Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Argentina

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) (Ratificación : 1950)
Convenio sobre la protección del salario, 1949 (núm. 95) (Ratificación : 1956)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage-fixing machinery) and 95 (protection of wages) together.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 29 August 2025.

Minimum wage

Article 3(2) of Convention No. 26. Association of the social partners. The Committee notes that the CGT RA indicates, in its observations, that at its four last meetings during the 2024-2025 period, the National Council for Employment, Productivity and the Minimum Adjustable Living Wage failed to reach an agreement between the parties. The CGT RA further indicates that, as a consequence, the National Executive established increases to the minimum adjustable living wage at levels closely aligned to those proposed by the employer sector, and that these were inadequate given inflation, and fell below the poverty line. The CGT RA also maintains that this damages the legitimacy of the Council as an institutional space, and that the Council needed to be reactivated with effective mechanisms for participation and decisions that respect the principle of social partnership. The Committee requests the Government to provide its comments in this regard. The Committee requests the Government to provide information on the participation of the representatives of the employers and workers concerned in applying wage-fixing within the National Council for Employment, Productivity and the Minimum Adjustable Living Wage.

Protection of wages

Article 1 of Convention No. 95. Components of remuneration. With regard to its previous comments, the Committee notes the Government’s indication in its report that, under unanimous case law of the courts of justice, the Convention also applies to benefits listed in section 103 bis of Act 20.744 of 1976 on labour contracts (LCT), that is: benefits including enterprise canteen services, medical, dental and medication expenses, work clothing and items related to clothing, childcare and/or nursery expenses, school equipment and smocks for children, general or specialized training courses or workshops, and funeral expenses for family members. In this connection, the Government cites the decision of the National Labour Appeals Court, Paniagua Mariano Hernán et al. v Telefónica De Argentina S.A. of 27 February 2023, which establishes as a general rule that any value received or accrued by the worker during the course of the employment relationship that cannot be otherwise attributed shall be considered remuneration and thus a component of wages. The Committee notes this information, which concerns its previous request.

Article 15(a), (b) and (c). Effective application and enforcement. The Committee notes that the CGT RA indicates that while the LCT incorporates the principles recognized under the Convention, practices persist that weaken its full application, particularly in the informal sector, subcontracted work and new forms of work. In this regard, the CGT RA states that the 2024–25 period saw an increase in informal payments, undocumented pay and the use of irregular contractual arrangements (monotax or false self-employment). The CGT RA also maintains that the incorporation in law of the concept of self-employed workers with collaborators provides a legal framework for labour fraud. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to ensure effective implementation of the provisions on wage protection, and to provide data on the number of inspections conducted, violations identified and penalties imposed, at federal and provincial levels.