fines for unregistered or incompletely registered work have been abolished and replaced by a system that waives debts and overlooks violations for employers who voluntarily regularize the labour relations of their employees.

The reality is that, contrary to the promise of “modernization”, the labour reforms have resulted in increased rates of unemployment and informality. More and more people are working with no stability or rights, which has a direct impact on income and living conditions. Moreover, as noted by the Committee of Experts, the institutionalization of social dialogue has been weakened. In effect, the Government has abolished social dialogue, using legislative loopholes to establish, without genuine tripartite consultation, a political plan aimed at redefining the system of industrial relations. In this Committee, we have heard countless times that there can be no effective democracy without strong trade unions capable of giving voice to the working class and defending their interests. This is what this case is about. Freedom of demonstration. Social dialogue. Democracy.

Government member, Costa Rica – Costa Rica notes with interest the information provided by the Government of Argentina on the measures taken to strengthen labour inspection and administration, in accordance with Conventions Nos 81, 129 and 150, amidst the challenges that it is facing in terms of administrative coordination.

We particularly welcome the efforts described to broaden the scope of inspections, increase their number and strengthen the protection of workers through more effective oversight and enforcement mechanisms for labour legislation. We also welcome the measures taken to combat undeclared work, child labour and hazardous work by young persons, as well as to protect the most vulnerable workers, particularly in rural areas. We welcome the initiatives aimed at promoting solutions in various sectors of the economy, which reflect the capacity of the tripartite system to generate responses adapted to the realities of the workplace and production.

We therefore highlight the Government’s willingness to continue cooperating with the ILO and to avail itself of the technical assistance of the Office to continue strengthening its institutional capacities. We consider that technical cooperation and the exchange of good practices are valuable instruments to reinforce effective and inclusive results-based labour inspection and administration systems.

Employer member, Uruguay – We note the financial crisis that motivated the State reform in Argentina, but this context does not exempt it from its obligations to the ILO. Convention No. 150 is still fully in force. The specific question we must answer is whether this reform is consistent with the provisions of the Convention, which includes both provisions that are clearly optional, as well as those that are compulsory. To properly evaluate the reforms made with respect to this Convention, information will be needed on the performance of the new labour administration, including specific information on its functioning. In any case, it may be necessary to strengthen consultation and tripartite mechanisms, in line with the provisions of Article 5 of the Convention.

ILO technical assistance could serve as a tool to achieve three objectives: (i) identifying the coordination challenges faced by this new labour administration system; (ii) strengthening provincial labour inspection and administration capacities; and (iii) consolidating statistical information systems as a basis for assessing the performance of the new system. Accepting ILO technical assistance is a sign of institutional maturity that the employers support.

Worker member, Spain – We are here today to report the serious and systematic violations of Conventions Nos 81, 129, and 150 by the Government of Argentina. Convention No. 150, in particular, requires an effective labour administration system provided with resources, staff, presence throughout the country and coordination capacity. However, the facts demonstrate an accelerated process of institutional dismantling, as recognized by both the Committee of Experts and official data. Between November 2023 and February 2026, the Argentine Government eliminated 66,402 jobs, representing a 19.3 per cent fall in national public employment. However, the heaviest impact has been in labour and social areas. The Ministry of Labour, Employment and Social Security, now downgraded to a Secretariat within the Ministry of Human Capital, has lost 47 per cent of its previous staff. This massive reduction directly affects the State’s capacity to formulate, coordinate and implement labour policies, in violation of Articles 4, 7 and 10 of Convention No. 150.

The Committee of Experts has noted this institutional downgrading and warns that the ministerial reorganization, reduction in staff and paralysis of tripartite bodies has weakened labour administration. It adds that there have been 50,000 dismissals in the public administration, affecting essential areas of labour protection.

The dismantling at the provincial level is equally critical. The 43 provincial agencies (the federal pillar of labour policy) were on the verge of closure, which would have entailed the immediate dismissal of no fewer than 1,600 workers and the disappearance of a State presence in vast areas of the country. This is leading to a progressive functional vacuum, as a result of budgetary cuts and the elimination of programmes.

These violations are not isolated events. They are part of a wider context of a regression of labour rights in Argentina, at both the collective and individual levels. The reduction of State labour inspection and administration capacities coincides with the adoption of legislative reforms that are weakening mechanisms to protect the working class, restricting union activities and undermining the effective exercise of the fundamental rights recognized by the ILO.

We call on this Committee to urge the Government of Argentina to adopt urgent measures to reverse this situation, restore labour administration capacities and guarantee full respect for the individual and collective labour rights of Argentine workers.

Government member, Chile – My delegation welcomes the information provided by the Government and the considerations shared as part of the examination of this case. The indicators presented by the delegation of Argentina show positive development between 2025 and 2026, which demonstrates the impact of the measures adopted and which is, in our view, a positive sign that the Committee should take into consideration.

We hope that the Committee appreciates the efforts that are being made in a context that requires multiple priorities to be addressed simultaneously, such as strengthening inspection and promoting decent work in the agricultural sector, where there are specific challenges in terms of labour protection. Labour inspection management in federal contexts provides challenges that require solutions tailored to each national situation. In this regard, we welcome the Government’s reply, which indicates the number of inspectors in the various services and existing inspection systems. We also welcome the progress achieved in terms of the regularization of employment and the action to protect workers in the most vulnerable sectors. Finally, we appreciate the collaboration between the Government and the ILO. We therefore trust that this dialogue and the participation of the social partners will contribute to further sustained progress in the application of the ratified Conventions in accordance with the national context.

Employer member, Honduras – We would like to address two specific concerns raised by the Committee of Experts: the effectiveness of the system of penalties and the challenge of unregistered work in the agricultural sector. Both issues are of special importance for employers, because a credible system of penalties and a formal agricultural sector are necessary conditions for fair competition between enterprises.

The repeal of certain provisions of Act No. 27.742 was noted by the Committee of Experts. The Government has explained that these provisions created a double penalty, as violations were penalized twice for the same act.

The general system of penalties set out by Act No. 25.212 (the REGESIL) continues to be fully in force, with fines that vary between 25 per cent up to 5000 per cent of the minimum wage, based on the gravity of the violation.

The Employers’ group understands the importance of updating the legislation to prevent distortions which, as we have heard in the room, resulted in the excessive litigation of disputes in the world of work. We understand that it would be important to carry out an overall evaluation, so that information is available on the implementation of the provisions that are in force, with investigations and penalties applied at the various administrative levels. We therefore encourage the Government to provide updated statistics on: the frequency with which penalties are imposed for unregistered work at the national and provincial levels; the average amounts of the fines that are collected in practice; the number of employers contained in the register of offenders and the practical consequences of inclusion in the register. Without this information, the Committee cannot assess whether the system is adequate. And without such an evaluation, there is no solid basis for its conclusions.

At the same time, we note that inspection in agriculture appears to be faced with specific structural challenges resulting from the geographical dispersion, the seasonal nature of the work and the presence of migrant workers. The response cannot merely be more inspectors: it also requires specialization, technology and effective coordination with the RENATRE, which is a bipartite institution, and the provinces. We urge the Government to strengthen the specialized training provided to agricultural inspectors and to provide information on the criteria for the planning of rural inspections, especially in remote areas.

Worker member, France – I am speaking here on behalf of the workers of France, Italy, Germany, Belgium, Netherlands and the United Kingdom. Convention No. 150 requires a labour administration system that is effective, provided with the necessary resources, personnel, technical capacities and presence throughout the territory to develop and implement labour policies. However, the Committee of Experts has noted with concern the downgrading of the Ministry of Labour to a State Secretariat, the massive reduction in personnel, the loss of institutional capacity and the weaking of coordination mechanisms for labour policy.

Convention No. 150 requires Member States to ensure consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. In this regard, in its 2024 General Survey, the Committee of Experts emphasized the importance of consulting the social partners in the preparation and implementation of labour laws and decrees.

Rather than strengthening social dialogue, the Government of Argentina has acted through unilateral decisions, decrees and measures adopted without appropriate tripartite consultation. The most emblematic case is Emergency Decree No. 70/2023, which was the first labour reform promoted by the current Government. This Emergency Decree modifies fundamental aspects of individual and collective labour law, without the prior participation of the social partners. And that is compounded by the persistent policy of restricting collective action.

Repeated recourse to emergency measures, the dismantling of public institutions, budgetary cuts in areas related to labour and the paralysis of institutional participatory mechanisms demonstrate the existence of a policy that sidelines social dialogue and focuses decision-making in the executive authorities. A significant example is the de facto sidelining of the National Council on Employment, Productivity and the Minimum Living Mobile Wage. The National Council is a high-level tripartite body which historically covered labour administration under the authority of the former Ministry of Labour. In practice, decisions on the minimum wage have been adopted unilaterally by the State, with increases below the inflation rate, leading to the sustained loss of purchasing power.

When labour policies are adopted without consultation, when the institutions responsible for their administration are weakened and when the capacity of the State to guarantee rights is reduced, the principles underlying Convention No. 150 are directly challenged. That is why we are calling for the Government to be invited to re-establish genuine social dialogue, strengthen labour institutions, relaunch tripartite consultation and participation mechanisms and ensure full respect for ILO Convention No. 150.

Government member, Islamic Republic of Iran – The Islamic Republic of Iran wishes to express its appreciation for the rigorous work of the Committee of Experts, whose findings in Report III(A) of 2026 form the exclusive basis of this statement. We wish to place on record our deep concern regarding Argentina’s compliance with its obligations under the ratified Conventions on labour inspection, labour inspection in agriculture and labour administration.

First, on child labour in agriculture, the Committee of Experts has documented the persistent presence of child labour in the yerba mate and tobacco sectors. Children, many below the minimum working age, are exposed to toxic chemicals, excessive working hours and harsh conditions with serious consequences for their health and education. This is not an isolated finding. It reflects a structural failure that demands urgent action.

Second, on labour exploitation and trafficking, the Committee of Experts has explicitly noted that migrants in the agricultural sector face extreme vulnerability, exploitation and, in certain regions, entrenched patterns of trafficking. These are not marginal concerns. They go to the heart of Argentina’s obligations under the ratified Conventions.

Third, and most troubling, is the deliberate dismantling of enforcement mechanisms. At the very moment when unregistered rural work remains at alarming levels, the Government has repealed financial penalties for employers who fail to register workers. The Committee of Experts itself has assessed that this weakens the labour inspectorate and institution whose strength is essential to the protection of the most vulnerable workers.

Taken together, these findings point to a pattern of regression, not progress, a retreat from the institutional safeguards that give meaning to international labour standards. In light of these concerns, we call upon this Committee to request the Government of Argentina to provide without further delay a comprehensive and verifiable plan of action to eradicate child labour in agriculture, combat trafficking and labour exploitation, restore the financial penalty framework for unregistered employment and demonstrate in measurable and time-bound terms its continued commitment to its international obligations. The credibility of this Committee rests on its willingness to hold governments accountable. We urge the Committee to act accordingly.

Worker member, Canada – I am speaking on behalf of the Canadian Labour Congress. The American Federation of Labour and Congress of Industrial Organizations of the United States aligns itself with this statement. We appear before this Committee to address serious breaches of Conventions Nos 81, 129 and 150 on labour inspection in the Argentine Republic. The current deterioration is not isolated, but is a structural process that undermines the State’s ability to guarantee basic labour rights.

The report of the Committee of Experts is unequivocal. The number of labour inspectors fell from 385 in 2023 to 308 in 2025, 52 of whom lack job security, in direct contravention of Article 6 of Convention No. 81, which requires functional independence and protection from external pressures. This precarious situation is unfolding against a backdrop of job losses in the public sector, which further weakens the State structure responsible for monitoring compliance with labour law. The reduction in staff is coupled with an unprecedented, severe budget cut at the Ministry of Labour which directly impacts the system’s operational capacity. For instance, travel allowances, transport, vehicles and essential resources for inspection have been virtually eliminated, undermining compliance with Article 10 of Convention No. 81, which requires that inspectors be provided with the necessary means to carry out their duties.

The result is evident in the decline in inspection activity. In critical sectors such as agriculture, in 2023, just 59 inspections were carried out for a total of 9,938 establishments. That is less than 1 per cent. The Committee of Experts warns that this shortfall is exacerbated by a lack of coordination between the federal and provincial levels and by the absence of effective central control in violation of Articles 4 and 16 of Convention No. 81. Added to this is a regulatory change that completely undermines the inspection function provided for in Convention No. 81.

The Government has replaced the long-standing framework of the National Labour Regularization Plan which, since 2003, had granted inspectors the powers of a public authority to enter establishments, issue notices, impose sanctions and even close them down in the event of serious infringements, with the so-called Programme for the Promotion of Employment and Good Practices. This new regime replaces effective enforcement with a system of up to four guidance and courtesy visits, in which the inspector no longer acts as a guarantor of compliance with the law, but promotes voluntary compliance, providing friendly guidance on the benefits of the labour reform before considering any sanctions. This shift eliminates the enforcement function required by Convention No. 81, weakens the State’s deterrent capacity and consolidates a framework of structural amnesty for those who breach labour regulations. We request the Committee to urge the Government to rebuild the inspection workforce, restore operational resources and ensure that Convention No. 81 is fully implemented throughout the country.

Government member, Paraguay – My delegation thanks the Republic of Argentina for the information provided and the clarifications made during this discussion. We note the measures indicated in the field of labour administration, and the action intended to strengthen coordination between the institutions responsible for labour inspection. We note the initiatives taken to improve the detection of situations of labour informality, the protection measures for workers and the action taken in rural areas through cooperation between the competent bodies. We also note the Government’s decision to continue assessing the operation of the labour inspection system and to maintain cooperation with the ILO for the analysis and strengthening of its institutional capacities. Paraguay is also facing this challenge and is prepared to exchange experience and good practices in this area. We note that the actions taken are being adopted in a context of the recovery of economic activity and the implementation of policies related to formal employment. My delegation encourages the Republic of Argentina to continue implementing these initiatives and emphasizes the importance of technical cooperation and dialogue in the strengthening of labour institutions.

Government member, Panama – The delegation of the Republic of Panama thanks the Republic of Argentina for the information provided and in this context wishes to indicate the following:

First, we value the commitment expressed by the Government to continue cooperating with the ILO and to have recourse to technical assistance for the continued strengthening of its labour institutions and labour law enforcement mechanisms. We also note the initiatives taken to promote the formalization of employment and improve the functioning of the labour market, on the basis that the reduction of informality is one of the principal challenges to ensuring effective protection for workers. We also note with interest the measures taken to strengthen labour inspection and the action taken in the agricultural sector in coordination with the competent specialized bodies, with a view to preventing situations of undeclared work and other violations of labour rights. My delegation also notes that these measures are being taken in a context of economic growth, the promotion of investment and the creation of new opportunities for formal employment.

Finally, we note the explanations provided on the operation of the system of labour inspection in Argentina and the coordination mechanisms that exist between the various jurisdictions and bodies involved, and we encourage the continuation of efforts to strengthen institutional cooperation and the effectiveness of the inspection system. We urge Argentina to maintain constructive dialogue with the social partners, the ILO and other relevant actors with a view to the continued strengthening of its labour institutions and making progress towards the objectives pursued by the Conventions under examination.

Government member, Peru – Peru welcomes the information provided by the distinguished delegation of the Republic of Argentina on the application of Conventions Nos 81, 129 and 150. We note the information provided by the Government of Argentina on the measures adopted to strengthen the functioning of its labour inspection system and the existing coordination mechanisms between the national and provincial authorities within the framework of the federal structure. We also note the continued actions carried out under the National Plan for the Regularization of Labour (PNRT) and the inspection activities conducted during the period under review with the aim of promoting compliance with labour legislation. We welcome the information on cooperation with the RENATRE, focused on addressing the challenges related to unregistered work, the prevention of child labour and the protection of workers in rural areas. We also note the commitment of the Government of Argentina to further collaborating with the ILO and availing itself of the technical assistance of the Office in order to continue strengthening the capacities of the labour inspection system. Peru considers that exchanges of experience, technical cooperation and institutional strengthening are key to promoting the effective application of international labour standards, and encourages the continuation of the efforts made in this regard.

Observer, International Trade Union Confederation (ITUC) – As has been indicated, what is being discussed is more than a technical or administrative issue. The downgrading of the Ministry of Labour to a Secretariat has already been mentioned, which is particularly serious in the light of Articles 1 and 4 of Convention No. 150.

In addition to this, legislative measures are being adopted without adequate tripartite consultation and dialogue to introduce far-reaching labour reforms, in a clear departure from the principles of this Convention. The Committee of Experts has repeatedly maintained that high-impact labour reforms must be developed through genuine processes, in consultation with representative employers’ and workers’ organizations.

And yet, there is no such thing in Argentina. As noted, two days ago, a decree was issued under an act which exceeds the terms of the Act, without any consultation whatsoever of employers and workers. The trade union movement has indicated that the initiatives driven by the Government have not involved appropriate social dialogue, as required by Articles 3 and 5 of Convention No. 150. We note that these measures establish legislative restrictions on the exercise of freedom of association and collective bargaining, in many cases treating collective action as a security issue and, furthermore, imposing confiscatory fines. I will not refer to the General Survey given the limited time that we have been allocated, but we know that the main role of the labour administration is to promote social peace and sound industrial relations, and that this function must be carried out in accordance with the principles of freedom of association and collective bargaining.

In view of the direction in which our country is heading, promoting the extension, by gradual stages, of the functions of the system of labour administration in accordance with Article 7, involves the coverage of workers with non-standard work arrangements. This is a matter of concern in the light of Convention No. 150, which conceives of labour administration as an active system for the protection and effective application of labour rights. There is a lack of social dialogue, a lack of consultation with employers and workers, and a lack of cooperation. Furthermore, while it is true that there is a body called the Federal Labour Council, it is instructive for the Committee to know that, between 2000 and 2023, the Council held 124 plenary sessions, and that since December 2023, over a period of 30 months, it has only met twice.

According to an ITUC global report on compliance with rights, Argentina is one of the ten countries with the worst ranking for violations of human and trade union rights. It is important to make this point here because we are talking about labour administration and the protection of workers.

We reiterate that Argentina is experiencing, on the one hand, a process of “delabourization” with the loss of protection for workers and, on the other hand, a process of the dismantlement and breaking up of the State. We could call it a perfect storm because even the rights that remain are not guaranteed due to the inaction of the State.

Reference has been made here to a crisis. But the crisis cannot be resolved by destroying the social justice that has always been a source of pride for Argentina. We therefore reaffirm that the observations of the Committee of Experts and of the trade unions of Argentina, supported by the Trade Union Federation of the Americas (CSA) and the ITUC, point to serious failures of compliance with the principles and requirements of Conventions Nos 81, 129 and 150, and the Committee must therefore take due note of the gravity of the situation.

Observer, Education International (EI) – At the outset, I would like to align myself with every word, letter and full stop of the intervention by the joint secretary-general of the General Confederation of Labour (CGT). I am speaking on behalf of the workers of Argentina, members of the CTA, the CSA and the ITUC, and also on behalf of Education International, to express our deep concern at Argentina’s non-compliance with its commitments under Conventions Nos 81, 129 and 150.

Our concern is even greater because these issues have already been raised in this forum. Two years ago, during the discussion of the General Survey of the Committee of Experts on systems of labour administration and the application of Convention No. 150 and Recommendation No. 158, the trade union confederations of Argentina denounced the beginning of a process of institutional dismantling, reflected in the reduction of public programmes, the weakening of employment policies, the downgrading of the Ministry of Labour to a Secretariat and mass dismissals in the national public administration.

In this regard, and in line with the report of the Committee of Experts on non-compliance with Articles 1(b), 4, 7 and 10 of Convention No. 150, we have to report that the process of reducing public employment has been continued through dismissals of permanent staff, the non-renewal of employment relationships and voluntary retirement programmes impacting different areas of the national administration, all without effective consultation with the representative trade unions.

These measures not only affected the working conditions of thousands of State employees, but also weakened institutional capacities, technical expertise and the State’s presence throughout the country. Staff reductions in strategic agencies have undermined labour administration, the implementation of public policies and the effective access of the working population to rights recognized by the national legislation and international Conventions.

The crisis in social dialogue is another manifestation of non-compliance with Article 5 of Convention No. 150, as noted in the report of the Committee of Experts. In this regard, trade unions had to formally request the Government to convene the National Council on Employment, Productivity and the Minimum Living and Adjustable Wage, denouncing the failure to comply with the schedule of meetings set out in its own rules. The ongoing unilateral fixing of insufficient wage increases by the Government and the absence of periodic reviews constitute a serious infringement of the principles of consultation, participation and social dialogue enshrined in the Convention.

With respect to the comments by the Committee of Experts concerning non-compliance with Conventions Nos 81 and 129, it should be highlighted that this has occurred within the context of a labour reform that has not respected social dialogue or, worse still, its regulation; and which has undermined historic protection mechanisms, promoting deregulation processes that are not consistent with effective labour inspection, eliminating systems that penalize unregistered work and prioritizing voluntary regularization over State control.

All this is taking place in the context of the closure of thousands of small and medium-sized enterprises; mass dismissals in the private and public sectors; a marked fall in the purchasing power of workers and retirees; cuts to funding for public education, universities, science, technology and health care; attacks on trade unions, with the imposition of extremely heavy fines when a union calls a strike, as in the cases of the Association of Aeronautical Personnel (APA), the Tram Drivers’ Union (UTA), the La Fraternidad trade union and some teachers’ trade unions belonging to the Confederation of Education Workers of Argentina (CETERA); interference in unions, as in the case of the Metalworkers’ Union (UOM); the persecution of union leaders; and the repression of social protest, which almost claimed the life of a photojournalist.

The results of all this are documented in the ITUC’s recent Global Rights Index, in which Argentina has been ranked as one of the worst ten countries for workers’ rights.

Therefore, given the severity of the situation, we call on the Committee to firmly urge the Government of Argentina to adopt urgent measures to strengthen labour inspection and administration, restore social dialogue and ensure compliance with the obligations assumed under Conventions Nos 81, 129 and 150.

Social justice is not an aberration, as the President of Argentina maintains, but a necessary condition to guarantee peace and general well-being. The trade union confederations will defend this in the ILO and in the streets, by striking and by fighting together with the whole of the working class.

Observer, Building and Woodworkers’ International (BWI) – The BWI represents workers in construction, building materials, wood forestry and related sectors across the world, and our intervention focuses on the importance of effective labour inspection, labour administration and social dialogue for workers in sectors categorized by high levels of informality and occupational risk.

We note with concern the observation of the Committee of Experts regarding the functioning of the labour inspection system, including concerns at the number of inspectors, resource constraints and difficulties affecting inspection activities at both the federal and provincial levels. We also note the concerns raised regarding coordination within the inspection system and the need to ensure effective supervision under a central authority. Labour inspection is one of the most important tools for ensuring that labour legislation is respected in practice. In sectors such as construction, inspectors play a vital role in identifying unregistered work, protecting vulnerable workers and preventing accidents and protecting workers’ lives.

We therefore share the Committee of Experts’ concerns regarding the capacity of the inspection services and the resources available to carry out their mandate effectively. A strong labour inspectorate requires adequate staffing, operational resources and the ability to reach workplaces throughout the country, including remote areas. The BWI is also concerned at the persistence of unregistered work. In construction and related sectors, informality is often associated with poor working conditions, lack of social protection and increased occupational health and safety risks. Effective labour inspection is essential to address these challenges and ensure a level playing field for workers and employers alike.

We further note the concerns raised regarding labour administration and the functioning of tripartite dialogue mechanisms. For workers in our sectors, social dialogue is essential for improving working conditions, strengthening workplace safety and addressing labour market challenges. Effective consultation and cooperation between governments, employers’ and workers’ organizations remain fundamental components of a well-functioning labour administration system. The BWI therefore supports the Committee of Experts’ request for the Government to strengthen labour inspection capacity, ensure effective labour administration and maintain meaningful consultation and cooperation with the social partners in order to combat informality, improve occupational safety and health and ensure decent work for all workers.

Observer, IndustriALL Global Union – IndustriALL Global Union has 550 member organizations and represents over 50 million workers in the mining, energy and manufacturing sectors throughout the world. The dismantling and reduction of State financing by the Government of Argentina is harming workers in all sectors. It is causing a reduction in quality and rigour in all types of work, affecting health and safety and resulting in more precarious conditions, including in formal work. This approach can be considered a violation of Conventions Nos 81, 129 and 150, which relate principally to the system of supervision, administration and enforcement of labour legislation.

IndustriALL also wishes to express its deep concern and total rebuttal of the decision by the National Labour Appeal Chamber of the Republic of Argentina. Court VIII of the Chamber applied a 180-day judicial intervention to the Metalworkers’ Federation of the Republic of Argentina (UOMRA), one of the principal industrial unions in the country and a long-standing member of our global trade union federation.

In so doing, it invalidated the national elections in which the current general secretary was re-elected. It subsequently destituted the elected general secretary and officers and declared the organization to be without leadership, which means that metalworkers are still awaiting the wage adjustments achieved through joint collective bargaining, because no one in the national secretariat is empowered to conclude joint agreements.

IndustriALL considers that the judicial decision amounts to serious interference in trade union independence and is a dangerous precedent for freedom of association and democracy in Argentina. The destitution of democratically elected authorities and the interference in the internal affairs of a trade union are in violation of the principles established by Convention No. 87 and offer a clear indication that in Argentina there is no adequate labour administration, in accordance with Convention No. 150.

This situation has occurred in a context of the increasing deterioration of the living conditions of workers in Argentina, characterized by the loss of purchasing power, the implementation of regressive labour reforms and the weakening of collective bargaining and social dialogue mechanisms.

IndustriALL notes with concern the use of judicial mechanisms to remove legitimately elected trade union leaders, as a means of discipline against organizations that defend wages, collective bargaining, national industry and labour rights.

We therefore urge the authorities of Argentina to guarantee full respect for trade union freedom and independence, the normal democratic functioning of workers’ organizations and compliance with the international Conventions ratified by the State of Argentina.

Government representative – The nation is undergoing a process of reform. The Government is committed to analysing its consequences and requesting the technical assistance of the Office to evaluate the operation of the labour inspection system at the federal and provincial levels, as well as labour administration. Moreover, even though the Government of Argentina is committed to keeping the Committee of Experts informed on the matters raised in its report, it should be emphasized that the comments made do not amount to serious failings of compliance. For the reasons indicated, it is respectfully requested to have recourse to other measures to resolve the matters raised. I also wish to add that those points on which no information has been provided here will absolutely be covered by the next report.

I wish to thank the representatives of Honduras, Costa Rica, Chile, Paraguay, Panama and Peru for their assessments, knowledge and understanding of the situation related to Conventions Nos 81, 129 and 150. However, we regret that many interventions strayed from the main focus of the discussions and introduced political elements, which make it necessary to note certain concepts.

I have listened attentively and respectfully to the criticisms raised on issues that, as noted above, have strayed from the central issues in this discussion. Nevertheless, I have listened to them with great attention because, in a democracy, criticism is legitimate and in these bodies where governments, employers and workers are represented it is also legitimate to respond with facts, which are extraordinary in that they are immune to ideology and do not take into account prejudices or false claims. Facts are stubborn and obstinate and merely correspond to reality. We have listened carefully to the claim that the Government has legalized instability: allow me to recall that, when the Government took office in December 2023, Argentina was in a deep crisis: the consolidated deficit of the treasury and the Central Bank was over 15 per cent of GDP, destitution was growing and 41.7 per cent of the population were affected by poverty. Inflation was one of the highest rates in the world and was rising by around 1 per cent a day. Perhaps this framework and this situation may be considered by some as legally stable at that time. Argentina had a Ministry of Labour, not a Secretariat of Labour. With reference to the opinions expressed concerning the intervention relating to the Metalworkers’ Federation, it should be noted that that intervention was made by the Argentine courts and, in accordance with the unequivocal words of Montesquieu, there is a clear division of power in Argentina. Some of those in the room were predicting the collapse of Argentina. Nevertheless, there have been no national strikes under the current Government, when in comparison, in two-and-a-half years, there were a record four such strikes under the previous Government. It is nevertheless important to recall that in 2023 the people of Argentina, weary of such lack of wisdom and incompetence by a desolate Government, decided to change direction, and since then the results have begun to be seen: the economy of Argentina grew by 4.4 per cent in 2025 and the International Monetary Fund predicts additional growth of 3.5 per cent in 2026, which is much higher than the regional average, estimated at 2.3 per cent. Inflation has fallen to an inter-annual variation of 32.4 per cent, with a monthly rate of only 2.6 per cent in April for the first time since 2010. Argentina achieved a financial surplus in 2025, equivalent to 0.3 per cent of GDP, and in the first quarter of 2026 had a financial surplus and a primary surplus. While some predicted financial isolation, exports have grown by over 33 per cent a year and the country is approaching a historical record of nearly 100 billion dollars. Even though people were talking about a supposed avalanche of imports, in over a year imports fell by 4 per cent. And while questions were being raised about the capacity to attract foreign currency, Argentina achieved a trade surplus of over 11 billion dollars and its international reserves reached their highest level since 2019. A nation is not a set of calculations, a nation is its people, and we therefore need to look at what has happened at the individual level. Several million citizens of Argentina have emerged from poverty, and the index fell from its maximum of 52.9 per cent in the first half of 2024 to 28.2 per cent in the second half of 2025. The universal child allowance, the social subsidy provided by the Government, increased by over 500 per cent in relation to December 2023 and recuperated over 100 per cent of its real purchasing power. The food benefit, for which the social subsidy was increased by 137 per cent, extended its coverage to over 600,000 young persons and, while some claim that the reforms were destroying employment, the unemployment rate was 7.5 per cent, once of the lowest levels in recent decades, with the current labour market participation rate considered to be high. Around 40 per cent of workers in Argentina continue to be affected by labour informality and, precisely for this reason, the National Congress adopted a new Labour Act designed to promote formalization, provide incentives for recruitment and adapt the legislation to the new production and technological situation. However, none of this means that there are no more problems or that the Government is infallible, and that there are no mistakes to be corrected. But its meaning is much more simple and much more weighty: that the citizens of Argentina decided democratically to take the opportunity of change and did so using the most powerful tool of democracy, their votes.

It has been said that the Government is authoritarian. With over 40 per cent support at the national level, in October 2025, the people of Argentina approved of the course set by the Government and considerably strengthened the parliamentary representation of the governing party, thereby supporting the reforms discussed and approved by the National Congress. Even so, it does not have a majority in either of the two chambers. It is important to recall that this was the context in which the new Labour Act was approved even though, both in the Chamber of Deputies and the Senate, the Government was in a clear minority. This leads to a reflection: it was under the guidance of the Government, and with the final decision of a people that, with better vision than its own leaders, chose the best path to ensure a future of growth and stability. The changes met with resistance, but the vision of the people involved a growing collective awareness that if we always do the same, we will have the same miserable results. This shows, as taught by history, that nations do not fail when they confront difficulties, but when they lose the will to overcome them. Argentina has found this will once again, and it has done so by dissipating the dark and artificial clouds planted by the meteorologists of chaos who appeared to enjoy making false forecasts of disaster.

Worker members – At the outset, I would like to thank the Government of Argentina for its participation in this discussion and for the information provided to the Committee. We also thank the Committee of Experts for its examination of the application of Convention No. 150. We thank all those who contributed to the debate.

The discussion we are having today has confirmed that the concerns raised by the Committee of Experts are neither isolated nor theoretical. Rather, they point to a continued deterioration in the functioning of the labour administration system in Argentina and serious shortcomings in the application of Convention No. 150 in both law and practice. Throughout this discussion, the Government has sought to present the reforms undertaken as necessary administrative adjustments designed to improve efficiency and modernize public administration. However, the evidence before this Committee paints a very different picture. Convention No. 150 is founded in the understanding that labour administration is not a peripheral state function. It is a cornerstone of social justice, social dialogue and sound labour relations.

As the Committee of Experts has repeatedly recalled, labour administration systems are essential for the development, implementation and monitoring of labour policy and for ensuring that workers and employers alike can benefit from effective labour market governance. We remain deeply concerned at the downgrading of the Ministry of Labour to a Secretariat, a measure that has diminished the visibility, authority and institutional standing of the labour administration system. Equally troubling are the significant reductions in staffing levels and the loss of technical expertise within the labour administration system. Convention No. 150 requires not merely the existence of administrative structures, but their effective functioning. Such effectiveness cannot be achieved when experienced personnel are dismissed, specialized capacities are weakened and public officials are deprived of the security necessary to carry out their functions independently and professionally. In this regard, we remain particularly concerned by the reforms affecting public sector employment and the provisions allowing dismissals based on so-called optimal staffing levels. Such measures appear fundamentally incompatible with Article 10 of Convention No. 150, which seeks to ensure that staff members enjoy a status and conditions of service that safeguard them from improper external influence, especially labour administrators, including labour inspectors. As the Committee of Experts has observed, the number of labour inspectors remains wholly inadequate in relation to the size of the workforce and the territory to be covered. The shortage of inspectors coupled with insufficient resources, transport and operational support significantly limits the capacity of the inspection system to perform its essential functions. Effective labour administration cannot exist where labour inspection lacks the resources necessary to enforce labour legislation and protect workers’ rights.

Perhaps one of the most concerning themes emerging from this discussion is a deterioration of social dialogue. Convention No. 150 places consultation, cooperation and negotiation with the most representative organizations of workers and employers at the very heart of labour administration. The Workers’ group wishes to emphasize that the concerns raised under Convention No. 150 cannot be viewed in isolation. As several speakers have noted, they form part of a broader pattern affecting the labour governance framework as a whole. The issues before us intersect directly with concerns previously raised under the labour inspection Conventions, as well as with the broader questions regarding freedom of association, collective bargaining and social dialogue.

Taken together, they suggest a sustained weakening of institutions designed to protect workers’ rights and promote decent work.

The purpose of this Committee is not merely to identify shortcomings, but to assist Member States in achieving compliance with their international obligations. The Workers’ group therefore believes that this case requires strong and concrete conclusions.

We call upon the Government of Argentina to take immediate and effective measures to ensure the full application of Convention No. 150. In particular, we urge the Government to: restore and strengthen the institutional capacity, authority and resources of the labour administration system, in accordance with Articles 4 and 10 of the Convention; ensure that labour administration personnel enjoy the security of tenure, independence and professional guarantees necessary for the proper discharge of their functions; significantly increase the human, financial and operational resources available to labour inspection services, so as to guarantee effective enforcement of labour legislation throughout the national territory; ensure that workers in non-standard forms of employment, including platform workers, benefit from adequate protection and are effectively covered by labour administration services; re-establish and strengthen genuine, tripartite social dialogue mechanisms at the national, regional and sectoral levels and ensure that all labour reforms are developed through meaningful consultation with the most representative organizations of workers and employers; carry out, in consultation with the most representative workers’ and employers’ organizations, a comprehensive evaluation of the functioning and capacity of the labour inspection system throughout the national territory, including updated information on the number of labour inspectors, their territorial distribution, the human, technical and financial resources available and the measures taken to ensure effective compliance with labour legislation and ratified Conventions; accept a direct contacts mission of the ILO with the aim of assessing the situation and providing the needed technical assistance to strengthen coordination between the national and provincial authorities responsible for labour administration and inspection, taking into account the constitutional distribution of competences between the national State and the provinces; and, in that regard, convene a process of tripartite and federal social dialogue with the participation of the national and provincial authorities, the most representative organizations of workers and employers and the support of the ILO with the aim of identifying obstacles that affect the effective application of labour legislation, agreeing on correct measures and strengthening the implementation and compliance with ratified Conventions throughout the national territory; and report to the Committee of Experts, by 1 September 2026, on the progress made in the implementation of these measures and on the results of these processes of dialogue and institutional coordination.

Employer members – In the first place, I would like to give thanks to the Government representative of Argentina for the explanations and comments made today, as well as to all those who contributed to the discussion of the case of the Republic of Argentina. It should be noted that, although we have listened carefully and seriously to all the statements made in the room, we do not agree with most of them and we will confine the conclusions of the case to matters covered by Conventions Nos 81, 129 and 150.

On this basis, we will begin by reaffirming that, in the view of the Employer members, the existence of different administrative levels is not in itself incompatible with the Conventions. However, we will encourage the Government to strengthen existing coordination mechanisms, particularly for the compilation of statistics, the exchange of information and the joint planning of inspection activities.

With regard to material, financial and human resources for inspection and annual reports, we consider it particularly important for the Government to provide objective information on the real impact of the measures adopted on inspection activities and on the measures adopted to improve the efficient allocation of resources, as well as the application of new technologies in inspection services, in accordance with Articles 20 and 21 of Convention No. 81.

In relation to the measures adopted to ensure the application of penalties for unregistered work, in the view of the Employer members, they are fully in line with Article 18 of Convention No. 81 and we consider them to be adequate, now that the dual penalty that existed previously has been removed.

With reference to labour inspection in agriculture, the Employer members fully endorse the importance of ensuring effective supervision in the agricultural sector, taking into account the specific characteristics of the sector, the geographical dispersion of workplaces and the serious nature of certain violations that may occur in rural areas.

We therefore call on the Government to continue strengthening the coverage and effectiveness of the activities carried out in the agricultural sector, particularly in remote rural areas, and to provide additional information on the measures adopted to strengthen the specialized technical capacities of inspectors and improve coordination between the various competent institutions.

Turning to the functioning of the labour administration system, the Employer members recall that Convention No. 150 does not set out a specific administrative structure or impose a determined institutional model. It is therefore for each Member State to determine the organization of its public administration, in accordance with national needs and priorities. In any event, irrespective of the structure adopted, we agree that Articles 4 and 10 of the Convention set out the requirement for the system of labour administration to operate effectively and to be provided with adequate resources for the performance of its functions.

On the subject of consultation and social dialogue, we encourage the Government to take the necessary measures to ensure consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, with the maintenance of existing dialogue mechanisms and the strengthening of the social partners so that these social dialogue mechanisms can prosper. The Employer members understand that this case raises real institutional challenges relating to resources, coordination and administrative capacity.

Nevertheless, the matters raised appear to mainly reflect operational and institutional difficulties in a broader context of administrative and fiscal reform, rather than a deliberate refusal to give effect to Conventions Nos 81, 129 and 150 or a situation of serious or systematic failure of compliance.

We therefore encourage the Government to continue collaborating closely with the Office, to benefit, where necessary, from technical assistance and to provide additional information, including the annual reports required by Convention No. 81, which allow a precise assessment of the overall effectiveness of the system of labour inspection and administration.

The Employers support a labour inspection system in Argentina that is efficient, predictable and technically competent. A weak inspection system is not only prejudicial to workers, but also gives rise to unfair competition by the failure to ensure uniform compliance with labour requirements by all enterprises. We also understand that social dialogue is essential for an effective labour administration.

Emphasis should be placed on the key role played by tripartite institutions and the importance of the effective participation of employers and workers in labour policies, in accordance with Convention No. 150. We therefore urge the Government to take measures to guarantee consultation, cooperation and negotiation, by maintaining existing social dialogue mechanisms with the most representative organizations of employers and workers. The strengthening of labour institutions, the improvement of federal and provincial coordination, and the development of effective inspection systems are objectives that are shared by Governments, workers and employers.

Chairperson – This concludes the discussion of this case. I thank the Government representative of Argentina for participating in the discussion and all the speakers who took the floor.

Conclusions of the Committee

The Committee took note of the written and oral information provided by the Government and of the discussion that followed. It also took note of the observations of the Committee of Experts concerning reductions in the human, operational, and financial resources available to the labour administration and labour inspection services.

Taking into account the discussion, the Committee urged the Government to take immediate, effective and time-bound measures to:

ensure the proper functioning of adequate and effective tripartite social dialogue mechanisms at national, regional and sectoral levels and ensure that labour reforms are developed through meaningful consultation with the most representative organizations of workers and employers;
carry out, in consultation with the most representative workers’ and employers’ organizations, a comprehensive evaluation of the functioning and capacity of the labour inspection system throughout the national territory, including updated information on the number of labour inspectors, their territorial distribution, the human, technical and financial resources available, and the measures taken to ensure effective compliance with labour legislation, and ratified Conventions; and
strengthen coordination between the national and provincial authorities responsible for labour administration and inspection.

Taking into account the issues raised, the Committee recommended the Government to avail itself to the ILO technical assistance if needed.

The Committee requested the Government to report to the Committee of Experts by 1 September 2026 on the measures taken to implement the above recommendations and the results achieved.

Government representative – We would like to express our sincere gratitude to the Committee and the ILO for the consideration given to the arguments presented by Argentina in the Conference Committee, and to emphasize how highly we value this opportunity for dialogue. It is important for us to highlight that the country is currently undergoing a period of growth and of laying the foundations for the future. In this regard, we are confident that any challenges or shortcomings identified in previous requests will be addressed. We therefore reaffirm our firm and unequivocal commitment to cooperate in every way necessary to advance this work.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) in a single comment.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 29 August 2025, the joint 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 on 31 August 2025, and the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Convention No. 150, received in 2023 and on 1 September 2025.

Labour inspection

Articles 4, 10, 11, 16 and 24 of Convention No. 81 and Articles 7(1), 14, 15 and 21 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of inspections. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. Further to its previous comments, the Committee notes the information provided by the Government in its report on the inspection activities carried out between 2022 and June 2025 in the context of the “National Plan for the regularization of labour (PNRT)” and under the full jurisdiction of the Ministry of Labour, Employment and Social Security (Ministry of Labour), and also with respect to unregistered work. The Committee also notes the Government’s indication that the Ministry of Labour has a total of 308 inspectors at the national level. The Committee observes that in 2023, the Labour Inspectorate had 385 inspectors and 312 inspection auxiliaries.

In this regard, the Committee notes that the CGT RA highlights the insufficient number of labour inspectors for industrial and commercial work, and asserts that things are getting worse in the provincial administrative departments. The CGT RA also indicates that the policy of expenditure cuts and austerity may be having an impact on the recognition of travel allowances, vehicle renovation and secondments, which are essential for the inspectorate to conduct operations in remote areas. The ATE and CLATE express concern at the drastic reduction in the number of inspectors, preventing their work from being effective; they assert that the policy for the registration of employment has deteriorated, and refer to the weakening of inspection services because of the delegation of activities in the provincial administrative departments, as well as the problems of obtaining statistics. The Committee also notes that the CTA Autonomous assert that the current distribution of competencies in the area of labour inspection between the federal Government and the provinces, and also the small numbers of inspection officials, have resulted in inefficiency in the labour inspection system, with a direct impact on the high rate of unregistered work. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure that: (i) the number of labour inspectors is sufficient to ensure the effective performance of inspection duties; (ii) labour inspection is under the supervision and control of a central authority in practice; and (iii) labour inspectors are equipped with the necessary transport facilities to perform their duties. While the Committee understands the delegation of duties to the provinces and the possible difficulties of collecting information, it also requests the Government to conduct an evaluation of the operation of the labour inspection system with a view to identifying shortcomings relating to coordination and the number of inspectors at the federal and provincial levels, and to provide information on the number of labour inspectionscarried out at the provincial level, the sectors covered and the penalties imposed.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour has 308 inspectors at the national level, of whom 256 have tenure and 52 are employed on contracts. The Committee notes that the CGT RA maintains in its observations that although the Ministry of Labour complies with the terms of the Convention, the policy of expenditure cuts and austerity has resulted in dismissals in the public administration, endangering the independence of staff. The Committee expects that all necessary steps will be taken to ensure that the whole staff of the inspectorate is composed of public officials whose legal status and conditions of service guarantee stability in employment. The Committee also requests the Government to provide information on the number of inspectors having tenure and the number employed on contracts at both the federal and provincial levels.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. Further to its previous comments, the Committee notes the Government’s indication that Bill No. 1381/18 concerning the regularization of unregistered workers has not been adopted. The Committee also notes that the CGT RA, ATE and CLATE assert that by Act No. 27.742 of 27 June 2024 on the basic criteria for the freedom of Argentine citizens, the Government repealed various regulations that established penalties for failure by employers to comply with their obligation to register workers. The CGT RA indicates in particular that the failure to impose fines in these cases signifies a weakening of the enforcement function of the Labour Inspectorate. The Committee requests the Government to provide information on the steps taken to ensure that penalties for unregistered work are adequate and are applied effectively.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report.The Committee once again urges the Government to take the necessary 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.

Issues specifically related to labour inspection in agriculture – Convention No. 129

Articles 6(1), 7, 14 and 15 of Convention No. 129. Functions of labour inspection in agriculture. Number of inspectors. Central authority. Further to its previous comments, the Committee notes the Government’s indication that it continues to work in coordination with the National Registry of Rural Workers and Employers (RENATRE) on the monitoring and registration of workers, within the framework of a cooperation agreement. In this regard, the Government indicates that, as a result of their joint activities, 268 establishments were inspected in 2022, 313 in 2023 and 134 in 2024, resulting in the imposition of 188, 238 and 93 penalties, respectively. In addition, six cases of child labour were detected in 2022, six in 2023 and two in 2024, as well as seven, 18 and four cases of labour involving young persons detected for the same years, respectively. The Committee also notes the information provided by RENATRE on the technological advances implemented in labour inspection in agriculture since 2024. The Committee also notes the indication by the CGT RA that the decentralization of the inspection system is causing regional disparities, since provinces with greater resources are more active in terms of inspections, while in remote rural areas inspection is almost non-existent. In particular, the CGT RA highlights the following problems: (i) an insufficient number of inspectors in agriculture, where the size of the territory and the dispersion of workers make effective coverage difficult; (ii) unregistered work, which is significantly prevalent in rural areas; (iii) persistent rural child labour, labour exploitation and trafficking, and inhumane conditions; (iv) lack of institutional coordination, since the coexistence of national and provincial agencies and RENATRE leads to an overlap of functions and, in some cases, gaps in monitoring; and (v) policies of austerity in public spending, which jeopardize the continuity and strengthening of inspection services in general and rural inspectorates in particular. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure the effective functioning of the labour inspection system in agriculture, including in the remote rural areas referred to by the CGT RA. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that, in practice, labour inspection in agriculture is under the supervision and control of a central body, including information on coordination between the various national and provincial bodies and RENATRE. The Committee further requests the Government to continue providing information on the measures taken under the cooperation agreement with RENATRE aimed at reducing unregistered work.

Labour administration – Convention No. 150

Articles 1(b), 4, 7 and 10 of the Convention.Effective functioning of the labour administration system. Coordination. Resources and staff. Gradual extension of the functions of the labour administration with regard to untypical forms of employment. The Committee notes the Government’s indication in its report that, by means of Decree 8/2023 of 10 December 2023, the Ministry of Human Capital was created, which took over the commitments and obligations of the Ministry of Labour, the Ministry of Education, the Ministry of Culture, the Ministry of Social Development and the Ministry for Women, Gender and Diversity (section 10). The Committee also notes the organization charts of the new ministry provided by the Government, according to which the current Secretariat of Labour reports to the Ministry of Human Capital. In this regard, the Committee notes that the CGT RA, ATE and CLATE express concern in their observations that the Government has downgraded the Ministry of Labour to the status of Secretariat of Labour. The Committee further notes that the ATE and CLATE also state in their joint observations that: (i) there have been 50,000 dismissals, although none in the area of labour inspection; (ii) the state inspectorate is overburdened and its functions overlap with those of the Province of Buenos Aires, the Autonomous City of Buenos Aires and other agencies; and (iii) Act 27.742 reformed the Framework Law on the regulation of national public employment (Act 25.164), allowing staff with tenure to be dismissed if, in the Administration’s opinion, the optimum staffing level required has been exceeded.

The Committee also notes the indication by the CGT RA in its observations that, since December 2023, the Government has implemented a policy of adjustment and dismantling of the national public sector, including in the area of labour administration and also in the provincial states. In particular, the CGT RA indicates the following: (i) several bodies dealing with gender and discrimination in 2024 have been dissolved and public policies for the inclusion of vulnerable sectors in the labour market have been discontinued; (ii) more than 3,000 posts have been eliminated in the Social Security and National State Revenue Agency; (iii) with regard to the platform economy, problems have been identified relating to job instability, lack of appeal mechanisms and access to information, and occupational risks; and (iv) various regulations enacted by the Government, which have been suspended by the courts, have affected labour administration and labour relations. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure the effective organization and functioning of the labour administration system, as provided for in Articles 4 and 10 of the Convention. The Committee further requests the Government to provide information on the measures taken or planned to gradually promote the extension of the functions of the labour administration system to workers in non-standard forms of employment untypical forms of employment, in accordance with Article 7 of the Convention.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee notes that the CGT RA states in its observations that, following the measures implemented by the Government since December 2023, social dialogue in institutional terms has been weakened. In particular, the union indicates the following: (i) the Economic and Social Council has been abolished; (ii) the National Committee for the Elimination of Child Labour is virtually paralysed, with no tripartite meetings; (iii) the normal functioning of the National Council on Employment, Productivity and the Minimum Wage (CSMVM) has been obstructed; (iv) few tripartite actions have been taken to implement the Decent Work Country Programme (DWCP) 2022–25; (v) the labour administration is delaying the approval of agreements negotiated collectively between trade unions and employers, and is attempting to establish “ceilings” to limit wage increases unilaterally; and (vi) there are outstanding structural challenges in the area of occupational safety and health, particularly with regard to the lack of institutionalized tripartite social dialogue. The Committee also notes that CTA Autonomous asserts that the CSMVM has flaws in its composition, structure and operation which have called into question the legitimacy of its decisions for years. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee further requests the Government to provide information on the progress achieved in this regard, including information on the functioning of the above-mentioned tripartite bodies.

The Committee reminds the Government that it has the possibility of requesting technical assistance from the ILO, including with regard to the provincial administrative departments.

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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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) in a single comment.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received in 2018 and 2022.

Articles 4, 10 and 11 of Convention No. 81 and Articles 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. In relation to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security (Ministry of Labour) has 385 inspectors and 312 inspection auxiliaries at the state level. However, the Committee notes that the CGT RA refers in its observations to a deficit in inspection staff in the provinces, in proportion to the duties concerned and the geographical area in which they are performed. The Committee requests the Government to provide its comments on the observations made by the CGT RA. The Committee also requests the Government to continue providing information on the budget available for labour inspection, disaggregating information for central and provincial structures, and on the number of inspectors at the national level.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comment on training given to inspectors, the Committee notes that the CGT RA refers to the need to carry out specific training and inspections to tackle the problem of inspection in agriculture, and to the deficiencies in training for inspectors outside the Occupational Risk Supervisory Authority (SRT). In this regard, the Committee welcomes the Government’s indication regarding the formulation and implementation of the “Comprehensive training plan for a modern and efficient labour inspectorate in Argentina”, developed jointly with the ILO, which includes a module on labour inspection in the rural sector. In this regard, the data supplied by the Government indicate that enrolments in modules of this plan totalled 440 in 2018, 430 in 2019 and 990 in 2021. The Committee also notes that the Government provides statistics on the various training activities conducted for inspectors and inspection auxiliaries outside the framework of the comprehensive plan in the 2019–21 period, including courses on occupational safety and health and child labour, and indicating the number of enrolments for each training course. The Committee notes this information, which responds to its previous request.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In relation to its previous comment, the Committee notes the Government’s indication that a cooperation agreement was signed in 2019 and an additional protocol in 2020 between the then Government Secretariat for Labour and Employment and the National Register of Rural Workers and Employers (RENATRE), a non-governmental public body, to carry out joint labour inspection operations in rural areas, reinforce controls, and avoid duplication of activity. The Government indicates that the focus is placed on verifying that rural workers are registered properly and declared in the unified social security system, that employers and workers are properly registered in RENATRE, and that establishments and activities where child labour or evidence of labour exploitation is detected are identified at an early stage. In this regard, the Committee notes the Government’s indication that during the 2020–22 period a total of 476 establishments were recorded, of which 340 had committed infringements. The Government also indicates that RENATRE is developing a digital inspection system to contribute to the registration and regularization of rural workers. However, the Committee observes that no specific information has been provided on inspections carried out and infringements recorded in relation to occupational safety and health or conditions of work, such as working hours and wages. The Committee requests the Government to provide more information on the effect of the cooperation agreement with RENATRE, including inspections carried out within its framework, and its impact on improving conditions of work in agriculture. The Committee also requests the Government to continue providing information on: (i) inspection activities in agriculture and their characteristics, as well as on all measures taken to improve conditions of work in agriculture; and (ii) the functioning of the digital inspection system and its impact on labour inspection activities in agriculture.

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. With reference to its previous comment, the Committee notes the Government’s indication that the labour inspectorate is notified of occupational accidents and diseases under section 31(2) of Act No. 24557 of 1995, and that statistics are compiled on the number of occupational accidents involving workers covered by the occupational risks system, and these are published on the website of the Ministry of Labour. While noting this information, the Committee once again requests the Government to provide information on the steps taken to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17). The Committee also requests the Government to provide information on: (i) the possibility of associating the labour inspection services in agriculture with any inquiry carried out at the place where the events occurred; (ii) the causes of occupational accidents; and (iii) the cases of occupational disease that affect a number of workers or have fatal consequences (Article 19(2)).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive overview of issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate, and also the Government’s reply.

The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers and Employers (RENATEA) received on 2 September 2016.

Articles 3(1)(a), 4, 10 and 11 of Convention No. 81 and Articles 6(1)(a), 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. The Committee previously asked the Government to provide information on: (i) the measures taken to have a labour inspectorate functioning beneath a central authority and according to uniform criteria; (ii) the number of inspectors at the federal level and in each of the provinces (specifying the number of inspectors covering the rural sector), in proportion to the number of workplaces and workers in each of the provinces; (iii) the budget of the labour inspectorate, disaggregated between central and provincial structures; and (iv) the material resources available.

The Committee notes Act No. 26.940 on the promotion of registered work and the prevention of labour fraud, promulgated in May 2014 and welcomes section 37, which provides that when a local labour inspection department does not meet the requirements of the labour inspection Conventions or the requirements that derive from the Act, the Ministry of Labour shall exercise the corresponding powers in conjunction with the Federal Labour Council (CFT).

The Committee also notes the Government’s indication in its report that the number of labour supervisors and inspectors has been increasing since 2003 at the federal and provincial levels. According to the Government’s information, the monitoring and inspection of occupational safety and health has been reinforced through the assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces with new inspectors and new technological resources.

The Government indicates that there are 350 inspectors involved in the implementation of the National Plan for the Regularization of Labour (PNRT) who inspect a total of 595,155 workplaces (excluding public workplaces except for certain hospitals and schools) and 6,953,701 workers. The ratio is one inspector for 1,700 workplaces and 19,868 workers, though there are significant differences between provinces. For example, in the province of La Rioja each inspector covers a total of 325 workplaces and 4,633 workers, while the province of Córdoba has a ratio of one inspector for 4,626 workplaces and 45,945 workers. However, these figures only refer to registered workplaces and workers, and do not include figures for informal work, which is the focus of the PNRT.

The Committee also notes the Government’s information on budgetary matters and material resources, though the Government makes no mention of the rural sector and does not indicate the amount of the inspection budget.

For its part, the CTA Autonomous indicates that Act No. 26.940 still has not caused a real improvement in inspection services in Argentina. For example, it states that the Special Unit for the Inspection of Irregular Work (UEFTU), envisaged in the abovementioned Act for the purpose of analysing, investigating and evaluating situations of unregistered work and also any forms of illegal subcontracting and labour and social security fraud, has not even been established. It also repeats its previous observations concerning the lack of uniform inspection criteria, the inadequacy of the system of cooperation between the provinces and the Federal State, and the lack of inspectors and material resources.

The CGT RA recognizes the efforts made to increase the number of inspectors but considers that they are not enough.

The Committee requests that the Government: (i) provide information on the manner in which the Ministry of Labour, in conjunction with the CFT, will act as a substitute for a local service if the latter fails to meet the requirements of Conventions Nos 81 and 129; (ii) provide information on the application in practice of Act No. 26.940; (iii) indicate the total number of inspectors involved at the federal and provincial levels (indicating how many are assigned to the rural sector), disaggregated according to occupational safety and health, the PNRT or any other function; and (iv) explain the policy adopted for determining needs with regard to the number of federal and provincial inspectors. Lastly, the Committee requests once again that the Government indicate the budget for labour inspection, disaggregated between central and provincial structures, and the material resources available.

Cooperation in the context of MERCOSUR. The Committee previously asked the Government to provide information on joint activities undertaken in the Common Market of the Southern Cone (MERCOSUR). The Committee notes the Government’s information on joint activities implemented by Argentina, Brazil and Paraguay in June 2015 to combat and eradicate child labour, and also those undertaken in July 2015 by Argentina and Uruguay in the international goods and passenger transport sector.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide information on the measures taken to provide labour inspectors in the provinces with initial and further training which is adequate and geared to new technologies and conditions of work in workplaces liable to inspection.

The Government states in its report that the Ministry of Labour has implemented a training plan for inspectors to reinforce the labour inspection service throughout the country and that the numbers of labour inspectors who participated in training for each year of the 2011–15 period were 679, 242, 113, 288 and 100, respectively. These figures differ from those supplied by the Government in its reply to the observations of the CGT RA and the CTA Autonomous, according to which 617 inspectors attended training in 2014, while 778 took part in 2015. As regards agriculture, 311 inspectors participated in training in 2014 and 527 took part in 2015, though none of the courses appeared designed to provide supplementary training which was appropriate for their work. The Committee also notes that a joint training plan with the provinces is currently being prepared, which includes the implementation of a diploma in labour inspection. Lastly, the Government makes no mention of the initial training given to inspectors upon their entry into service.

The CGT RA indicates in its observations that there is a need for specific training in the rural sector. The Committee therefore requests that the Government provide information on both initial and further training given to inspectors, indicating its duration, content and the number of participants, and also on courses specifically designed for inspectors in the rural sector.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. The Committee notes once again that the Government has not provided any information on this matter. The Committee therefore requests that the Government provide information on the collaboration of technical experts and specialists with the inspection services, at the level of the different provincial jurisdictions, and also on the cooperation of the Occupational Risk Supervisory Authority (SRT) in this respect.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In its previous comment, the Committee asked the Government to send any information that it considered relevant regarding the observations of the CTA Autonomous alleging (particularly with regard to the harvesting of yerba maté) the inadequacy of inspection activities, a high incidence of undeclared work, a high accident rate, and a failure to report occupational accidents. The Committee notes the Government’s information that, since the start of the PNRT, the Ministry of Labour has undertaken periodic and regular inspections with regard to the harvesting of yerba maté. Since 2011, inspectors who have found camps of tareferos (workers engaged in artisanal harvesting) have reported the situation as presumed bonded labour, and they have also detected child labour and imposed the corresponding penalties. The various inspection activities in agriculture have resulted in a reduction in unregistered work. As regards the province of Misiones, where the situation had given rise to several days of protest between 2010 and 2012, the Government indicates that in addition to the inspections carried out, training has been given in occupational safety and health in relation to the yerba maté harvest and the working conditions of the tareferos, in terms of registration, safety and health, transport and occupational hygiene, have improved considerably.

However, the CTA Autonomous indicates that the problem was still unresolved in 2015. Similarly, the CGT RA indicates that the control and inspection functions in agriculture generally continue to be inadequate and much remains to be done to achieve decent work in agriculture. The Committee requests that the Government provide information on the number and type of inspection activities in agriculture, and also on all measures taken to improve working conditions in agriculture, particularly in relation to the harvesting of yerba maté. Lastly, the Committee again requests that the Government provide its comments on the CTA Autonomous previous indication that occupational accidents are often not reported.

Furthermore, observing that the Government has not replied to some of its previous comments, the Committee is bound to repeat part of its previous observation, which read as follows:

Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.

The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17) and to send a copy of any relevant legal text. It also requests that the Government indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), and the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide an overview of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers (RENATEA) received on 2 September 2016. The Committee requests that the Government provide its comments on these observations in so far as they concern the RENATEA.

Lastly, the Committee notes the observations made by the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) and of the Association of State Workers (ATE), both received on 5 July 2016.

Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Articles 6(1)(a), 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. In its previous comments, the Committee noted that the National Plan for the Regularization of Labour (PNRT) had been designed to incorporate irregular workers in the social security system and asked for information on the number of inspections dedicated to combating undeclared work in proportion to the number of inspections devoted to enforcement of the legislation relating to conditions of work and the protection of workers (including unregistered workers). It also asked the Government to provide information on any penalties that may have been imposed, indicating the legal provisions applied.

With regard to agriculture in particular, the Committee asked for information on inspection activities carried out in the sector (including in relation to child labour) and for statistics relating to violations of the labour legislation, indicating the legal provisions violated and the penalties imposed.

The Committee notes the information supplied by the Government in its report, to the effect that the Ministry of Labour, Employment and Social Security (hereinafter Ministry of Labour) carries out two types of inspection: (i) those deriving from the PNRT (at the provincial level); and (ii) those carried out at the federal level, in the context of Act No. 18.695 published on 6 March 1970, which regulates the penalty procedure for violations of the provisions governing the performance of work and covers all aspects of labour inspection in the goods and passenger transport sector and in dock work. According to the Government, between 2011 and 2015, inspections under the PNRT accounted for 88 to 94 per cent of all inspections, depending on the year. In most cases, the penalties imposed on the basis of these inspections were for the non-registration of workers in the social security system. With regard to occupational safety and health (OSH), the Government indicates that the inspection function of OSH inspectors has been reinforced through assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces.

With regard to the above, the Committee notes the Government’s statements that the activities carried out under the PNRT do not appear to cover the main functions of labour inspection sufficiently, particularly as regards the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee draws the Government’s attention to paragraphs 44 et seq. of the 2006 General Survey on labour inspection, which indicate that conditions of work and the protection of workers while engaged in their work should be the main area of competence of labour inspectorates. The term “conditions of work” covers many issues, including hours of work, wages, safety and health, the employment of children and young persons, weekly rest, holidays, and the employment of women. The expression “protection of workers while engaged in their work” refers to social protection and to the fundamental rights of workers, covering areas such as the right to organize and engage in collective bargaining, conditions of termination of employment, and social security. While noting the efforts made by the Government with regard to the regularization of workers, the Committee requests that the Government provide information on the number and nature of inspection activities carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women), as well as 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. In its previous comments, the Committee had asked the Government to provide information on the measures adopted to guarantee labour inspectors, at both the central and the provincial levels, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.

The Committee notes the Government’s indication that all labour supervisors and inspectors come within the scope of the Framework Act on the regulation of national public employment (Act No. 25.164), and that they have the status of civil servants. However, under section 7 of that Act, staff may come within the scope of the stability system or the contract system or belong to the cabinet staff of the higher authorities.

According to section 9 of Act No. 25.164, the incorporation of staff into the contract system takes place solely for the provision of temporary or seasonal services which are not included in the functions of the career system and cannot be covered by permanent staff. Moreover, the number of staff recruited under this system may in any case not exceed the percentage established in the collective labour agreement.

The Committee notes the observations of CLATE and ATE indicating that in April 2016 a total of 97 individuals were dismissed from inspection work at the Ministry of Labour, of whom 31 were labour inspectors. According to the list provided, in the vast majority of cases these individuals were recruited under the contract system, in other words for a fixed term, and the grounds put forward for non-renewal of their contracts were that the employees failed to appear at work or worked very few hours, or that some employees were performing overlapping duties.

Referring to its General Survey on labour inspection, 2006, paragraphs 201 and 202, the Committee recalls that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that the labour 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 improper external influences. The Committee also recalls that inspectors cannot act fully independently if their continuity of service or their career prospects depend upon political considerations. The Committee requests that the Government specify the type of employment relationship enjoyed by federal and provincial inspectors (disaggregating the number of inspectors employed under the stability system and the number employed under the contract system) and to send a copy of the collective labour agreement in force. The Committee requests that the Government take measures to ensure that all labour inspectors are governed by a public status and are guaranteed stability of employment.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes that it has not received the annual inspection report. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and sent to the ILO in the form and within the deadlines prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that it contains the information required on each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee urges the Government to take prompt measures to give full effect to these provisions of the Convention.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee requests the Government to provide additional information on the following point.

Articles 3(1)(a), 16 and 18 of the Convention. Supervision and effective enforcement of penalties. The Committee notes the indication that in 2011 over 1,350 probable victims of trafficking in persons were released. Of these, 10 per cent were engaged in work in the textile industry. Of the establishments concerned by all of these cases, 32 per cent are located in the Province of Buenos Aires, 19 per cent in the Province of Misiones and the rest are dispersed around the rest of the country. The Committee requests the Government to continue providing information on the cases of trafficking detected in workplaces liable to inspection under the terms of the present Convention, and on the penalties imposed.

The Committee refers to the list of cases referred to the courts which the Government attached to its previous report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129). It once again requests the Government to indicate: (i) the authority which drew up the list; (ii) the legal provisions to which the fines related; and (iii) the impact of the sanction procedures on the level of compliance with the relevant provisions.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received on 30 October 2012, and the attached documentation. It also notes the successive comments made by the Confederation of Workers of Argentina (CTA), received on 31 August 2012, and 7 September 2012, and the comments of the General Confederation of Labour of the Republic of Argentina (CGT), 10 September 2012 and received 21 September 2012. The Committee requests the Government to provide any information or comments that it deems useful in this regard.

Articles 3(1)(a), 4, 10 and 11 of the Convention. Supervision and control of the labour inspection services by a central authority, and number of staff of the labour inspection services. The Committee previously requested the Government to indicate the manner in which effect is given to Article 4 of the Convention with respect to the structure and operation in practice of the labour inspection system, and especially the measures adopted to ensure coordination between the federal inspection authorities and the labour inspection authorities in the various provinces.

The CTA reiterates that uniform criteria have not been established throughout the country for labour inspection as a basis for effective supervision. The system of cooperation between the provinces and the Federal State, in addition to the scarcity of the human and material resources allocated to provincial offices, means that the inspection system is deficient, and that this deficiency is demonstrated by the high levels of informality. It emphasizes that entrusting the provinces with exclusive competence for the inspection of general conditions of work and occupational safety and health regulations has led to the undermining of the systems set up by the provinces, because of the shortage of human and material resources allocated to these offices. The number of inspectors is very inadequate in certain provinces where precarious forms of work and informality are very high. For this reason, greater resources should have been allocated to these provinces. The CTA considers that the absence of effective public policies for labour inspection is related to the pressure that can be exerted by local economic powers and major national and multinational enterprises subject to the jurisdiction of the provinces, and the importance of these enterprises in the local economy and employment structure is such that it discourages the intensification of inspection by the local authorities and allows the introduction of self-inspection. The trade union emphasizes that the failure to discharge the inspection function effectively has many negative consequences in relation to the promotion of decent work, for three basic reasons: the high level of unregistered or “black” work; the high incidence of employment accidents; and the low quality of employment and its increasingly precarious forms, which affect a significant number of workers. The CTA also refers to section 30 of Act No. 25.877 of 2004 on the labour system, creating the Integrated Labour and Social Security Inspection System (SIDITYSS), which provides that the Ministry of Labour, Employment and Social Security (MTEYSS), in its capacity as the central authority may, following the intervention of the Federal Labour Council (CFT), discharge the corresponding functions when a local labour inspection service is not in compliance with the requirements of international Conventions or of the Act.

The Government indicates once again that the CFT promotes general inspection policies based on the principles of coordination, cooperation, co participation and co-responsibility with a view to achieving greater effectiveness in the various jurisdictions. In this respect, it refers to the agreement concluded by the MTEYSS and the CFT, in which the latter undertakes to collaborate with the MTEYSS for the implementation of the National Plan to Regularize Labour (PNRT), and the agreements concluded by the MTEYSS and the provincial authorities for the same purpose.

With regard to the number of labour inspectors, the Government indicates that there are currently 472 labour inspectors in the MTEYSS, in addition to the number of inspectors in each province and those of the Government of the autonomous city of Buenos Aires. The Government adds that it is taking measures to unfreeze 510 posts in the permanent staff of the Ministry, which will subsequently be subject to a competition to fill posts, among others, of labour and social security inspectors, specialist labour and social security inspectors and professional labour and social security inspection analysts.

The Committee recalls, as it noted in paragraph 140 of its General Survey of 2006 on labour inspection, that the objective of a central authority is to facilitate the establishment of a single policy throughout the territory covered and to make it possible to use the available resources in a rational way, and that flexibility in the nature of the system in federal States must not be regarded as derogating from the principle of having a single authority, provided that the constituent units of the federal State have budgetary resources that are sufficient to discharge the functions of the labour inspectorate within their respective fields of competence. The Committee would be grateful if the Government would provide information in its next report on the measures adopted, including in the context of section 30 of Act No. 25.877 of 2004, with a view to giving effect to the Convention in terms of the need for a labour inspection system placed under the supervision and control of a central authority and based on common principles respecting its organization, methods of action and the distribution and management of human and financial resources.

The Committee also once again requests the Government to provide information on the geographical distribution and current number of the inspectors who are in post at federal level and in each of the provinces, in relation to the number and location of workplaces liable to inspection and the number of workers employed therein.

Finally, the Committee once again requests the Government to provide information on the proportion of the national budget devoted to labour inspection and its distribution between the central and provincial structures, as well as information on the material resources available to them, including means of transport for the professional travel of inspectors.

Articles 3(1)(a), 16, 18 and 24. Supervisory function of labour inspectors, frequency and scope of inspections, and penalties. The Committee previously requested the Government to provide information on the frequency and scope of the inspections undertaken, including in cases where one single establishment is concerned, and on the impact of the Integrated Employment Promotion Plan: “More and better work” and the “National plan for the regularization of work” (PNRT).

The Committee welcomes the Government’s indication that the PNRT is designed to achieve the incorporation into the social security system of workers excluded following decades of increasing labour flexibility and the lack of the State’s involvement in inspection functions, which led to forms of precarious employment such as pseudo-cooperatives, enterprises for the provision of services and subcontracting arrangements, leaving certain sectors and activities in a situation of extreme vulnerability. It adds that the number of workers who are currently in a registered and legal job with legal protection is the highest for the past 36 years. Informality has been combated through measures to promote a decrease in informal work and an increase in quality jobs with social protection. These have included placing the issue on the public agenda, the simplification of procedures to regularize workers, the reinstatement of and increase in personnel, and the use of technology in inspection activities. The supervisory activities carried out over the past seven years, through the PNRT, are unprecedented; between September 2003 and July 2011, a total of 910,922 workplaces were inspected and the situations of 2,888,024 workers were examined. These inspection activities have undoubtedly contributed to the fall in the rate of unregistered employment. In the second half of 2003, 49.6 per cent of the total number of workers were not registered. This percentage fell to 36 per cent in 2010 (according to the Permanent Household Survey). Through inspection, as well as information, repression and penalties, the MTEYSS has endeavoured to identify violations of the requirement for employers to declare and to pay contributions to the social security system throughout the national territory. The measures have included: the strengthening of the authority of regional heads and delegates throughout the national territory; awareness raising for all officials; training; the purchase of vehicles; the improvement of the premises of regional delegations and directorates; the development of a computerized support application; and the planning of activities. Contributions were also made by the inspections carried out by the Federal Public Income Administration (AFIP) and the provincial labour administrations, through the CFT.

The Committee also notes that the amounts of the fines established in the event of the engagement of workers in a dependent relationship without the required registration and declaration in the context of the PNRT have been updated and increased as from 1 September 2012, in accordance with Decision No. 327/2012 of 8 August 2012 of the National Social Security Administration (ANSES).

The Committee notes this progress with interest and requests the Government to provide information on the frequency and scope of the inspections undertaken in a single workplace, including by provincial delegations. It would also be grateful if the Government would indicate the proportion of labour inspections devoted to combating undeclared work in relation to the proportion of inspections carried out with a view to enforcing the legal provisions relating to conditions of work and the protection of workers (such as the payment of wages, and occupational safety and health conditions), including in relation to unregistered workers, and the penalties imposed (with an indication of the respective legal provision).

Article 6. Stability of employment and conditions of service of labour inspectors. In its previous comments, the Committee requested the Government to provide a copy of Decision No. 670/10 of the Ministry of Labour, Employment and Social Security, as well as information on the measures adopted to ensure that labour inspectors benefit from working conditions in accordance with the principles of stability and independence laid down by this provision of the Convention. The Committee notes that this Decision contained the job descriptions for the posts of labour and social security inspectors and territorial planning analysts. The Committee requests the Government to provide information on the measures adopted to guarantee labour inspectors, including those working at the provincial level, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.

Article 7(3). In-service training for labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that the level of studies of the inspectors and controllers recruited under the Framework Act to regulate national public employment (Act No. 25.164 of 1999) ranges from basic education (2 per cent) to postgraduate studies (13 per cent), including primary (7 per cent), secondary (53 per cent) and university (25 per cent) education. The Committee would be grateful if the Government would provide information on the measures adopted to ensure that labour inspectors working in the provinces receive adequate training that is adapted to new technologies and the conditions of work and workplaces liable to inspection, under the terms of the Convention, both when entering service and during employment.

Article 9. Collaboration of technical experts and specialists in certain inspection activities falling within the remit of labour inspectors. The Committee notes that the Government has not provided information in reply to its previous comment on this Article. The Committee therefore once again requests the Government to describe the arrangements through which the labour inspection services in the various provinces benefit from the collaboration of technical experts and specialists and the cooperation of the Occupational Risks Supervisory Authority (SRT).

Articles 20 and 21. Annual inspection report. The CGT alleges that the Government is not in compliance with these Articles of the Convention. The Committee notes that the last annual inspection report received by the Office dates from 2000. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and transmitted to the ILO in the form and within the time limits envisaged in Article 20, and that this report contains the information required on each of the items indicated in Article 21. The Committee hopes that measures will be adopted rapidly to give full effect to these provisions of the Convention and that information, such as the number of workplaces liable to inspection (including at the provincial level) and the number of workers employed therein, as well as statistics of occupational diseases and of industrial accidents, will in future be included in the annual report, so as to ensure that it is a useful tool to evaluate and improve the operation of the labour inspection system.

Furthermore, noting that the Government has not replied to a number of previous comments, the Committee requests it to provide the requested information on:

Cooperation in the context of MERCOSUR. The Committee notes that according to the Government’s report, the joint inspection operations in the context of MERCOSUR have continued and have been well received among the social partners in the region. Observing that the trade unions in Argentina asked for the inclusion of controls in relation to occupational safety and health and the work environment in the context of the MERCOSUR Regional Labour Inspection Plan (PRIM) and that the proposal was well received by the representatives of other countries, the Committee requests the Government to continue to supply information on the joint activities carried out in the framework of this plan and especially on their impact on the national labour inspection system. The Committee also requests the Government to supply information on any progress made in the formulation and implementation of the training plan for labour inspectors in the context of the PRIM.

Article 5. Cooperation between the inspection services and other institutions and collaboration with employers and workers. The Committee also notes that the SRT has been signing agreements with the provinces and with the autonomous city of Buenos Aires, with a view to conducting joint inspections and providing economic resources for the reinforcement of local labour inspection. The SRT has also signed agreements with the trade unions, with a view to providing economic resources for the training of union leaders and workers, and to developing projects and actions aimed at improving working conditions and the working environment. The Committee requests the Government to supply detailed information on the inspections carried out jointly by the SRT and the autonomous city of Buenos Aires and by the latter and the provincial delegations pursuant to the abovementioned agreements, and also on the impact of such collaboration with regard to the objective pursued by these agreements. It also requests the Government to provide information on any projects launched in the context of collaboration between the SRT and the trade unions, and on the results thereof.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee draws the Government’s attention to the following points:

Article 18 of the Convention. Penalties for the infringement of provisions enforceable by labour inspectors. The Committee refers to the list of cases submitted to the courts, which was attached to the Government’s previous report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). It requests once again the Government to specify: (i) the body that established this list; (ii) the areas of legislation to which the fines imposed pertain; (iii) the impact of the enforcement procedure on the level of implementation of the relevant legal provisions.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received on 12 October 2010 and the attached documentation. It also notes the comments by the Confederation of Workers of Argentina (CTA) dated 31 August 2010 and 1 September 2011. The Committee also notes the comments of the General Confederation of Labour (CGT RA) dated 29 October 2010. The Committee requests the Government to communicate any comment or information it deems relevant with regard to the comments by the CTA dated 1 September 2011.

Cooperation in the context of MERCOSUR. The Committee notes with interest that according to the Government’s report, the joint inspection operations in the context of MERCOSUR have continued and have been well received among the social partners in the region. Observing that the trade unions in Argentina asked for the inclusion of controls in relation to occupational safety and health and the work environment in the context of the MERCOSUR Regional Labour Inspection Plan (PRIM) and that the proposal was well received by the representatives of other countries, the Committee requests the Government to continue to supply information on the joint activities carried out in the framework of this plan and especially on their impact on the national labour inspection system. The Committee also requests the Government to supply information on any progress made in the formulation and implementation of the training plan for labour inspectors in the context of the PRIM.

Articles 3(1)(a), 4 and 10 of the Convention. Supervision and control of labour inspection by a central authority and labour inspection staff. According to the CTA, uniform criteria have not been established throughout the country for labour inspection, nor has appropriate legislation been adopted with a view to carrying out effective uniform controls throughout the national territory. Despite the fact that Act No. 25877 establishing the Integrated Labour Inspection and Social Security System (SIDITYSS) authorizes the central Government to exercise functions shared with the provinces with respect to labour inspection, this has not had any significant effect in practice and the Ministry has been relegated to a secondary position of supervision, support and assistance. According to the trade union, the inefficiency of labour inspection is due to exclusive powers being conferred on the provinces, in addition to the scarce material resources assigned to the provincial offices and the inadequate number of inspection staff employed there. According to the CTA, the lack of effective public policies in labour inspection is due to the enormous pressure exerted by local economic influences and the major national or multinational enterprises, which allows them to operate in an “exclusion zone” inside their establishments and carry out their own inspection and supervision of working conditions. The CTA also indicates that the persistently high number of industrial accidents and cases of occupational disease are evidence of the breakdown of enforcement of the standards relating to risk prevention and health protection in the workplace.

The CGT, for its part, points out that the inspection system in Argentina continues to experience major difficulties since it lacks a central authority and despite the fact that Act No. 25877 established a system of cooperation between the provinces and the federal State, the effectiveness of inspection activities is showing no sign of improvement, in a country with an informal employment rate of 37 per cent. The union also indicates that the effectiveness of controls varies enormously between provinces since many of them have an insufficient number of labour inspectors and some even have only one inspector.

With reference to its previous comments, the Committee notes that each of the 23 provinces and the autonomous city of Buenos Aires has an administrative body dependent on the provincial executive which is responsible for labour inspection within its jurisdiction. The provincial authorities have competence for monitoring general working conditions and for enforcing occupational safety and health (OSH) standards and the terms of collective labour agreements. The Ministry of Labour and Social Security (MTEYSS) is responsible for supervising activities within the remit of the federal authority (ports, airports, multinational enterprises), activities comprising tasks spanning various jurisdictions, such as inter-provincial passenger and cargo traffic, and river, maritime and land transport. The Ministry also has competence for controls relating to social security contributions. Responsibility for OSH at national level lies with the Supervisory Authority for Occupational Risks (SRT), which also secures the enforcement of the obligations of the occupational hazard insurance companies. According to the Government, the Federal Labour Council drives general inspection policies according to the principles of coordination, cooperation, shared participation and shared responsibility. With regard to the number of inspection staff, the Government indicates that the number of inspectors currently stands at 320 and that the SRT has 67 inspectors, not including the staff specifically assigned to each province and the autonomous city of Buenos Aires. It adds that through Decision No. 670/10, the Ministry of Labour launched a competition in 2010 with a view to filling 300 vacancies.

The Committee reminds the Government that the objective of the Convention is to ensure the functioning of a coordinated and effective labour inspection system throughout the territory, under the supervision and control of a central authority. Where legislation provides for the distribution of inspection powers between a federal or central authority and provincial authorities, it is necessary to guarantee the establishment of an inspection system in each province or one covering more extensive jurisdictions or regions and to ensure the necessary resources for the functioning of such structures (see Article 4(2) of the Convention and paragraph 140 of the 2006 General Survey on labour inspection). The Committee requests the Government to supply further information on the manner in which effect is given to Article 4 of the Convention with respect to the structure and operation in practice of the labour inspection system, especially on the steps taken to ensure coordination between the federal and provincial inspection authorities. The Committee also requests the Government to supply information on the impact of the launching of a competition in 2010 by the MTEYSS on the number of inspection staff and their geographical distribution in the various provinces.

The Committee would be grateful if the Government would also provide information on the manner in which labour inspectors verify the information contained in reports relating to self-inspections undertaken by enterprises.

Articles 3(1)(a), 16, 18 and 24. Supervisory function of labour inspectors; frequency and scope of inspections; penalties. The CTA deplores the fact that the national, provincial and municipal authorities have not taken the necessary steps to stop the illegal practices of unregistered work (whereby employers leave substantial numbers of workers devoid of any protection in terms of social benefits). The union emphasizes the fact that the legal framework provided for by Act No. 24013 of 1999 (Employment Act) – one of the objectives of which is to put a stop to these practices through the establishment of an incentive scheme for employers who are willing to make amends and rectify their practices in this respect and the imposition of harsher penalties for uncooperative employers is insufficient inasmuch as it has not been accompanied by inspections undertaken with the care and frequency required by the Convention.

With reference to its previous comments on Article 18 of the Convention, the Committee notes with interest the information supplied by the Government in relation to the increase in the amounts of fines imposed for infringements of social security standards, with a reduction in the amount of penalties if the situation is rectified within a specific period and with subsidies for employer contributions for employers who create new jobs that are duly registered. It also notes with interest the various agreements signed between the MTEYSS and trade unions for combating undeclared work and ensuring effective inspection of working conditions and child labour, in the context of the “Integrated employment promotion plan: More and better work” and the “National plan for the regularization of work” (PNRT). The Committee requests the Government to supply information on the frequency and scope of inspections undertaken, including in cases where one single establishment is concerned. It also requests information on the impact of these measures on the implementation of legislation concerning conditions of work and the protection of workers, including undeclared workers and statistics on infringements of labour legislation detected by labour inspectors, specifying the relevant provisions and the penalties imposed.

Article 5. Cooperation between the inspection services and other institutions and collaboration with employers and workers. With reference to its previous comments, the Committee notes that, in the context of the “National plan for the regularization of work” (PNRT), Ministry of Labour officials visited the federal courts in the interior of the country to explain the workings of the Ministry, and the judicial authorities empowered ministry officials to act as ad hoc judicial officers in the execution of judicial tasks. It also notes that, according to the CGT RA, cooperation between the judicial system and the administration has improved as regards the collection of fines imposed for infringements of labour legislation. The Committee would be grateful if the Government would continue to send information on the steps taken or contemplated to promote cooperation between the labour inspectorate and the judiciary.

The Committee also notes that the SRT has been signing agreements with the provinces and with the autonomous city of Buenos Aires, with a view to conducting joint inspections and providing economic resources for the reinforcement of local labour inspection. The SRT has also signed agreements with the trade unions, with a view to providing economic resources for the training of union leaders and workers, and to developing projects and actions aimed at improving working conditions and the working environment. The Committee requests the Government to supply detailed information on the inspections carried out jointly by the SRT and the autonomous city of Buenos Aires, and by the latter and the provincial delegations pursuant to the abovementioned agreements, and also on the impact of such collaboration with regard to the objective pursued by these agreements. It also requests the Government to provide information on any projects launched in the context of collaboration between the SRT and the trade unions, and on the results thereof.

Article 6. Stability of employment and conditions of service of labour inspectors. In reply to the Committee’s previous observation concerning the remuneration and prospects for career advancement of labour inspectors as compared to those of other public servants with similar duties, the Government reiterates that inspectors and controllers are covered by Act No. 25164 of 1999 on public employment at national level. It also indicates that the inspectors, perceive an average salary of 4,862.44 pesos (ARS) (about US$1,206.55). The Government adds that under Decision No. 670/10, mentioned above, the profiles for the posts of labour and social security inspector and territorial planning analyst were established, and their tasks, requisite qualifications and conditions of promotion were specified.

The CTA alleges that in the city of Buenos Aires labour inspectors do not enjoy the guarantees needed to perform their duties. It indicates that this situation has been affirmed by various court decisions and refers to the case of a labour inspector recruited under a service provider scheme who was dismissed and lodged an appeal for reinstatement and definitive incorporation into the permanent staff of the local public administration. According to the CGT RA, however, progress has been made in this sphere since the passing of MTEYSS Decision No. 670/10 marks the start of a selection procedure for labour inspectors, the goal of which is to ensure stability of employment.

The Committee requests the Government to send to the ILO a copy of Ministry of Labour Decision No. 670/10 and to supply information on the steps taken to ensure that labour inspectors benefit from working conditions in accordance with the principles of stability and independence laid down by Article 6 of the Convention.

Articles 7(3), 11(a) and 18. Resources allocated to the inspection services and in-service training for labour inspectors. According to the Government, the MTEYSS provides its staff with an induction/re-induction course and another series of courses designed to improve their qualifications. The Committee observes that the Government’s report contains information on the courses given to Ministry of Labour staff, in particular training on the supervision of cargo and passenger transport and the maritime, river, lake and port sectors. The Government further indicates that the SRT also provides its inspectors with refresher workshops.

In its previous comments the Committee noted that, according to section 34 of Act No. 25877 of 2004, the MTEYSS is required to allocate all proceeds from fines imposed for breach of the labour legislation to improvement of the labour inspection service and asked the Government to indicate the expenditure items of the labour inspectorate to which these resources are assigned. The Committee notes that according to the information supplied by the Government, the budget headings of the labour inspectorate which benefit from the allocation of fines collected for infringements of the labour legislation are those which ensure its ordinary operation (e.g. consumer goods (including paper, spare parts and fuel), technical and professional services, tickets and travel allowances, machinery and equipment etc.).

The Committee notes that according to the CTA, the lack of training of inspection staff combined with the inadequacy of the material resources allocated to the regional offices constitute one of the obstacles to the establishment of effective labour inspection. The CGT RA also stresses the importance of giving specific training to inspectors and equipping the inspection services with computing equipment in order to achieve a better level of performance.

With reference also to its comments under Articles 3(1)(a), 4 and 10 of the Convention, the Committee requests the Government to provide information on the distribution of the budgetary resources of the labour inspection services throughout the central and provincial structures and the material means at their disposal including transport facilities.

The Committee would also be grateful if the Government would provide detailed information on the training courses given to labour inspectors performing their duties in the various provinces, including the frequency, number of participants, subjects covered and duration.

Article 9. Collaboration of technical experts and specialists in some inspections falling within the remit of labour inspectors. In relation to its previous comments, the Committee notes that the Government’s report contains a list of staff of the Department of Inspections and Preventive Programmes at the SRT, including architects, graduates in OSH, chemical engineers and mechanical engineers. The Committee requests the Government to describe the modalities for collaboration with technical experts and specialists at the level of the provinces and any cooperation with the SRT in this respect.

Article 14. Notification of the inspectorate regarding industrial accidents and cases of occupational disease. In reply to the request for information on the manner in which effect is given to the present Article of the Convention, the Government indicates that the corresponding statistics are being compiled on the basis of notifications made and can be consulted on the SRT website at: http://www.srt.gov.ar/data/fdata.htm.

Articles 20 and 21. Obligation to publish and send an annual report. The Committee draws the Government’s attention to its general observation of 2011 on the importance of drawing up and publishing an annual report on the work of the labour inspectorate. It reminds the Government of the central inspection authority’s obligation to publish and send to the ILO, in accordance with Article 20 of the Convention, an annual general report containing the information required in each clause of Article 21(a)–(g) and the possibility, if necessary, of seeking technical assistance from the ILO for this purpose. The Committee requests the Government to keep the ILO informed of progress made in this field.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee refers the Government to its observation and draws its attention to the following point.

Article 18 of the Convention. In reply to the Committee’s previous direct request enquiring about incentives for employers that comply with the law and more dissuasive sanctions against the most negligent, the Government indicates that the law provides for no rewards for the former. The Committee notes with interest, however, that the National Plan for the Work Regularization makes provision for reducing the amount of the fine by one third if the employment is brought into conformity with the law. It notes that, according to section 34 of Act No. 25.877 of 2004, the Ministry of Labour is required to allocate all the proceeds from fines imposed for breach of the labour legislation to the improvement of the labour inspection service. The Committee requests the Government to indicate the expenditure items of the labour inspectorate to which these resources are assigned.

With regard to the list of cases submitted to the courts which was attached to the Government’s report on the application of Convention No. 129, the Government is asked to specify: (i) the body that established it; (ii) the areas of the legislation to which the fines imposed pertain; and (iii) how far the procedure implemented for their recovery has affected the extent to which the relevant legal provisions are applied.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Further to its previous observation, in which it asked the Government for information on the legislative and practical measures taken to reinforce the labour inspection system and to give full effect to Articles 20 and 21 of the Convention, the Committee notes the Government’s detailed report. It also notes the attached documents concerning the MERCOSUR Regional Labour Inspection Plan (PRIT), and its revision and implementation during the period covered by the report.

Regional economic cooperation and developments in the labour inspection system. The Committee notes that according to the Government, the PRIT has been revised to take account of member States’ comments and remarks, but that the decisions on the minimum requirements for inspection visits and for the profiles of labour inspectors have been maintained. The Government also indicates that Brazil should shortly submit a proposal for the development of labour inspectors’ training in the context of MERCOSUR.

The Committee notes the report of a joint pilot inspection operation carried out in September 2007 for three days in the common border area of Argentina, Brazil and Paraguay, pursuant to MERCOSUR decision No. 32/06 on minimum requirements regarding labour inspection procedure. The operation began with a meeting for an exchange of information between the three delegations on the technical aspects of labour inspection in each country and the relevant labour legislation. For the practical action, the inspectors formed two groups, one of which was responsible for the supervision of general conditions of work and the other for occupational safety and health conditions. The workplaces involved were a building materials establishment in Brazil; a commercial establishment in Paraguay; and a hotel establishment in Argentina. In each workplace inspected, verification focused on the documentation pertaining to general conditions of work, social security, equipment and premises and the application of specific standards. The members of the delegations participated in each inspection as observers and had the opportunity to make recommendations relating to their respective national procedures. According to the Government, following this pilot activity, Brazil proposed a broad outline for the training plan for labour inspectors within MERCOSUR.

The Committee also notes that the Ministry of Labour took part in a tripartite regional meeting on labour relations, employment and social security in MERCOSUR, which was held at Montevideo (Uruguay) in November 2007. In the course of the meeting, the Government referred to its difficulties in obtaining funds to finance the Regional Plan for the Eradication of Child Labour, and of the possibility of seeking support from the ILO and other international organizations. With regard to labour inspection in general, the meeting decided that each State party would in future propose holding joint operations for a specific economic activity and one border area per country. The Committee notes with interest that the participants agreed to exchange statistical information on labour inspection that has to be communicated to the ILO under this Convention.

In May 2008, another tripartite meeting on labour relations, employment and social security was held in Buenos Aires, which the ILO attended as an observer. The Committee notes, however, that according to the report of the meeting, employers were represented only by a Brazilian delegation. On that occasion, the Government delegation of Argentina proposed the establishment of a PRIT operations coordination committee consisting of the government bodies responsible for labour inspection, a new common regional inspection methodology, including the organization of an evaluation day with the participation of the social partners. It also proposed that each country should prepare a document setting out proposals to improve technical training for labour inspectors in the context of the MERCOSUR training system (STIT). With regard more specifically to child labour, the Government delegation of Argentina suggested that child labour issues should be dealt with in conjunction with other competent MERCOSUR bodies, such as the Niño Sur initiative, and that one of the member States should be responsible for establishing contacts with the Government representatives of the countries participating in the initiative. It also reported that the Government had taken measures to seek funding through the Inter-American Development Bank (IDB). The Committee would be grateful if the Government would continue to provide information on the impact of the PRIT on improving the professional qualifications of labour inspectors (Article 7 of the Convention), and to indicate the action taken on the proposals regarding the procedure for workplace inspection (Articles 12 and 13). Noting that, according to the Government, labour inspectors and local inspection offices enter information on their activities in the computer system, the Committee would be grateful if the Government would ensure that the central authority discharges its duty to publish and communicate an annual report on the work of the labour inspectorate (Articles 20 and 21).

Article 5(a) and (b). Cooperation between the inspection services and other institutions, and collaboration with employers and workers. The Government states that, pursuant to the provisions of Act No. 25.877 of 2004, the Ministry of Labour has concluded agreements with other ministries, the Federal Public Revenue Department (AFIP) and the Social Security Administration (ANSES), as well as agreements with the trade unions. The Committee would appreciate receiving copies of the texts implementing the above Act and of such agreements.

With reference to its general observation of 2007, the Committee notes with interest the information and documents provided by the Government on the measures taken to encourage effective cooperation between the labour inspectorate and the justice system in achieving common objectives for the protection of workers. It states that a meeting was held between the Minister of Labour, the Secretary of State for Labour, the Secretary of State for Social Security, the Chief Social Security Advisor, the Director of Legal Affairs and all the magistrates of the Social Security Chamber on the complementarity of the powers conferred by Act No. 25.877 on the Ministry of Labour and the AFIP as they relate to compliance by employers with social security obligations. Furthermore, an electronic data entry system on social security cases is available to the courts and a new fines recovery procedure has been set up for the labour courts of the federal capital. The Government adds that the Directorate for Legal Affairs has launched a survey among judges on the possibility of more expeditious proceedings. In addition, various computer systems have been developed jointly by the Directorate of Legal Affairs and the Directorate of Computer Systems and Resources so as to speed up recovery procedures and make the treatment of cases easier to supervise countrywide. It is also planned to establish a computerized register of repeat offenders for the imposition of more severe penalties and the compilation of statistics. According to the Government, these measures are aimed at making magistrates aware of the rationale of inspection. In support, it provides a list of more than 8,000 cases of employers prosecuted for offences. The Committee would be grateful if the Government would indicate whether the measures to encourage cooperation between the Ministry of Labour and the judicial authorities are confirmed to breaches of social security legislation or whether they also target violations of the rules on general conditions of work and occupational safety and health. Please continue to provide information on all measures taken or envisaged to step up cooperation between the labour inspectorate and the judicial authorities.

Article 6. Conditions of service of labour inspectors. Further to its observation of 2004 on the conditions of service of labour inspectors, which were criticized in 2002 by the Latin American Confederation of Labour Inspectors (CIIT), the Committee notes that under this provision of the Convention the Government refers to Framework Act No. 25.164 of 1999 on public employment at national level. It would be grateful if the Government would provide details of the remuneration and prospects for career advancement of labour inspectors as compared to those of other public servants with similar duties.

Article 9. Collaboration of technical experts and specialists in some of the inspections falling within the remit of labour inspectors. According to the Government, inspectors receive appropriate training enabling them to deal adequately with the various technical issues that they will encounter during inspections. The Committee would be grateful if the Government would specify the composition of the inspection staff by area of expertise and by grade and would indicate how occupational safety and health inspections are undertaken which require specialization (medical, technical, chemical).

Article 14. Information on industrial accidents and cases of occupational disease. The Committee notes that the Government refers in this respect to information supplied in the report on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184), concerning Act No. 24.557 of 1995 on occupational hazards, and particularly to section 31(2)(c). It notes that, according to this provision, employers are required to notify to occupational hazard insurance companies (ART) and the Supervisory Authority for Occupational Risks (SRT) any accidents and cases of occupational disease occurring in their establishments. However, the CIIT reported in its comments of 2002 the failure to give effect to Article 14 of the Convention. The Committee reminds the Government that according to this provision, the labour inspectorate shall be informed of such occurrences and asks the Government to provide details of the manner in which effect is given to this provision in practice.

Articles 11 and 16. Frequency and scope of inspections. According to the Government, inspection visits are conducted either ex officio or as a result of a complaint, and their frequency depends on the number of workplaces liable to inspection and the number of labour inspectors reporting to the ministry or to provisional labour departments. Under Article 11, the Government states that in purchasing vehicles for the inspection services, account is taken of the characteristics of the terrain and that all travel and other related expenses are refunded to labour inspectors immediately. The Committee would be grateful if the Government would indicate whether all the provinces have a labour inspection service and to provide an assessment of the extent to which the effect given in practice to Article 16 is commensurate with the protection needs of the workers concerned.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and hopes that current and planned developments in the labour inspection system as a whole will be accompanied by incentives for those employers that best apply the legislation on conditions of work and the protection of workers, and by more dissuasive sanctions against the most negligent employers. It would be grateful if the Government would provide information on any initiatives implemented or envisaged in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report for the period ending in June 2006. It notes that the Government has replied in part to its previous comments and those of the Latin American Confederation of Labour Inspectors (CIIT) sent in a communication of 2002 on the application of the Convention. It notes with interest the Government’s information regarding the positive effects that the improvement in Argentina’s economy has had on employment and compliance with labour legislation thanks to intensified supervision of the registration and regularization of workers.

Regional economic cooperation and development of the labour inspection system. With reference to its previous comments on the issues raised by the CIIT, the Committee notes that a National Plan for the regularization of workers under way since 2003 has made it possible, thanks to the mobility of labour inspectors, to carry out large-scale regularization operations and joint inspection visits involving various specializations and levels of competence in the context of the integral labour inspection system established by Act No. 25.877 of 2004. Furthermore, appropriate cooperation has enabled the inspection services and other public bodies including the Federal Public Revenue Administration (AFIP), the National Migration Directorate and the Supervisory Authority for Occupational Risks, to exchange useful information for the performance of their respective duties. As regards the conditions of work and service of labour inspectors, which the CIIT criticized, the Government has provided information and documents pertaining to measures envisaged at the regional level within MERCOSUR with a view to bringing about improvements in every member country (Argentina, Brazil, Paraguay and Uruguay). A two-year regional labour inspection plan has been proposed by the Government on the basis of recommendations likewise issued at regional level in 2005 (MERCOSUR/CMC/Rec 01/05 and CMC/Rec 02/05, 2005). One of the plan’s objectives is to establish a regional centre for the training of inspectors in particularly sensitive matters such as undeclared work, discrimination on grounds of race, religion, sex and disability, migrant labour and child labour. There is also to be training on the programming and conduct of inspection visits with suitable advice to be provided to employers. The regional centre is to have a virtual Internet portal that all inspection services of member countries can access.

The plan also provides for an annual programme of joint inspection visits of particularly sensitive activities in the member countries, particularly in border areas. A system for the collection and processing of statistical data is to be set up so that an annual regional inspection report can be published. Advocacy campaigns on workers’ rights are also scheduled.

With regard to the insufficient numbers of inspection staff and the obstacles to the performance of the tasks involved in enforcing the legislation on working conditions, the Committee notes the Government’s information that 300 inspectors are distributed throughout the territory, in accordance with needs. It notes that Recommendation MERCOSUR/CMC/Rec 01/05 establishes the elements to be systematically checked in the course of inspection visits in member countries. The Committee notes with interest that these areas include, as required by the Convention, working conditions and the protection of workers (general conditions and occupational safety and health).

The Committee also notes with interest the establishment in 2003 of a tripartite group on occupational safety and health to be responsible for the framing, evaluating and monitoring of policy on working conditions in the construction sector. It notes in this connection that thanks to a diagnosis carried out with technical assistance from the Office, there was a significant increase in the number of inspections carried out on worksites between 2003 and 2005. Furthermore, a national safety and health plan has been set up in the sector, and in November 2004, in cooperation with local authorities, occupational associations and trade associations, a massive awareness campaign was launched “For construction sites to be visible from the street”, with a free telephone helpline for the public.

Further to its comments of 2006 under Convention No. 182 on the activities conducted by the Child Labour Control and Inspection Unit, the Committee notes that under the National Plan for the Prevention and Elimination of Child Labour, the labour inspection services are to be reinforced. Furthermore, regional actions have been developed in the context of MERCOSUR, such as a second publicity campaign for the prevention and elimination of child labour, together with an implementation plan, approved by resolution No. 36/06 of 18 July 2006.

The Committee would be grateful if the Government would continue to provide information on legislative matters and on practical measures taken to strengthen the labour inspection system (status of labour inspectors, conditions of service and career plans, numbers, training, cooperation with other public services or with private institutions, and collaboration with the social partners, equipment, computer and logistic resources of the inspection services). The Government is also asked to take all necessary steps to give full effect to Articles 20 and 21 of the Convention concerning the requirement for the central labour inspection authority to publish and send to the ILO an annual report on the work of the inspection services under its control. Please also report to the Office any progress made in this respect and any difficulties encountered.

The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 12, paragraph 1, and Article 13 of the Convention. The Committee notes that the powers of labour inspectors to supervise and issue orders, as set out in section 32 of Act No. 25.877 of 2004, are established in a broader and less detailed manner, in relation to these provisions of the Convention, than they are in section 7 of Annex II to Act No. 25.212 of 23 December 1999 issuing the Federal Labour Charter. The Committee would be grateful if the Government would indicate whether the 1999 text is still in force.

Article 12, paragraph 2. The Committee requests the Government to ensure that measures are taken to bring the legislation into conformity with the Convention with regard to: (i) the obligation of inspectors to notify the employer or her or his representative of their presence on the occasion of an inspection visit; and (ii) the discretion which should be accorded to them not to do so where they consider that such a notification may be prejudicial to the performance of their duties.

Article 18. The Committee requests the Government to specify whether the system of penalties for violations of the labour legislation set out in Annex II to Act No. 25.212 is currently in force and whether measures have been taken to set in motion a procedure for the adjustment of the amounts of fines taking into account any fluctuations in the value of the currency so as to maintain their dissuasive nature, which is essential for the achievement of the objective that they are intended to pursue.

Articles 20 and 21. The Committee notes the statistical tables for the years 2002, 2003 and 2004 on the staff of the labour inspectorate; and for 2003 and 2004, on the number of inspections, the violations reported and sanctions imposed and on industrial accidents and cases of occupational diseases. The Committee hopes that the Government will ensure that in the near future an annual report on the activities of the labour inspection services containing all the information required under Article 21 is published and communicated to the ILO by the central inspection authority in the form and within the time limits set out in Article 20.

Regional cooperation in the field of labour inspection. The Committee requests the Government to provide information on the action taken as a result of the three draft resolutions on joint inspection operations in the context of MERCOSUR, as announced in its report.

Safety and health in the construction sector. With reference to its previous comments, the Committee once again requests the Government to provide detailed information on the nature of the prevention activities implemented in the construction sector and their impact.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Impact of the restructuring on the operation of the labour inspection system. In its previous comments, the Committee noted the comments made by the Latin American Confederation of Labour Inspectors (CIIT) in a communication dated 20 May 2002 on the application of the Convention, stating that there had been no change in the situation as described in the observations made in 1999. The Committee also noted the explanations provided by the Government on the consequences of the economic and financial crisis on the operation of the labour administration and requested information on developments in the situation with regard to Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10; 11; 14 and 16 of the Convention which, according to the CIIT, were not applied.

The Committee notes that the Government has replied in part to its previous comments. It notes that Act No. 25.877, of 2 March 2004, maintains the designation of the Minister of Labour, Employment and Social Security as the central authority of the Integrated Labour and Social Security Inspection System (SIDITYSS).

According to the CIIT, the mediation functions assigned to labour inspectors amount to an additional obstacle to the discharge of their supervisory duties of the legislation for which they are responsible, which is rendered difficult by a situation that has already deteriorated markedly, particularly with regard to resources, but also by reason of the dispersion of responsibilities and the disparities, to the detriment of labour inspectors, of the remuneration conditions of public servants. The lack of human resources is even reported in certain provinces to have led to the abolition of any labour inspection system while, in others, labour inspectors are confined to supervising homework, with the majority of the other fields covered by inspection being assigned to contractual employees not covered by the status of public officials, but better paid than the labour inspectors of the Ministry of Labour.

Noting that the provisions of Act No. 25.877 provide responses to certain of the concerns expressed by the CIIT, the Committee requests the Government to provide information in its next report on any text or measure of a practical nature adopted under the provisions of the new Act on labour inspection, as well as a description of the new inspection system throughout the territory and particulars on the impact of the Act on the status and conditions of service and working conditions of labour inspectors (Articles 6, 7, 10, 11, 14 and 16); on their fields of competence (Article 3, paragraphs 1 and 2); and on any measures adopted to promote cooperation with other institutions engaged in similar activities (Article 5).

2. Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes with satisfaction that regional training days on the issue of child labour and the role of labour inspectors have been organized for labour inspectors with a view to raising the awareness of provincial administrations on the importance of the issue and the need to establish their own methods of work and special teams to monitor child labour. The Committee also welcomes the structural measures adopted in the context of the measures to combat child labour. These include the establishment by Decision No. 125/003 of March 2003, within the Ministry of Labour, Employment and Social Security, of a child labour inspection unit responsible for ascertaining the working conditions of children, the nature of their activities, the level of risk to which they are exposed, and for analysing and systematically compiling relevant information from the various inspection services and for maintaining coordination with the Federal Labour Council and provincial labour administrations to carry out operations to detect cases of violations in this field. It requests the Government to continue providing information on the outcome of the measures adopted and, in particular, to provide relevant statistical data.

The Committee is addressing a request directly to the Government on certain matters.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report for the period ending on 30 June 2001, the documents sent in reply to its previous comments and the annual report of the labour inspectorate for 2000.

The Committee also notes the comments by the Latin American Confederation of Labour Inspectors (CIIT) sent on 20 May 2002, complementing those of 1999, stating that there has been no change in the situation and that Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10, 11, 14 and 16, of the Convention are not applied.

The Committee also notes that, in a communication received on 6 June 2002 by the Office, the Government refers to the serious economic and financial crisis which has given rise to internal and external insolvency and paralysis of all banking activity with implications for the labour market. The Committee refers in this connection to its previous comments and the information which the Government sent in reply, and would appreciate information on developments in the situation, particularly as regards the application of the abovementioned provisions of the Convention.

Labour inspection and child labour. The Committee notes with interest Annex IV to the Federal Labour Pact concerning the national action programme on child labour (Act No. 25.212 of 2000), and Decree No. 719 of 2000 setting up a national committee for the elimination of child labour which is responsible for the evaluation and coordination of efforts to prevent and eliminate child labour. The Committee notes that the abovementioned national action programme provides for the reinforcement of the labour inspectorate, inter alia, through the implementation of relevant training programmes, the establishment of interdisciplinary technical support teams for labour inspection, the formation of social networks allowing an immediate social response by the inspection services to every instance of child labour and the establishment of new machinery for detecting child labour. The Committee hopes that the Government will regularly send detailed information, including figures, of the results obtained by the strategy to combat child labour.

Regional and sectoral cooperation in labour inspection. With reference to its previous comments on joint labour inspection operations by MERCOSUR countries in the construction, manufacturing, food and electrical energy sectors, the Committee requests the Government to provide information on the running of such operations in the country and the results obtained in the light of the objectives pursued.

Cooperation between government labour inspection services. The Committee notes that the supervision of occupational hygiene, health and safety conditions is carried out by the provincial labour administrations which may call on the inspectors of the Occupational Risks Supervising Authority to determine arrangements for supervision, training or technical assistance. Noting the information on the new comprehensive strategy developed by the occupational risk supervision service through the "Safe work for all" programme, the Committee asks the Government to indicate whether, and to what extent, labour inspectors who report to the Ministry of Labour are involved in the implementation of the above programme and to give particulars of the type of measures taken, particularly in the construction sector which, along with the agricultural sector, has been shown by studies to have the highest number of fatal accidents.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. The Committee notes with interest the indication in the 1997 Annual Report on the Labour Inspection in Argentina, that for the purpose of promotion of the observance of the labour legislation in each of the countries-members of the MERCOSUR the participants in the first meeting of Ministers of Labour of MERCOSUR (1996) have agreed, inter alia, to conduct "joint operative missions" in the construction sector in which delegations of the MERCOSUR member countries can participate as observers in the conduct of inspection activities in the host country, followed by an evaluation of their results in order to determine the next joint activities. During the second joint operation conducted in Argentina in October 1997, two construction works have been inspected. The Committee hopes that the Government will continue in its future reports to supply information on such activities conducted in Argentina.

2. Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication in the 1997 annual report on labour inspection that pursuant to Decree No. 1.183/96, dated 17 October 1996, the representatives of organizations of workers, possessing legal personality, were included into the system of Labour Inspection under the name of labour controllers (Controladores Laborales) with the aim of strengthening the tasks of control over labour relations. Under resolution No. 1.029/96, dated 19 December 1996, on the procedure for appointment of the labour controllers and their rights and obligations, the labour controllers are entrusted with the detection of non-registered workers and can to this effect request from the enterprises information necessary for the identification of such cases (articles 6 and 7 of the resolution). The Committee asks the Government to provide details of the status and conditions of service of the labour controllers and to indicate whether they are assured of stability of tenure and are independent of improper external influences.

3. Article 10. Number of labour inspectors. The Committee notes that the safety and health inspection is composed of 52 inspectors and 21 technicians and professionals, while the figures for the inspection of general labour conditions amount respectively to 470 and 49. Recalling that the adequacy of human resources is an essential element in the efficiency of labour inspection, the Committee requests the Government to provide information on measures adopted or envisaged to increase the number of inspectors in general and in the safety and health inspection in particular.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports for the period up to 30 June 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors.

1. The Committee notes with interest that following its previous comments to the effect that no inspection report had been sent to the ILO since 1984, the Government has communicated the 1997 annual labour inspection report as well as the 1997 and 1998 statistical summary on labour inspection, occupational accidents and diseases, required under Article 21 of the Convention. It hopes that the Government will in future comply with this requirement of the Convention and provide labour inspection reports on a regular basis.

2. The Committee noted previously that Decree No. 772/96 of 15 July 1996 assigned to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the territory and it expressed the hope that the new structure would enhance progress in the application of the Convention.

The Committee notes that in its observations the Latin American Confederation of Labour Inspectors alleges the absence of inspection services in several provinces of the country (Article 4), the absence of correspondence between the remuneration of labour inspectors and that of other civil servants having lower or equal responsibilities (Article 6), the absence of adequate training of labour inspectors for the performance of their duties (Article 7, paragraph 3), the inadequacy of the number of inspectors, of the frequency of inspection visits (Articles 10 and 16), and non-reimbursement of travelling expenses to labour inspectors (Article 11). It also alleges that the Superintendency of Risks at Work is not performing its functions efficiently and does not take into consideration prevention of accidents (Articles 8, 10, 13, 14 and 16). The Committee hopes that the Government will provide its comments on these allegations as well as information on the status, rights and responsibilities of the inspectors of the Superintendency of Risks at Work.

3. With reference to previous observations by the Union of United Maritime Workers (SOMU) concerning the enforcement of legal provisions relating to conditions of work and the protection of workers, the Committee notes the agreement signed among different administrations and trade unions for an integrated and coordinated plan of port and maritime inspection, whose first phase was executed in December 1997. The Committee hopes that the Government will provide information on any further labour inspection activities undertaken in the framework of this plan.

4. The Committee addresses a request directly to the Government on certain other points.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes Decree No. 772/96 of 15 July 1996 which assigns to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the national territory (section 1). It notes that in exercise of these functions, the ministry shall ensure that the various inspection services in the country comply with the standards governing them and, particularly, with the requirements of Conventions Nos. 81 and 129, and shall exercise the other functions assigned to the central authority by the Conventions (section 1(a) and (b)).

The Committee recalls that in its previous commentaries it noted that it had not received an annual report on the activities of the inspection services since 1984 and expressed the hope that such a report would be transmitted to the ILO within the time-limit set by Article 20 and that it would contain all the information required by Article 21.

The Committee hopes that the new structure will make it possible to progress in the application of the Convention in general and of Articles 20 and 21 in particular. The Committee requests the Government to keep it informed in this respect.

2. The Committee notes the observations made by the Union of United Maritime Workers (SOMU) of 2 November 1995 and 31 May 1996 relating to communications received previously from the same organization to which the Committee had referred and which concern the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make its comments on the allegations, taking into account that the labour inspectors shall secure the enforcement of such provisions as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 3, paragraphs 1(a) and 16).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in answer to its previous comments.

Article 10 of the Convention. The Committee notes that the 33 inspectors mentioned in the Government's previous report referred to the number of inspectors of the National Occupational Safety and Health Directorate and that in addition 38 inspectors work at the National Labour Inspectorate. The Committee also notes that at present the 23 provinces of Argentina have their own inspection services and that detailed information on each of them is being collected in order to be inserted next year in the annual inspection report to be compiled and published, in accordance with Articles 20 and 21.

The Committee notes the observations made by the Union of United Dock Workers of Argentina of 5 September 1995 referring to the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make such comments as it considers appropriate in this regard, taking into consideration that the primary duty of the labour inspectors is to secure the enforcement of such provisions through sufficiently frequent and thorough visits to workplaces liable to inspection (Articles 3, paragraph 1(a), and 16).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 10 of the Convention. The Committee notes that the Department of Inspection employs 33 inspectors not divided by categories and that 22 out of 23 provinces have their own staff of labour inspectors. It would be grateful if the Government would indicate which province does not have its own staff of labour inspectors and how labour inspection is ensured there. Please also supply details on the number of inspectors of different categories by province, including inspectors to whom special or technical functions may be assigned.

Articles 11, paragraphs 1(b) and 2, and 16. Further to its previous comment, the Committee urges the Government to provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirements in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

The Committee refers to the observations made by Unique Workers' Central (CUT) of Brazil dated 25 February 1993 concerning the conditions of work of Brazilian workers engaged in the building of a Carrefour supermarket in La Plata, Argentina. The Committee notes that on 30 May 1994 the CUT withdrew its observations and indicated that the said conditions had improved. The Committee would be grateful if the Government would supply particulars on any inspections which confirm improvements in the conditions of work at the construction site of Carrefour in La Plata.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 6 of the Convention. Further to its previous comments, the Committee notes that, according to the Government's report, the change of government does not affect the stability of employment of labour inspectors and that such stability of employment would be legally protected within the National System of the Administrative Profession (SINAPA). The Committee would be grateful if the Government would provide full details on SINAPA indicating how the requirements of this provision of the Convention are met in law and practice.

Article 20. The Committee notes the Government's reply that there is no general information available concerning the activities of the inspection services as the coordination of such activities has been decentralized by virtue of the framework agreement concluded between the central Government and the provinces. It recalls that this provision of the Convention requires the central inspection authority to publish an annual general report on the work of the inspection services under its control; "central authority" meaning either a federal authority or a central authority of a federal unit (Article 4, paragraph 2). It recalls that no annual labour inspection report has been received since 1984. The Committee reiterates its previous comments that, in the absence of annual inspection reports that provide the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee urges the Government to indicate the measures taken or envisaged in this regard.

Article 21. The Committee notes the information provided by the Government in its report that corresponds to the information required by this Article of the Convention. It points out to the Government that this information should be included in the annual report referred to above, which should also provide details concerning the inspection staff of each province (subparagraph (b)); the statistics of workplace liable to inspection and the number of workers employed therein (subparagraph (c)); statistics of inspection visits, violations and penalties imposed, industrial accidents and occupational diseases for each province (subparagraphs (d) to (g)).

The Committee is also addressing a direct request to the Government concerning other matters.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 6 of the Convention. The Committee notes the text of Decree No. 993/91 on the National System of Administrative Profession (SINAPA) adopted in accordance with Act No. 22.140, of 10 January 1980, supplied by the Government in response to the Committee's previous request in connection with the application of this Article of the Convention.

Articles 20 and 21. The Committee notes the information provided by the Government in its report which indicates that the National Inspectorate has taken measures to obtain detailed data collected by the provinces through the Federal Council of Provincial Labour Administrations in order to publish an annual inspection report as of next year. The Committee hopes that such a report will be transmitted to the ILO within the time-limits set by Article 20 and that it will contain all the information required by Article 21.

The Committee is also addressing a request directly to the Government concerning other matters.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided concerning Article 3, paragraphs 1(b) and (c) and 2, of the Convention.

Article 2, paragraph 2. Please describe labour inspection arrangements in mining and transport undertakings.

Articles 10 and 16. Further to its previous comment, the Committee notes that from the statistics provided it appears that the number of inspectors has dropped considerably since the Government indicated in 1988 in its report on Convention No. 129 that there were 212 nationally plus others in the regions. It would be grateful if the Government would clarify by providing the information requested in the report form relating to these Articles.

Article 11, paragraphs 1(b) and 2. Further to its previous comment, the Committee notes the information provided. It would be grateful if the Government would provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirement in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Also, please provide copies of regulations authorising the arrangements made for transport facilities such as reimbursement to inspectors for the cost of transport.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 6 of the Convention. Further to its previous comments, the Committee refers to the observations of the Argentine Association of Labour Inspection concerning problems in guaranteeing the stability of employment of inspection staff. The Committee recalls that inspection staff should enjoy a status and conditions of service assuring stability of employment and independence of changes of government and improper external influences. It hopes the Government will give details of how these requirements are met in practice.

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection services has been received by the ILO since that for 1984, produced following a direct contacts mission. The Committee also notes that further technical cooperation has been provided by the ILO in relation to labour inspection. In its comments, the Committee has for years expressed its hope that certain reorganisations and legislative initiatives would remedy the difficulty posed by the conduct of some inspections by provincial authorities and make possible publication of the necessary annual report by the federal authorities. In the absence of the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee would be grateful if the Government would indicate the measures proposed in this regard.

A number of other comments have been made directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3, paragraph 1(b) and (c), of the Convention. The Committee asks the Government to indicate the provisions of laws or regulations conferring on the labour inspection services the functions set out in these provisions of the Convention.

Article 3, paragraph 2. If labour inspectors are entrusted with duties other than those provided for in paragraph 1, please specify the nature of such duties and indicate the measures taken to ensure that they are performed in the conditions laid down by this provision of the Convention.

Article 6. With reference to its previous direct requests, the Committee regrets to note that the Government has not yet transmitted its comments on the observations presented by the Argentine Association of Labour Inspection in 1986 concerning stability of employment of inspection staff. The Committee trusts that the Government will not fail to provide relevant information to enable it to examine the matter at its next session.

Article 10. The Committee asks the Government to indicate the number of labour inspection staff and to provide information on the number of inspectors in each class, stating which inspectors have technical or special duties, and on the geographical distribution of the inspection services (unless this information is contained in the annual inspection report).

Article 11, paragraph 1(b) and (c). Please provide information on the transport facilities made available to inspectors and indicate the legislative or regulatory measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 20 and 21. In reply to the Committee's previous comments, the Government states that it will examine the possibility of centralising statistical data, which should enable information on all the points listed at Article 21 to be included in annual inspection reports. The Committee recalls that it attaches great importance to annual inspection reports and expresses the hope that all future reports will be published and transmitted to the ILO within the time-limits laid down by Article 20.

The Committee takes note of a communication from the Central Union of State Petroleum Workers (SUPE) complaining of the unhealthy working conditions at the State Petroleum Company's La Plata refinery, and of the Government's reply concerning the measures taken by the National Directorate for Health and Safety at Work to remedy the situation.