Rapport où le comité demande à être informé de l’évolution de la situation - Rapport No. 409, Mars 2025

Cas no 3315 (Argentine) - Date de la plainte: 15-FÉVR.-18 - En suivi

Allegations: The complainant organization alleges acts of interference in the functioning of trade union organizations arising out of the issuance of Provision 17-E/2017, state interference in the election processes of trade union organizations, delays in procedures conducted by the administrative labour authority, infringements of collective bargaining and various anti-union practices

1. 47. The complaint is contained in a communication from the Confederation of Workers of Argentina Autonomous (CTA Autonomous) and other affiliated trade unions, dated 15 February 2018.
2. 48. The Government sent its observations in communications dated March and June 2019, and 14 January 2025.
3. 49. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

The complainants’ allegations

1. 50. In a communication dated 15 February 2018, CTA Autonomous and other trade union organizations reported acts of interference in the functioning of trade union organizations by the state authorities, consisting of the issuance of Provision 17-E/2017 by the National Directorate of Trade Union Associations (DNAS) of the Ministry of Labour, Employment and Social Security (MTESS), interference in the election processes of trade union organizations and delays in procedures conducted by the MTESS, affecting their functioning and administration.
2. 51. The complainant allege that Provision 17-E/2017, published in the Official Gazette on 7 December 2017, provides for the removal or cancellation of the special registration of trade union associations on two grounds: failure to provide evidence, within three years of the Provision’s date of publication, of their operational activities, and failure to comply with their periodic legal obligations under the Act on Trade Union Associations, No. 23551, and its Regulatory Decree 467/1988. They add that: (i) according to Provision 17-E/2017, registration is a “benefit” that may be lost if the registration requirements are not met, disregarding the fact that trade union associations are legal entities with a right to registration; (ii) given its importance, the removal of a trade union association from the special register must be ordered by a ministerial resolution of the MTESS and not by a body under this Ministry; (iii) the penalty of “removal from the special register” and the cancellation of the union’s registration are not provided for by law and are not powers conferred on an administrative body without prior court authorization; (iv) a trade union organization’s inactivity alone cannot constitute a breach of its legal obligations and, moreover, compliance with many trade union associations’ obligations under the law depends on the actions of the DNAS, such that inaction or late action by the administrative authority delays or prevents fulfilment of these obligations (such as signing trade union resolutions or books, or approving amendments to statutes) by trade union associations; and (v) the 60-day period for demonstrating compliance with the legal obligations under Provision 17-E/2017 is derisory because it does not allow for irregularities to be corrected or for any breaches to be justified.
3. 52. The complainant further allege that, in practice, the interference by the public authorities is persistent, and includes interference in electoral processes and delays in proceedings involving the MTESS. They refer to the cases of: (i) the Association of Medical Advertising Agents (AAPM) and the Argentinian Association of Medical Advertising Agents (FAAPROME), concerning allegations of the lack of impetus for collective bargaining since 2016, failure to take action against acts of bad faith in negotiations on the employers’ part, and harassment, intimidation and threats of dismissal by the employers against members of the trade union organization to make them withdraw their membership, citing the cases of the companies Elea, Casasco, Roemmers and Nova Argentia (the four companies), in which more than 50 members withdrew, all supposedly for personal reasons, between March and May 2017; (ii) the Association of Management Staff of the Argentine Railways (APDFA), concerning the alleged suspension of elections of delegates and the executive committee by the MTESS in 2017 owing to challenges against members on an electoral list, without first exhausting the union channels provided for by law; (iii) the Workers’ Union of the Social Welfare Scheme for Teachers (SITOSPLAD), concerning the alleged paralysis of the procedure, initiated in 2010, for obtaining its trade union status – despite it being the most representative trade union in its field – which prevented it from signing collective agreements; (iv) the Trade Union of San Martín del Tabacal Refinery Sugar Workers, concerning allegations that, in 2016, the MTESS ordered two compulsory conciliation processes that prevented them from exercising their right to strike and resulted in the Union being fined; allegations of dismissal of the CTA Autonomous delegates Cesar Eduardo Csalbon, Gustavo Yepez Never and Juan Ariel Agustín; and alleged threats of dismissal against more than 180 workers without observing the crisis prevention procedure established under Act No. 24013; (v) the Trade Union of Ledesma Refinery Sugar Workers and Employees (SOEAIL), concerning allegations that, in 2017, the DNAS twice suspended the electoral process owing to challenges filed by members of the executive committee, without first exhausting union channels provided for by law to resolve them, and that compulsory conciliation was ordered in 2016, which affected their right to strike and resulted in the union being fined for failing to comply with administrative orders and for burning tyres during the dispute; (vi) the Federation of Sugar Industry Employees (FEIA), concerning an alleged failure to issue certificates for union officials, the failure by the MTESS to appoint observers in the electoral process requested in 2015, intervention by the MTESS in the electoral process undertaken in 2015 without having exhausted the remedies available within the association, and delays in resolving the administrative challenges filed by the trade union organization against the administrative labour authority’s intervention in the electoral process; (vii) the Teachers’ Guild Association of the University of Buenos Aires (AGD-UBA), concerning allegations that the certificates of trade union officials were issued late and with errors in the text, which prevented them from undertaking various acts of accounting and financial management for the union; (viii) the National Federation of University Teachers, Researchers and Creators (Historical CONADU), concerning allegations of financial interference through the restriction of funds earmarked for training by the Ministry of Education in retaliation for not supporting government initiatives; delays in deciding on the extension of the body’s official trade union status, the registration of member organizations, such as the Trade Union of Teaching and Research Staff of the National Technological University and the Teachers’ Guild Association of the National University of Córdoba, and their inclusion in the negotiating committees, which affected their right to collective bargaining; delays in the registration of the Trade Union of Teaching and Research Staff of the National University of Quilmes; and the failure to issue certificates for the trade union officials of the Association of University Teaching Staff in 2016; (ix) the Union of Public Health Workers of Neuquén (SIPROSAPUNE), concerning allegations of refusing the union’s registration, which had been pending since 2014, for which a complaint has been lodged with the judicial authorities; (x) the Union of Healthcare Workers (UTS), alleging the refusal by the DNAS of the call for elections of delegates in 2017; (xi) the Teaching Staff Association of the National University of Luján (ADUN-LU), concerning alleged delays in the accreditation process of trade union officials initiated in 2017; (xii) Association of Secondary and Higher Education Teaching Staff (ADEMYS), concerning allegations of an objection from the Directorate-General for Labour Relations to delegates’ elections on the grounds that it lacked official trade union status; (xiii) the Construction Industry Workers’ Union (SITRAIC), concerning allegations of delays in granting accreditation to trade union officials since 2017 and the failure to approve an agreement allowing check-off facilities for union dues since 2016; (xiv) the Chaco Security Union (SISECH), concerning alleged delays (more than ten months with no response) in issuing certificates to trade union officials, which had caused problems with the Union’s financial management; and (xv) the Argensun Workers’ Union (UDETA), concerning allegations of the suspension of the electoral process by the MTESS based on an objection to the electoral process by another trade union in 2017, the dismissal of the request for observers of the election process and delays in the accreditation of officials. The complainant adds that the MTESS lacks the authority to intervene in trade union elections and that the delays on the part of the administrative labour authority in discharging its duties ultimately affect the trade union organizations’ internal operations.

B. The Government’s reply

1. 53. In a communication dated March 2019, the Government indicates that: (i) CTA Autonomous has petitioned the courts, through amparo proceedings, to suspend Provision 17 E/2017 issued by the DNAS, and a judgment is pending; and (ii) Provision 17-E/2017 states that registration of a union can be cancelled only by the courts and that if the trade union did not update its details within 60 days of publication of the Provision, it would be in breach of its obligations under the law.
2. 54. In a communication received in May 2019, the Government forwarded supplementary information on the situation of some of the trade union organizations involved in the complaint: (i) in the case of SOEAIL Jujuy, it indicates that the DNAS declared the assembly null and void; that, as a precautionary measure, a court of first instance ordered the extension of the executive committee’s mandate, which had already expired, and the Directorate complied by issuing the relevant certificate; and that the complaints from those who called into question the electoral process had given rise to irregularities and violations of the statutes; (ii) in the case of the FEIA, it is stated that a standardizing delegate was appointed in December 2016 and that the case is before the National Labour Court of Appeal; (iii) in the case of the AGD UBA, it is noted that the trade union organization’s officials have valid accreditation until 30 June 2020; (iv) in the case of SITRAIC, it indicates that union officials have valid accreditation until 19 November 2021; and (v) in the case of SISECH, it is noted that union officials have valid accreditation until 9 April 2020.
3. 55. In a communication dated June 2023, the Government provided new information concerning the Historical CONADU case and the inclusion of two of its affiliated trade unions in the negotiating committees. This information indicates that a collective agreement for teachers at the national university institutions, which includes the Federation, was approved on 1 July 2015. With regard to the special negotiating committee for the National Technological University, it states that the Teachers’ Guild Association of the National Technological University (FAGDUT) opposed the inclusion of the Historical CONADU and its affiliated trade union in the relevant negotiating committee, indicating that, by a court-approved agreement, the National Technological University recognized FAGDUT as the only association in the field with trade union status, acting as the representative of all teaching staff. It also indicates that, as FAGDUT broke its affiliation with Historical CONADU, the Federation lost its official trade union status at the National Technological University. Concerning the Teachers’ Guild Association of the University of Córdoba, which is affiliated with Historical CONADU, the Government states that the Córdoba Association of Teaching and Research Staff and CONADU opposed the Guild’s inclusion in the negotiating committee, alleging that Historical CONADU’s union status does not cover the National University of Córdoba. The Government adds that the proceedings initiated by Historical CONADU in relation to the cases of the National Technological University and the National University of Córdoba are pending resolution.
4. 56. In a communication dated 14 January 2025, the Government provided new supplementary information indicating that Provision 17-E/2017 of the DNAS had been annulled by Secretariat of Labour Resolution No. 751/2019 of 6 June 2019. Furthermore, regarding the alleged acts of state interference in the internal autonomy of the unions, it states that: (i) as both the AAPM and FAAPROME had concluded collective agreements with the sector’s chambers since 2019, the alleged infringements of the right to collective bargaining cited in the complaint were resolved voluntarily by the parties and, concerning the complaint of intimidation and extortion by employers against members to make them withdraw their membership, the right to voluntarily leave a trade union organization is protected by the principles of freedom of association; (ii) in the case of the APDFA, the precautionary measure requested by the union to extend the mandates of its executive committee were dismissed in a ruling issued by the labour courts, thereby endorsing the administrative labour authority’s actions reported in the complaint; (iii) in the case of SITOSPLAD, the Government reports that the union was granted official status by Ministry of Production and Labour (MPYT) Resolution No. 1134/2019 of 31 October 2019; (iv) in the case of the FEIA, the certificates for officials on the executive and auditors’ committees were issued for the 2019–23 term of office, and certificates for officials on the executive and auditors’ committees were issued for the period 2023–27; it is also indicated that on 28 December 2020 the National Labour Court of Appeal handed down a final judgment upholding the FEIA’s claims, and annulling the resolutions in favour of the objections to the union’s electoral process and the appointment of an electoral delegate by the Ministry of Production and Labour; (v) in the case of the AGD-UBA, the certificate for officials on the executive committee and the auditors’ committee was issued for the periods 2014–17, 2017–20 and 2022–25; (vi) in the case of the allegations concerning the Historical CONADU, the Government states that the requested extension of official trade union status was the subject matter of the administrative labour authority’s opinion of 28 August 2015, requiring the trade union organization to demonstrate the membership of the lower level unions and the Federation’s acceptance thereof, an observation to which the Federation failed to respond; it was also stated that certificates for officials on the Federation’s executive committee have been issued for the period 2021–25 and that certificates for officials on the executive committee of the Association of Teaching and Research Staff of the National University of Quilmes have been issued for the period 2021–25, adding that, in relation to previous periods (2016–20), officials were only registered with the DNAS, as the terms of office had already expired when the administrative labour authority was notified; (vii) in the case of SIPROSAPUNE, concerning allegations of delays in trade union registration, reference is made to MTESS Resolution No. 830/2020 of 21 July 2020, granting registration of the union; (viii) in the case of the ADUN LU, certificates for the executive committee were issued for the 2018–20 and 2020–21 terms of office, and certificates for officials on the executive and auditors’ committees were issued for the periods 2022–24 and 2024–26; (ix) in the case of SITRAIC, certificates for trade union officials and auditors’ committee officials were issued for the 2013–17, 2017–21 and 2022–25 terms of office; (x) in the case of SISECH, accreditation for officials was issued for the period 2016–20, but no notification has been received of subsequent elections; and (xi) in the case of UDETA, the union has a registered mandate for officials on its executive and auditors’ committees for the period 2013–17, but no notification has been received of subsequent elections.

C. The Committee’s conclusions

1. 57. The Committee observes that the present case relates to numerous allegations of interference in the functioning of trade union organizations arising out of the issuance of Provision 17-E/2017, delays in the granting of trade union status and the issuing of certificates of trade union officials, state interference in the election processes of several trade union organizations, infringements of collective bargaining and various anti-union practices. The Committee notes the Government’s corresponding replies, while observing that they do not refer to all the specific cases reported by the complainant organization.
2. 58. The Committee notes that the complainant’s allegations concern, firstly, the adoption of Provision 17-E/2017, issued by the MTESS National Directorate of Trade Union Associations on 7 December 2017. The Committee observes that, pursuant to the Provision: (i) the special register of trade union associations was to be updated by removing registered trade union associations that failed to provide evidence, within three years of the Provision’s date of publication, of their operational activities and of compliance with their periodic legal obligations under Act No. 23551; (ii) the MTESS Directorate-General of Legal Affairs was to petition the courts for the suspension or cancellation of the official status of trade unions removed from the register; and (iii) trade unions were granted a period of 60 days from the publication of the Provision to demonstrate compliance with the functional requirements under Act No. 23551 as regards keeping the institution operational. The Committee takes note of the complainant’s allegations that the penalty of removal from the special register and the cancellation of union registration under Provision 17-E/2017 are not provided for by law and are not powers conferred on an administrative body without prior court authorization, and that a trade union organization’s inactivity alone cannot constitute a breach of its legal obligations, especially when inaction or late action on the part of the state authorities in relation to certain trade union obligations may delay or prevent the fulfilment of those obligations.
3. 59. The Committee notes that, for its part, the Government: (i) indicated in its communication of March 2019 that Provision 17-E/2017 provided for the cancellation of a union’s registration through the courts if, after 60 days following its publication, the trade union organization had not complied with its legal obligations; and (ii) indicated in its communication of 14 January 2025 that Provision 17 E/2017 of the DNAS had been annulled by Secretariat of Labour Resolution No. 751/2019 of 6 June 2019. The Committee takes note of these various elements. The Committee observes that, according to the text of Provision 17-E/2017, while the cancellation of a trade union’s registration for failing to comply with its legal obligations would require a court decision, the removal of a union from the special register of trade union associations owing to inactivity was, however, within the labour authority’s remit. Recalling that it has considered that the cancellation of registration of an organization by the registrar of trade unions or their removal from the register is tantamount to the dissolution of that organization by administrative authority [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 988] and that the cancellation of a trade union’s registration should only be possible through judicial channels [see Compilation, para. 990], the Committee welcomes the fact that the provision in question has been set aside and it will consequently not pursue its examination of this allegation.
4. 60. The Committee observes that the allegations made in the complaint largely relate to delays in the administrative labour authority’s procedures, relating to the granting and extension of trade union status and the accreditation of trade union officials. According to the complainant organization, these delays affect the functioning of the trade union organizations, especially their financial management and even their ability to participate in negotiating committees. In this regard, the Committee notes that: (i) in the case of SITOSPLAD, concerning allegations of the paralysis of the procedure for obtaining its trade union status initiated in 2010, the Government reports that the union was granted official status by MPYT Resolution No. 1134/2019 of 31 October 2019; (ii) in the case of SIPROSAPUNE, concerning allegations of delays in the union’s registration, which had been pending since 2014, the Government reports that the union was granted registration by MTESS Resolution No. 830/2020 of 21 July 2020; (iii) in the case of the FEIA, concerning an alleged failure to issue certificates (without indicating the corresponding period), the Government reports that accreditation of officials on the executive and auditors’ committees was issued on 11 July 2019 for the term of office from 13 June 2019 to 13 June 2023, and certificates for officials on the executive and auditors’ committees were issued on 3 July 2023 for the period from 13 June 2023 to 13 June 2027; (iv) in the case of AGD-UBA, concerning allegations that accreditation of the trade union officials was issued late and with errors, the Government indicates that the certificates for officials on the executive committee and the auditors’ committee were issued on 6 June 2014 for the period from 1 July 2014 to 30 June 2017, on 9 November 2017 for the period from 1 July 2017 to 30 June 2020, and on 11 May 2022 for the period from 30 April 2022 to 29 April 2025; (v) in the case of Historical CONADU, concerning allegations of delays in the extension of trade union status requested since 2015 and the failure to issue accreditation to officials at the Association of Teaching and Research Staff of the National University of Quilmes and the Association of University Teachers since 2016, the Government indicates, in relation to the extension of trade union status, that Historical CONADU failed to respond to the observations made by the administrative labour authority and, in relation to the delays in the issuance of accreditation for the officials on Historical CONADU’s executive committee for the period 2021–25 and the certificates of the officials on the executive committee of the Association of Teaching and Research Staff of the National University of Quilmes for the 2021–25 term of office, that the certificates for officials on the Federation’s executive committee were issued for the period 2021–25 and that the certificates for officials on the executive committee of the Association of Teaching and Research Staff of the National University of Quilmes for the term of office from 23 December 2021 to 23 December 2025 were only issued on 7 December 2023, adding that, regarding the previous periods (2016–20), officials were only registered with the DNAS, as the terms of office had already expired when the administrative labour authority was notified; (vi) in the case of the ADUN-LU, concerning alleged delays in the accreditation process of trade union officials initiated in 2017, the Government reports that the accreditation of the executive committee for the period from 12 December 2018 to 12 December 2020 was issued on 20 July 2020, a few months after the mandate had ended; (vii) in the case of SITRAIC, concerning alleged delays in granting accreditation to officials since 2017 and the failure to approve an agreement allowing check-off facilities for union dues since 2016, the Government indicates that certificates for the trade union officials and the auditors’ committee officials were issued on 20 December 2013 and 6 February 2014, respectively, for the period from 19 November 2013 to 19 November 2017, and that certificates for the trade union officials and the auditors’ committee officials were issued on 14 May 2018 for the period from 19 November 2017 to 19 November 2021; (viii) in the case of SISECH, concerning alleged delays (more than ten months without a response) in issuing accreditation to trade union officials, which caused financial problems at the Union, the Government indicates that the officials’ certificates were issued on 4 November 2016 for the period from 9 April 2016 to 9 April 2020; and (ix) in the case of UDETA, concerning the alleged dismissal by the MTESS of the request for observers of the election process and the lack of a response to the requests for accreditation of officials, despite complying with the statutory requirements, the Government indicates that UDETA has a registered mandate for officials on its executive committee and auditors’ committee for the period from 27 December 2013 to 27 December 2017, issued in March 2015.
5. 61. In the light of this information, the Committee notes that in a number of the cases reported by the complainant organization there is evidence of excessive delays, above all in the processing of applications for the registration of trade union status, but also in the issuing of accreditation of the trade union officials. The Committee recalls that it has considered that a long registration procedure constitutes a serious obstacle to the establishment of organizations and amounts to a denial of the right of workers to establish organizations without previous authorization [see Compilation, para. 463], and that the registration of the executive boards of trade union organizations should take place automatically when reported by the trade union, and should be contested only at the request of the members of the trade union in question [see Compilation, para. 604]. The Committee also recalls that on a number of occasions it urged the Government of Argentina to take measures to ensure that, when requests are made for the granting of trade union status, the competent administrative authorities decide on the matter without unjustified delay [see, for example, 404th Report, Case No. 3232, paras 146–184 or 375th Report, Case No. 2870, paras 15–21]. In this regard, the Committee urges the Government to adopt effective measures to avoid unjustified delays in the granting of trade union status, and in the registration of trade union officials and the granting of the corresponding certifications, as a matter of urgency.
6. 62. The Committee observes that other situations alleged by the complainant organization concern interference by the administrative labour authority in trade union elections. In this respect, the Committee notes that it appears from the information provided by the parties that: (i) in the case of the APDFA, the National Labour Court of First Instance No. 76, in its judgment of 28 May 2018, dismissed the precautionary measure requested by the union in order to extend the mandate of the executive committee, thereby endorsing the labour administration’s suspension of the electoral process and the appointment of a standardizing delegate; (ii) in the case of the SOEAIL, concerning allegations that, in 2017, the DNAS twice suspended the electoral process owing to challenges filed by members of the executive committee without first exhausting union channels, a court of first instance ordered the extension of the executive committee’s mandate, which had already expired; and (iii) in the case of the FEIA, a final judgment of Chamber VIII of the National Labour Court of Appeal, dated 28 December 2020, upholding the FEIA’s claims, annulled the administrative resolutions in favour of the objections to the union’s electoral process and the appointment of an electoral delegate by the administrative labour authority. The Committee recalls that in several cases concerning Argentina it has addressed allegations of interference by the state authorities in trade union elections (371st Report, Case No. 2979, paras 134–153; 364th Report, Case No. 2865, paras 107–163), stressing that any intervention by the public authorities in trade union elections runs the risk of appearing to be arbitrary and thus constituting interference in the functioning of these organizations, which is incompatible with Convention No. 87, Article 3, which recognizes their right to elect their representatives in full freedom [see Compilation, para. 634]. Observing that in the situations to which the present case relates, the interference of the labour administration in the election processes was ultimately challenged in the courts, the Committee also recalls that in cases where the results of trade union elections are challenged, such questions should be referred to the judicial authorities in order to guarantee an impartial, objective and expeditious procedure [see Compilation, para. 651]. On the basis of the above, the Committee requests the Government to take the necessary measures to ensure non-interference by the administrative authorities in the election processes of trade union organizations and that any disputes that may arise as a result of such processes are referred to the courts.
7. 63. With regard to the allegations of inaction by the administrative labour authority in view of the lack of impetus for collective bargaining that was affecting the FAAPROME, the Committee notes the Government’s indication that in December 2019 the trade union organization in question concluded joint agreements with its employer counterpart. Observing that the conclusion of these agreements suggests that the alleged difficulties to bargain collectively have been overcome, the Committee will not pursue its examination of this allegation.
8. 64. With regard to the allegations of non-inclusion in the negotiating committees of two trade unions affiliated to the Historical CONADU (the Trade Union of Research and Teaching Staff of the National Technological University and the Teachers’ Guild Association of the National University of Córdoba) the Committee notes the Government’s statement that other trade union organizations opposed their inclusion, considering that neither trade union had official trade union status in the sphere covered by the negotiating committees and that the proceedings initiated by the Historical CONADU are still pending resolution. Recalling that the allegations in question date back to 2018, the Committee requests the Government to take the necessary measures to ensure that the administrative proceedings initiated are resolved without delay and expects that the pending judicial proceedings will result in final decisions as soon as possible. The Committee requests the Government to keep it informed in this regard.
9. 65. The Committee observes that, regarding the alleged application of sanctions and the modification of the working conditions of trade union representatives, as well as acts of intimidation and threats aimed at making the workers of four enterprises withdraw their trade union membership, the Government’s communication confines itself to indicating that the right to voluntarily leave a union is protected by the principles of freedom of association, without indicating whether the complaints in question have been investigated by the competent authorities. In this respect, the Committee recalls that any coercion of workers or trade union officers to revoke their union membership constitutes a violation of the principle of freedom of association, in violation of Convention No. 87 [see Compilation, para. 1198]. In this regard, the Committee requests the Government to report whether the above-mentioned complaints have been thoroughly investigated by the competent authorities and to provide the results of the investigations.
10. 66. The Committee observes that the replies provided by the Government do not contain information about certain elements of the complaints made by the complainant organization, in particular in the following cases: (i) the Trade Union of San Martín del Tabacal Refinery Sugar Workers, concerning allegations that compulsory conciliation was ordered by the MTESS, which prevented the exercise of the right to strike and resulted in fines for the trade union association and the dismissal of CTA Autonomous delegates; (ii) the SOEAIL, regarding the ordering of compulsory conciliation, which affected the union’s right to strike and resulted in fines for non-compliance with administrative orders; (iii) the UTS, concerning the alleged refusal by the MTESS of the call for elections of delegates; and (iv) the ADEMYS, concerning allegations of challenges by the Directorate-General for Labour Relations of the MTESS of the results of elections of delegates on the grounds of their lack of official trade union status. The Committee consequently requests the Government to provide up-to-date information on the allegations made in respect of the cases mentioned.

The Committee’s recommendations

1. 67. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • The Committee urges the Government, in consultation with the representative employers’ and workers’ organizations, to adopt the actions necessary to avoid unjustified delays or refusals in procedures for the registration of trade unions or the granting of trade union status and undue delays in the accreditation of trade union officials.
   • The Committee requests the Government to take the necessary measures to ensure non-interference by the administrative authorities in the election processes of trade union organizations and that any disputes that may arise as a result of such processes are resolved through judicial channels; the Committee also requests the Government to inform it of the final outcome of the judicial processes initiated by the Association of Management Staff of the Argentine Railways (APDFA) and the Trade Union of Ledesma Refinery Sugar Workers and Employees (SOEAIL).
   • With regard to the allegations of non-inclusion in the negotiating committees of two trade unions affiliated to the National Federation of University Teachers, Researchers and Creators (Historical CONADU), the Committee requests the Government to take the necessary measures to ensure that the administrative proceedings initiated are resolved without delay and expects that the pending judicial proceedings will result in final decisions as soon as possible. The Committee requests the Government to provide information in this respect.
   • The Committee requests the Government to report whether the complaints of anti-union practices, including pressure on workers to withdraw their trade union membership in four enterprises, have been thoroughly investigated by the competent authorities and to provide the results of the investigations.
   • The Committee requests the Government to provide up-to-date information regarding the allegations for which it has not provided its observations concerning anti-union dismissals, compulsory conciliation and the Union of Healthcare Workers (UTS) and the Association of Secondary and Higher Education Teaching Staff (ADEMYS) electoral matters.