Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 177) sur le travail à domicile, 1996 - Argentine (Ratification: 2006)

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 23 August 2022. The Committee requests the Government to send its reply in this respect.

Articles 1–5 of the Convention. Scope of application. National policy. The Committee notes with interest the measures adopted during the reporting period relating to telework, including that covered by the Convention, namely telework as a permanent rather than an occasional arrangement. Such measures include: (i) the adoption on 30 July 2020 of Act No. 27.555, establishing the legal framework for telework contracts and providing that persons working under such arrangements shall enjoy the same rights and obligations as persons working on site; (ii) the adoption on 19 January 2021 of the regulating decree to the above Act, Decree No. 27/2021, regulating aspects such as the right to digital disconnection (section 5) and the right to interrupt work for reasons of care (section 6); and (iii) the conclusion of various collective agreements under Act No. 27.555. The Committee notes that, in accordance with section 102 bis of the Employment Contract Act introduced by Act No. 27.555, telework is considered the completion of activities, performance of work or provision of services carried out entirely or partially in the home of the worker, or in locations separate from the premises of the employer, through the use of information and communication technologies. Under section 1 of Decree No. 27/2021, Act No. 27.555 is not applicable to cases in which the work is carried out in the workplaces, offices or branches of the clients to whom the employer provides ongoing or regular services, or in cases in which the work is carried out sporadically and occasionally in the home of the worker, whether at that person’s request or owing to exceptional circumstances. In this respect, the Committee recalls that the Convention does not apply to persons who are wage earners who occasionally perform their work as such in their homes rather than at their usual workplace. The Committee emphasizes, however, that teleworking as a permanent arrangement, whether full-time or part-time, but not in alternation with office-based work, is clearly covered by the definition of “home work” in Article 1(a) of the Convention. (General Survey of 2020 on Promoting employment and decent work in a changing landscape, paragraph 622). The Committee requests the Government to provide information on: (i) the impact of the measures mentioned to improve the situation of those workers who perform telework covered by the Convention, namely those who perform telework as a permanent arrangement, whether full-time or part-time; and (ii) the consultations held with employers’ and workers’ organizations with respect to the development, implementation and review of such measures.

Articles 4(2)(c) and 7. Equality of treatment in relation to protection in the field of occupational safety and health. Application of safety and health laws and regulations to homeworkers. The Committee notes that the Government reiterates once again that, under the provisions of Act No. 12.713 on home work and its regulating decree, Decree No. 118.755/42, the premises where home work is carried out must meet the health and safety conditions determined by the competent authority. In addition, the provisions stipulate that the rules in the general legislation on occupational safety and health and work-related risks for other workers apply to homeworkers. In relation to the enforcement of these regulations on home work, the Government indicates that, in accordance with Resolution 1552/2012 of the Superintendent on Occupational Risks, the employer, with the worker’s consent and notification of the exact date and time of the visit, may verify the work conditions determined by the worker for the performance of his or her work, through an occupational safety and health expert of the enterprise, who may be accompanied by an agent of the occupational risk insurer or a trade union representative.

The Committee also notes the occupational safety and health measures relating to telework provided for in section 14 of Act No. 27.555, which include: (i) the adoption of occupational safety and health regulations for those working under teleworking arrangements; (ii) the involvement of trade unions in monitoring the application of these regulations; (iii) the inclusion of diseases relevant to teleworking arrangements in the list of occupational diseases; and (iv) the assumption that accidents that occur in the place, time or performance of work are occupational accidents. The Committee also notes that section 14 of Decree No. 27/2021 provides that a study be carried out on the safety and health conditions applicable and on the potential need to include diseases related to teleworking arrangements in the list of occupational diseases. Lastly, the Government refers to Resolution SRT No. 1.552/2012 on the minimum safety and health conditions for those working under teleworking arrangements, which establishes the employer’s obligation to notify the occupational risk insurer of the location of teleworkers and to provide the worker with certain equipment, such as an ergonomic chair and a portable fire extinguisher. The Committee requests the Government to provide information on the nature and impact of the specific measures taken in the area of occupational safety and health that take due account of the special characteristics of home work, including the number of inspections conducted in places where home work is carried out, violations found, penalties imposed on those responsible and compensation awarded. The Committee also requests the Government to provide information on the outcome of the study on the safety and health conditions related to telework provided for in section 14 of Decree No. 27/2021.

Article 4(2)(d). Equality of treatment in relation to remuneration. The Government indicates that, in May 2022, the tripartite Home Work Wage Committee for the Garment Industry concluded a wage agreement for the garment sector with a view to updating the rates for the home work scheme. The Committee notes the information included in the Government’s report on the different minimum wage rates in force in 2022 in the textile industry, fixed per hour and per piece. In this respect, the CGT RA indicates that the Wage Committee has established equal rights between homeworkers and those working on site in the garment sector. With respect to those working permanently under teleworking arrangements, section 3 of Act No. 27.555 provides that their remuneration shall not be less than that which they receive under on-site arrangements. It also provides that the collective agreements must, in line with the reality of each activity, provide equally for on-site and teleworking arrangements. The Committee also notes that the compensation the worker receives for the higher connectivity costs and or services they have to use are not considered part of remuneration (section 10 of Act No. 27.555 and section 10 of Decree No. 27/2021). The equipment, work tools and support necessary for the performance of the tasks, which the employer must provide to the worker, are also not considered part of remuneration, (section 9 of Act No. 27.555 and section 9 of Decree No. 27/2021). The Committee requests the Government to continue providing updated and detailed information on the nature and impact of the measures adopted or envisaged with a view to encouraging equality of treatment in terms of remuneration between homeworkers in the various sectors of the economy and other wage earners.

Article 4(2)(e). Equality of treatment in relation to protection by social security schemes. The Committee notes the Government’s indication that there is no distinction between homeworkers and other workers with regard to their rights and obligations concerning social security. The Committee also notes the information provided by the Government on the measures adopted to combat informality, which include: (i) the implementation of the Minimum Worker Indicator to calculate the minimum workforce needed to carry out an activity in the workshops; (ii) the establishment in 2014 of the Special Unit for the Inspection of Irregular Work to analyse, investigate and assess situations of unregistered work in sectors that are challenging to inspect, as well as all forms of illegal subcontracting and social security fraud; (iii) the implementation of the National Plan for the Regularization of Labour (PNRT) with a view to increasing the number of registered workers and facilitating their inclusion in the Social Security System with the help of inspections; and (iv) the establishment of social security registration and deregistration records. The Committee notes, however, that the Government’s report does not include information on the impact of these measures on home work or on the number of homeworkers who are covered by the various social security schemes. In the light of the foregoing, the Committee once again requests the Government to provide information on: (i) the impact of the measures adopted to guarantee in practice the access of homeworkers, under equal conditions to other workers, to the social security system, and the impact on the reduction in rates of informality in home work; and (ii) the numbers of homeworkers, disaggregated by sex and by sector, who are covered by the various social security schemes.

Article 4(2)(f). Equality of treatment in relation to training. The Government refers to the implementation of the Continuous Vocational Training Plan, which sets out measures to improve employability and skills development through training and certification activities, and to promote integration or reintegration into the formal labour market. However, the Government does not indicate which measures have been taken under the above-mentioned Plan with regard to the training for homeworkers. With regard to workers who telework on a permanent basis, the Committee welcomes the fact that section 11 of Act No. 27.555 establishes employers’ obligation to ensure appropriate training for their dependent workers in new technologies, providing courses and support tools, both virtually and in person. Section 11 also sets forth that such training shall not imply a heavier workload and shall be carried out jointly with the representative trade union body and the Ministry of Labour, Employment and Social Security (MTESS). The Committee requests the Government to provide detailed information on the nature and impact of the specific measures taken in relation to training for homeworkers.

Articles 6 and 9. Labour statistics. Labour inspection. Application in practice. The Committee notes the detailed information provided by the Government relating to labour inspection in home work, which is entrusted to the local authorities. The Government reports that, in Buenos Aires, inspections can result from complaints received or be routine functions under the remit of the General Directorate of Labour Protection and the Undersecretariat for Labour. Actions are also carried out with other local or national government bodies. The Government further reports on the various competences of labour inspectors in the discharge of their duties in home work, such as requesting documentation from employers, closing workplaces where required by law, and interviewing employers and staff. The Committee also notes the Government’s indication that one of the objectives of the labour inspectorate is inspection of the entire production chain of the textile industry in order to ensure compliance with the existing regulations on workers’ protection. In line with the objective of regularization and protection of homeworkers, the Register of Homeworkers was established in 2008 in Buenos Aires to ensure more effective supervision of the production chain in the textile industry. The Government indicates that, in January 2017, out of a list of 583 workshops in Buenos Aires, 312 inspections involved warnings to the workplaces to regularize the various contraventions found. The Committee notes, nevertheless, that the Government has not provided information on the type of contraventions found, the penalties imposed and the compensation awarded, nor on the labour inspections conducted in the provinces.

The Committee notes, with respect to labour inspection in telework, that section 18 of Decree No. 27/2021 establishes the register of enterprises that use this arrangement and the information required (such as the software or platform used and the list of persons teleworking), as well as the applicability of the provisions on labour inspection set out in the general regime (Act 25.877 and its amendments). Lastly, the Government refers to the implementation of the Procedural Protocol for inspection of home work outside of the province in which the employer’s workplace is located. With regard to the statistics on home work, (Article 6 of the Convention), the Committee regrets to note that once again the Government has not provided statistical information to enable it to examine the implementation of the provisions of the Convention in practice. The Committee therefore once again requests the Government to provide detailed and updated information on the measures adopted or envisaged to ensure that statistics on homeworkers, including those in the garment and footwear industry, and those in teleworking arrangements, disaggregated by sex, age and sector, are gathered and analysed. The Committee also requests the Government to provide information regarding the application in practice of the Convention, including copies of court decisions in relation to the principles of the Convention and extracts from inspection reports, and to indicate the number of inspections carried out and their outcomes.