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

Convention (n° 188) sur le travail dans la pêche, 2007 - Argentine (Ratification: 2011)

The Committee notes the Government’s second report on the application of the Convention and the observations of the General Confederation of Labour of the Argentine Republic (CGT-RA) received by the Office on 1 September 2023.

Impact of the COVID-19 pandemic. The Committee notes the Government’s indication, in reply to the Committee’s previous comments, that persons undertaking activities and providing services declared essential during the emergency, including activities connected to the production, distribution and marketing of fish, were excluded from the suspension of the duty to attend the workplace established under Decision No. 202/2020. The Government also indicates that, in order to reduce the spread and control propagation of COVID-19 among workers in the fisheries sector, the employers’ and workers’ organizations in the sector, together with the various enforcement authorities, established different health protocols. Finally, having been declared essential workers under Emergency Decree No. 297/20, fish workers were considered as “priority personnel” for COVID-19 vaccination. The Committee notes this information and welcomes the measures adopted.

General questions of application. Implementing measures. The Committee observes that, in general, the Government indicates limited progress in response to the Committee’s previous comments. The Committee requests that the Government adopt the necessary measures without delay to give full effect to the provisions of the Convention and to reply in detail to the points raised below.

Articles 1–4. Definitions and scope. The Committee notes the Government’s indication that the national fishing fleet is composed of 568 vessels, including artisanal vessels. The Committee requests the Government to clarify whether the collective agreements in the fishing sector cover all fishers working on board all fishing vessels covered by the Convention, in particular artisanal vessels.

Article 5. Basis for measurement. In view of the lack of information in response to its previous comments, the Committee again asks the Government to indicate the measurements adopted in application of Article 5.

Article 8(1) and (3). Responsibilities of fishing vessel owners. In the absence of information in response to its previous comments, the Committee requests the Government to adopt the necessary measures to ensure that: (i) The fishing vessel owner has the overall responsibility for providing the skipper with the necessary resources and facilities to comply with the obligations of this Convention; and (ii) the fishing vessel owner does not constrain the skipper from taking any decision which is necessary for the safety of the vessel and its safe navigation and safe operation, or for the safety of the fishers on board.

Article 9(5) and (6). Minimum age. Hazardous work. Night work. Trainees. The Committee requested the Government to specify whether trainees aged between 16 and 18 years can be authorized to perform hazardous work on board fishing vessels and whether they can work at night. The Committee notes that the Government indicates that: (1) under current labour regulations, the computerised personnel management system (Gestión del Personal de la Marina mercante (GEPERMM)), used under the responsibility of the Argentine Naval Authority (PNA) for the registration and qualification of the personnel of the National Merchant Marine, prohibits the embarkation of persons under the age of 18 years; and (2) at the date of submission of the report, there were no registers of trainees for fishing vessels. The Committee notes this information and requests the Government to report on any developments in this regard.

Articles 13 and 14. Hours of rest. The Committee notes that, in response to its previous comments regarding hours of rest, the Government refers to various collective agreements (CCT) and indicates that some of them contain a clause providing, where not stipulated in their own provisions, that the Employment Contract Act and relevant international standards apply. The Committee reiterates that those collective agreements, and the majority of other collective agreements in force for seagoing fishing vessels, do not regulate hours of rest on board, or provide for a minimum uninterrupted period of rest of eight hours (for example, CCT 580/10, section 25; CCT 586/10 section 40; CCT 708/15, section 40), which is less than the limit of ten hours in any 24-hour period established by Article 14 of the Convention. It further observes that only some agreements provide for the authority of the skipper to extend the working day beyond 12 hours in the event of “danger to human health, the catch or the safety of the vessel” (CCT 559/10 and 580/10, section 23; CCT 729/2015, section 25; CCT 788/2019, section 18), and that they provide for financial compensation instead of compensatory rest. Consequently, the Committee requests the Government to adopt the necessary measures to give full effect to Articles 13 and 14.

Article 16(b) and Annex II. Fisher’s work agreement. Minimum particulars.As the Government has provided no information in response to its comments, the Committee requests it to adopt the necessary measures to ensure that all fishers’ work agreements include, as a minimum, the detailed requirements contained in Annex II.

Articles 17(a) and 18. Fisher’s work agreement. Prior review and advice. Copy on board. The Committee notes that both the Navigation Act and most of the collective agreements in force provide that a copy of the fisher’s work agreement shall be carried on board. The Committee also notes the Government’s indication that all matters agreed between the parties and written into the contract must comply with labour law and the collective agreements. Anything contrary to these provisions shall be considered void and provisions that protect the worker shall apply. While noting this information, the Committee again requests the Government to indicatethe measures adopted to: (i) ensure that a fisher has an opportunity to review and seek advice on the terms of the work agreement before it is concluded (Article 17(a)); and (ii) ensure compliance with the requirement to carry the fisher’s work agreement on board (Article 18).

Article 21. Repatriation. With reference to its previous comments, the Committee observes that the current collective agreements, such as CCT 729/2015, do not include the agreements in force for the repatriation of fishers in the event of the fishing vessel owner failing to provide for the repatriation, and for recovery of the corresponding cost from the fishing vessel owner, as required by Article 21(4). The Committee requests the Government to specify the percentage of fishers covered by these collective agreements, and to indicate the measures adopted to comply with the aspects of Article 21 that are not covered by the agreements and, in any event, to ensure that no fisher is deprived of the right to repatriation, including in cases where the fisher is in serious default of his or her work agreement obligations and without prejudice to the right of the fishing vessel owner to recover the cost of repatriation (Article 21(1) and (2)).

Article 22. Recruitment and placement. In the absence of any information in response to its comments, the Committee again requests the Government to describe how it is ensured that the recruitment and placement service which operates according to a collective agreement has implemented measures for the protection and promotion of fishers’ employment rights in conformity with Article 22(3)(a) and (b). The Committee also again requests the Government to provide information on the setting up and operation of the Single Recruitment Centre (CUCGEMARA).

Article 24. Payment of fishers. Transfer to families. The Committee notes the Government’s indication, in response to the Committee’s comments, that fishers may transmit part of their earned wages to their families by virtue of Decision No. 360/2001 of the Ministry of Labour, which requires that wages be paid through the banking system. Under this arrangement, payees may include their families among the beneficiaries. The Committee takes note of this information.

Articles 25 and 26. Accommodation.In the absence of any information in response to its comments, the Committee again requests the Government to indicate the measures adopted to give effect to Article 26 and Annex III of the Convention, specifying any other regulation that may have been adopted in accordance with paragraphs 15 (minimum headroom), 39 (floor areas), 47 (dimensions of berths) and 62 (sanitary facilities) of Annex III, and providing information on related consultations.

Article 27. Food. In the absence of any information in response to its comments, the Committee again requests the Government to adopt the necessary measures to give full effect to the requirements of Article 27(a) and (b) and to paragraphs 78 and 79 of Annex III of the Convention.

Articles 29 and 30. Medical care. The Committee notes that sections 659 and following of the Navigation Act give effect to the requirement of medical care on board and on land provided under Articles 29(e) and 30(f), and that Order No. 3/2001 of the PNA give partial effect to Articles 29(a), (c) and (d) and 30(a).The Committee requests the Government to indicate the measures adopted to ensure that: (i) the medical equipment and medical supplies take into account the number of fishers on board, the area of operation and the length of the voyage (Article 29(a)); and (ii) are accompanied by instructions in a language and format understood by the fishers (Article 29(c)). Considering that Order No. 6/82 of the PNA requires that all vessels of more than 35 metres in length in inland navigation and of more than 24 metres in length in maritime navigation adhere to the Communications Service for the Safety of Navigation of the Argentine Republic, the Committee requests the Government to indicate the measures adopted to ensure that all fishing vessels covered by the Convention are equipped to be able to communicate by radio or by satellite with persons or services on land who can provide medical advice, taking into account the area of operation and the length of the voyage (Article 29(d)). The Committee also requests the Government to provide information on national legislation or other measures adopted to give effect to the additional requirements in respect of medical care provided under Article 30 for fishing vessels of 24 metres in length and over, taking into account the number of fishers on board, the area of operation and the duration of the voyage.

Articles 31 to 33. Occupational safety and health and accident prevention. The Committee notes the Government’s indication, in response to the Committee’s previous comments that the Handbook of good practices in deep sea fishing, prepared by the quadripartite Working Group from the fishing sector, which contributes to giving effect to Article 32(2)(a), was approved in 2021. Nevertheless, the Committee observes that, with regard to all other matters, the Government refers again to general occupational safety and health legislation, without identifying relevant provisions or indicating in what manner the application of the general legislation takes into account the particular nature of work on board any category of fishing vessel. The Committee therefore requests the Government to adopt the necessary measures to give full effect, in law and in practice, to the requirements of Article 31 and to the additional requirements established by Article 32 regarding fishing vessels of 24 metres in length and over normally remaining at sea for more than three days and, after consultation, to other fishing vessels.

Articles 34–37. Social security. The Committee notes the information provided by the Government on the single social tax for family agri-businesses (Monotributo social), in response to the observations of the CGT-RA and the CTA Autonomous. The Committee further notes the Government’s indication, in response to the Committee’s earlier comments, that fishers are subject to social security legislation under Act No. 24.341 on the integrated retirement and pension system, which addresses old-age, invalidity and survivors. At the same time, the law of Argentina provides for the possibility of reducing the age and years of service requirements for access to the ordinary pension scheme for employee fishing crew members and for fishing crew members who work without a dependent employment relationship. In this connection, by virtue of Decrees Nos 6730/1968 and 3092/1971, these workers have access to the benefit as from 52 years of age, and after 25 years of service. The Government also indicates, with regard to occupational accidents and diseases (medical assistance, temporary or permanent incapacity to work, serious disability), that Act No. 24.557 (the Occupational Risks Act) is applicable. The Committee notes that the Government refers to: (i) multilateral agreements on social security concluded by Argentina (for example, the Multilateral Ibero-American Social Security Agreement, which establishes that where workers resident in a State Party provide services to a mixed fishing enterprise incorporated in another State Party, and on a vessel flying the flag of that State Party, the laws of the country of residence are applicable); and (ii) bilateral social security agreements with various countries. The Committee requests the Government to provide: (i) statistical data on fishers who normally reside in Argentina and work on fishing vessels flying foreign flags outside countries party to the multilateral social security agreements signed by Argentina or countries with which bilateral agreements have been concluded; and (ii) information on social security coverage within the framework of the Convention.

Article 40. Flag State responsibilities. Supervisory system. The Committee notes the Government’s indication, with regard to access to vessels, that the Ministry of Labour has limited inspection capacity, currently limited to one inspection sector of federal competence, and only able to conduct an average of 100 inspections of fishing vessels a year. The Government also indicates, with a view to improving the inspection service and in giving effect to the Convention, plans are in place to accede to the training provided under the project “Strengthening decent work in the fishing sector” implemented by the ILO. The Committee notes that the CGT-RA emphasizes that its affiliate, the Maritime Workers’ Union (SOMU), points to the need for the Government to focus especially on monitoring compliance with Articles 13 and 14 of the Convention with reference to minimum hours of rest to be enjoyed by all crew members working on board all fishing vessels especially on vessels operating as squid-jiggers. The Committee requests the Government to provide its comments with regard to the observations of the CGT-RA and to adopt the necessary measures to strengthen its inspection capacity in the fishing sector in conformity with the Convention.

Article 41. Flag State responsibilities. Fishing certificate. The Committee notes that the Government, in response to its previous comments, provides information on action taken to implement additional protocol No. 2 to the “Agreement No. 22 of 17 March 2015 on cooperation, collaboration and assistance with respect to enforcement of the Maritime Labour Convention (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188) of the International Labour Organization (ILO)”, concluded between the Ministry of Labour, The Ministry of Security and the Occupational Risk Supervisory Authority (SRT), which includes the establishment of a tripartite roundtable to draw up the fishing certificate. While noting this information, the Committee requests the Government to adopt without delay the necessary measures to give full effect to Article 41 and to communicate a copy of the fishing certificate issued in conformity with the Convention, together with the inspection reports on the basis of which the certificate has been issued.

Article 43(2) to (4) and 44. Port State responsibilities. Inspections. Prohibition on more favourable treatment. The Committee notes the work undertaken by the Government to give effect to Articles 43 and 44 of the Convention in the framework of the Latin American Agreement on Port State Control of Vessels (the Viña del Mar agreement). It also notes the “Procedure for inspections initiated on reception of a complaint”, applicable in the event of a fishing vessel calling at an Argentinian port in the normal course of its business or for operational reasons. Taking into account that the port State must also intervene where there is evidence that such vessels do not conform to the requirements of the Convention (see Article 43(2)), the Committee requests the Government to provide detailed information on the enforcement measures adopted by the port State in the event of non-compliance with the provisions of the Convention, indicating the number and of cases examined and the nature of any measure adopted. The Committee also requests the Government to provide information on inspections of fishing vessels flying the flag of any State that has not ratified the Convention (Article 44).

[ The Government is asked to reply in full to the present comments in 2027 .]