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Articles 2 and 4 of the Convention. Hours of work in ports. Further to its previous comments, the Committee notes the Government’s statement that port workers’ individual rights in respect of working time have been protected by the Office for the supervision of work in ports, at sea, on rivers and on lakes since it reopened in December 2005, in collaboration with the Occupational Risks Supervisory Authority (SRT). It also notes the information that properly registered collective agreements establish the system for calculating hours of work where they exceed eight hours a day. The Committee notes in this connection that the collective agreements on port work supplied by the Government – namely collective labour agreements No. 441/06 of 30 November 2005 and No. 457/06 of 8 August 2006 – provide for the possibility of extending the maximum daily hours of work by up to four hours and eight hours respectively. The Committee points out that the Convention allows the limit of eight hours a day and 48 hours a week to be exceeded only in very limited and clearly defined circumstances. In shift work in general, the Convention allows workers to exceed eight hours a day and 48 hours a week provided that the average hours of work calculated over a period of three weeks or less does not exceed eight per day and 48 per week (Article 2(c)); in the case of shift work in processes which are required to be carried on continuously (for example blast furnaces, refineries, chemical industry, cement industry, salt mines, etc.), the Convention allows these limits to be circumvented provided that the hours of work do not exceed 56 a week on average (Article 4). The Committee requests the Government to take the necessary steps to ensure that any authorization of overtime in the port sector complies fully with these requirements. It also asks the Government to indicate whether work in ports is treated as a process which is required to be carried on continuously within the meaning of Article 4 of the Convention.
Part VI of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, statistics on the number of workers covered by the legislation, the number of contraventions reported in respect of hours of work and the penalties imposed, extracts from reports on the work of the Office for the supervision of work in ports, at sea, on rivers and on lakes and of the SRT, copies of relevant collective agreement, etc.
Articles 4 and 5 of the Convention. Total or partial exceptions. The Committee notes the Government’s explanations regarding exceptions to the principle of weekly rest, to the effect that sections 3 and 5 of Act No. 18204 of 1969, read in conjunction with sections 203 and 204 of Act No. 20744 of 1976, authorize exceptions to the weekly rest of 33 hours (from 1 p.m. on Saturday to midnight on Sunday) only in the event of an accident, danger, force majeure and exceptional requirements of the national economy or the enterprise. While noting this information, the Committee requests the Government to provide details of the consultations held with employers’ and workers’ organizations on the abovementioned exceptions, the manner in which humanitarian, and not only economic, considerations were taken into account in this context, and of any compensatory rest due to persons called upon to work on a day of weekly rest. The Committee also requests the Government to indicate any new regulations issued under sections 3 or 5 of Act No. 18204 to establish exceptions to the principle of weekly rest and the arrangements for their application.
Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the labour inspection services indicating the number and nature of contraventions reported and the penalties imposed, information on the number of workers covered by the legislation, copies of collective agreements containing relevant clauses, etc.
Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.
Article 2 of the Convention. Working hours in ports. The Committee notes that section 17 of Decree No. 2284/91 of 31 October 1991 on the deregulation of the domestic trade in goods and services and foreign trade abolishes all restrictions on working hours and workdays concerning loading and unloading, and other tasks necessary for the uninterrupted operation of ports "without prejudice to the individual rights of the worker". The Committee requests the Government to indicate in what way, in the context of the application of this provision, the protection of the individual rights of port workers is ensured with regard to limits to the length of daily and weekly working hours.
Moreover, in its previous comment, the Committee requested the Government to indicate whether the Superintendency of Work-related Risks (Superintendencia de Riesgos del Trabajo) was competent to deal with complaints relating to excessively long working hours. The Government is invited to provide information in this regard and, as appropriate, to supply copies of any texts governing the activities and competence of this body.
Finally, the Committee requests the Government to provide general indications on the manner in which the Convention is applied in practice, in particular in the context of the ongoing serious economic crisis which has affected Argentina for the last few years. The Committee requests, for example, extracts from inspection services reports; statistical data on the number of workers covered by the legislation, if possible; the number and nature of contraventions reported; the exemptions authorized under the terms of section 4 of Act No. 11544 of 12 September 1929 on working hours, etc.
In its report, the Government refers to Act No. 18204 of 12 May 1969 to institute a uniform system of weekly rest to be observed throughout the Republic. The Committee asks the Government to indicate any regulations related to exceptions which under sections 3 and 5 of the Act may be made from the principle of weekly rest in the industrial sector.
The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:
Referring to its observation under the Convention, the Committee notes that the SOMU indicated previously that, by adopting Decree No. 845 under Act No. 24.493 of 31 May 1995, the Executive had vetoed section 3 of the Act providing for trade unions to be consulted in determining the non-availability of national labour. The Committee asks the Government to indicate how the application of the Convention is currently guaranteed in the establishments referred to in Article 1 of the Convention, and particularly in the ship-building sector. The Committee also refers to the comments it has made under Convention No. 98.
The Committee notes the Government's report for the period ending June 1998 and the information provided in reply to its previous observation. With reference to the 1993 communication from the Congress of Argentine Workers (CAT) alleging that draft legislation provided for daily working hours which could reach a maximum of ten hours, the Government states that no draft legislation provides for changes in the current legal provisions concerning working hours contained in Act No. 11.544 and Decree No. 13.943/44.
Furthermore, the Government states that the National Directorate of Occupation Safety and Health, which forms part of the Ministry of Labour and Social Security, ceased its activities at the end of 1995 and that certain of its functions have been taken over by the Superintendency of Work-related Risks. This body has not registered the complaint which the Single Trade Union of Argentine Dock Workers (SUPA) submitted to the above National Directorate and which covered, among other matters, the fact that daily working hours in the port sector could sometimes exceed 12 continuous hours. The Committee requests the Government to indicate whether the Superintendency of Work-related Risks is competent to deal with complaints of the nature of the one submitted in August 1995 by the SUPA to the General Directorate of Occupational Safety and Health and to supply any texts governing its activities and competence.
The Committee notes the information to the effect that the current working hours arrangements in the port sector are established by the Decree governing hours of work for loading operations in the Port of Buenos Aires (No. 6284 of 3 June 1960), which was extended to all national ports under the terms of Decree No. 3457 of 18 November 1966. It requests the Government to indicate the consequences on the above arrangements of the adoption of the Act respecting port activities (No. 24093 of 24 June 1992). Finally, it requests the Government to indicate whether effect is given to sections 17 and 18 of the Decree respecting the deregulation of the economy (No. 2364 of 31 October 1991) and, where appropriate, to indicate the impact of the implementation of the above provisions on working hours arrangements in the above sectors.
In its previous comments, the Committee noted the observations made by the United Maritime Workers' Union (SOMU) alleging that Decrees Nos. 1772/91, 817/92 and 1492/92 annulled almost all collective agreements which had been in force in the maritime and related sectors. The Committee notes that, in its reply to the comments of the SOMU, the Government refers to Act No. 24.493 of 31 May 1995 (promulgated on 22 June 1995), adopting various measures concerning "national labour". The Committee is addressing a request directly to the Government concerning the application of Article 1 of the Convention.
The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the United Maritime Workers' Union (SOMU), received on 2 December 1994 and transmitted to the Government by a letter of 20 December 1994. The Committee observes that SOMU continues to allege that the adoption of Decrees Nos. 1772/91, 817/92 and 1493/92 adversely affect workers in the maritime and related sectors. The Committee further notes that SOMU has recently informed the Office by correspondence dated 5 January 1995, that certain provisions of Decree No. 817/92 which effectively abolish the right to collectively bargain conditions of work, including the right to weekly rest, have been declared unconstitutional. In light of this information, the Committee refers to the previous observations made by SOMU in April 1993 and communicated to the Government for comment in May 1993, indicating that Decrees Nos. 1772/91, 817/92 and 1493/92 annulled almost all the collective agreements which had been in force in the maritime and related sectors. In reply to those observations, the Government states in its report for the period ending 30 June 1994, that the application of the Convention to any of the undertakings listed in Article 1, paragraph 1, of the Convention, has in no way been affected.
The Committee would be grateful if the Government would further elaborate, in its next report, how the annulment of collective agreements by virtue of Decrees Nos. 1772/91, 817/92 and 1493/92 has not affected the application of the Convention to any of the undertakings listed in Article 1, paragraph 1. It also would appreciate comments, in particular, from the Government on SOMU's recent observations concerning the unconstitutionality of Decree No. 817/92.
The Government is asked to report in detail in 1996.
1. In a direct request that it made in 1994, the Committee noted a communication from the Congress of Argentinian Workers (CTA) alleging that a draft text of the labour legislation envisaged that daily working hours could be extended to up to ten hours, while under Article 2 of the Convention, working hours shall not exceed eight in the day. The Committee requested the Government to make its own observations on this matter.
2. Furthermore, the Union of United Argentine Dockworkers (SUPA), in a communication dated 5 September 1995, refers to cases referred to the National Directorate of Occupational Safety and Health which, among other matters, raise the issue of working days that at times are longer than 12 continuous hours. In a letter dated 2 October 1995, the Office requested the Government to make its own comments which would be brought to the notice of the Committee.
3. The Committee trusts that the Government will refer, in its next detailed report on the application of the Convention, to the above issues and that it will provide the information required by the report form on the Convention, with an indication of the legislation respecting hours of work governing port activities and other sectors affected by sections 17 and 18 of Decree No. 2364/91 of 31 October 1991 respecting economic deregulation.
In its previous comments the Committee referred to the observations made by the United Maritime Workers' Union (SOMU) alleging that Decrees Nos. 1772/91, 817/92 and 1493/92 annulled almost all the collective agreements which had been in force in the maritime-related sectors. SOMU had indicated that certain provisions of Decree No. 817/92 which effectively abolished the right to collectively bargain conditions of work, including the right to weekly rest, had been declared unconstitutional. The Committee notes that SOMU has submitted further observations in August and September 1995. It also notes that the Government, in a communication of July 1995, has indicated that comments by SOMU were being examined and that a response would be given in the near future.
The Committee asks the Government to indicate how the application of the Convention is assured in the establishments covered by Article 1 of the Convention and in particular in the shipbuilding industry. The Committee also refers to its comments under Convention No. 98.
The Committee notes the Government's report for the period 1988-1992.
It also notes the communication from the Congress of Argentinian Workers (CTA) alleging that the draft text to reform the labour legislation envisages increasing daily working hours to ten. If that were the case, such a provision would be incompatible with Article 2 of the Convention, under which working hours shall not exceed eight in the day.
The Committee would be grateful if the Government would make its own observations on this matter, as it was invited to do by the Office in a communication dated 29 June 1993.
1. The Committee notes the comments made by the Workers' Congress of Argentina (CTA) received by the Office in June 1993 and transmitted to the Government for its comments. The Committee further notes that no comments have been received from the Government in this regard. The CTA has indicated that draft labour legislation has been prepared by the Government to make weekly rest provisions more flexible, but that, in actual fact, the proposals lead to the loss of the right to weekly rest. The Government is requested to provide information, in its next report, on any measures taken which would affect the application of the Convention.
2. The Committee notes the comments made by the United Maritime Workers' Union (SOMU) received in April and communicated to the Government for comment in May 1993. The Committee further notes that no comments have been received from the Government in this regard. SOMU has indicated that Decrees Nos. 1772/91, 817/92 and 1493/92 have annulled almost all the collective agreements which had been in force in the maritime and related sectors. The Government is requested to indicate, in its next report, whether the annulment of collective agreements by virtue of the above-mentioned Decrees has affected in any way the application of the Convention to any of the undertakings listed in Article 1, paragraph 1, of the Convention.