Rapport définitif - Rapport No. 415, Juin 2026

Cas no 3358 (Argentine) - Date de la plainte: 28-FÉVR.-19 - Clos

Allegations: The complainant organizations allege the forced retirement and persecution of a trade union representative and acts of interference in the SUOEM’s internal affairs

1. 78. The complaint is contained in a communication dated 28 February 2019 submitted by the Municipal Workers Confederation of the Argentine Republic (CTM) and the Union of Municipal Workers and Employees of Córdoba (SUOEM). The complainant organizations sent additional information in communications dated 25 April and 12 November 2019.
2. 79. The Government of Argentina sent its observations on the allegations in communications dated 5 and 8 March 2021 and 13 April 2026.
3. 80. 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 Workers' Representatives Convention, 1971 (No. 135), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. The complainants’ allegations

1. 81. In a communication dated 28 February 2019 the complainants allege that:
   • (i) Despite holding a mandate as SUOEM Secretary General that was valid until 3 January 2018, and enjoying union stability, in May 2017 Mr Osvaldo Rubén Daniele was forced by his employer, the Municipality of Córdoba, to begin the retirement process without following the procedure for exclusion from protection provided for under Act No. 24241;
   • (ii) Decree No. 2504 approved Mr Daniele's retirement in July 2017, with his leaving date set for 2 January 2018, a situation brought about during the SUOEM's elections with the alleged aim of interfering in that process and preventing Mr Daniele from standing as a candidate and renewing his trade union mandate;
   • (iii) In response to the issuing of Decree No. 2504 in July 2017, an appeal for amparo [protection of constitutional trade union rights] was lodged, in relation to which the court ordered the provisional suspension of the effects of the Decree so that Mr Daniele's retirement would not prevent his candidacy in the trade union's elections;
   • (iv) Despite the provisional suspension of the effects of Decree No. 2504, and so as not to cast doubt on the elections, Mr Daniele did not stand as a candidate, continuing to exercise his mandate as SUOEM Secretary General until 3 January 2018 and enjoying trade union stability for the following 12 months.
2. 82. In a communication received on 25 April 2019 the complainants report that:
   • (i) In April 2018 the Ministry of Labour, Employment and Social Security ordered the SUOEM not to hold an extraordinary general assembly to elect new leaders until it had been verified that such an assembly complied with the trade union's statutes; they add that the holding of that assembly was indeed provided for in the statutes and responded to the need to rebuild the trade union's executive committee following the resignation of several of its recently elected members in support of Mr Daniele, who, as mentioned, was retired through Decree No. 2504 of 27 July 2017 without adherence to the procedure for exclusion from protection and while he continued to be Secretary General of the SUOEM, and would remain so until January 2018. They add that they lodged a hierarchical appeal against the Ministry's decision to suspend the assembly which they allege constituted undue interference by the Ministry in the SUOEM’s internal affairs;
   • (ii) In January 2019, by means of Decree No. 001/2019, the employment relationship between the Municipality of Córdoba and Mr Daniele was terminated owing to his retirement. Although his mandate as SUOEM Secretary-General had expired, Mr Daniele was still acting as a trade union representative at the trade union's wage commission, the CTM, the General Confederation of Workers and the coordinating committee of state trade unions contributing to the retirement pensions and benefits fund of the Province of Córdoba. The complainants add that Decree No. 001/2019 contravenes Ordinance No. 7244 of Córdoba (Municipal Staff Regulations) according to which workers who are forced to retire may remain in their posts for up to 12 months, and they also allege that the Decree runs counter to the first and second instance court decisions issued in 2017 as part of the legal action for reinstatement brought by Mr Daniele against Decree No. 2504 of 2017. The complainants also indicate that Decree No. 001/2019 was issued to prevent Mr Daniele from exercising his activities as a trade union representative and demonstrates sustained persecution against him by the Municipality of Córdoba;
   • (iii) Prior to the termination of Mr Daniele's employment relationship owing to his retirement, and although the trade union had communicated to the Municipality of Córdoba his appointment as trade union representative, the Municipality failed to grant him the union leave provided for in Act No. 23551, forcing him to work until the date of the termination of his employment relationship;
   • (iv) In response to Decree No. 001/2019, Mr Daniele has brought new legal action for reinstatement, as well as lodging a request for preventive measures, both of which are pending.
3. 83. The complainants provide additional information in a communication received on 19 July 2019 according to which Mr Daniele's situation remains unchanged and no measures to reinstate him following the issuing of Decree No. 001/2019 have been adopted. They also indicate that the electoral process remains suspended owing to the decision of the Ministry of Labour, Employment and Social Security to prevent the SUOEM from holding a general assembly to elect its new leaders.
4. 84. The complainants provide additional information in a communication received on 12 November 2019 according to which, in October 2018, the Office of the Attorney General of the Province of Córdoba accused Mr Daniele of the crime of inciting mass violence contrary to articles 45 and 212 of the Criminal Code, which could see him tried and given a criminal conviction. The complainants add that the accusation is based on statements made by Mr Daniele at an assembly on 30 May 2017 on an esplanade in the Municipality of Córdoba, statements that did not constitute incitation to violence of any kind and were, on the contrary, public statements made as part of legitimate trade union activities.

B. The Government’s reply

1. 85. In a communication dated 5 March 2021, based on information from the Municipality of Córdoba, the Government provided its observations, indicating that:
   • (i) The requirement for Mr Daniele to begin the retirement process is a habitual course of action under several regulations in force against which Mr Daniele has lodged an administrative appeal for reconsideration, which was rejected, giving rise to Decree No. 2504 of 2017 approving his retirement. The Government adds that neither Mr Daniele's trade union activity nor his trade union career has been harmed and that, although the procedure for exclusion from protection is provided for in cases of dismissal or changes to working conditions, and not in relation to the retirement of trade union representatives, even if that procedure had been followed, the employment relationship would have been terminated owing to Mr Daniele's retirement;
   • (ii) The legal action for reinstatement lodged by Mr Daniele in order to suspend the effects of Decree No. 2504 of 2017 approving his retirement (Case No. 6506331) – in which two rulings were made in favour of the claimant – remains pending because the Municipality of Córdoba lodged a cassation appeal against the second instance ruling. The Government adds that, in addition to that action, Mr Daniele is currently pursuing: legal proceedings in the administrative courts in which he has requested the annulment of Decree No. 2504 of 2017 (case No. 6635288); action for reinstatement in which he has requested the suspension of the effects of Decree No. 001/2019 providing for the termination of his employment relationship owing to his retirement, as well as preventive measures, which was rejected (case No. 7947387); amparo proceedings on the grounds of delays in an appeal for the reconsideration of Decree No. 001/2019 which has not been resolved by the Municipality (case No. 9081960); and an action for full jurisdiction in which he requested the annulment of Decree No. 001/2019 terminating his employment relationship owing to his retirement (Case No. 8957654). The Government adds that the fact that these proceedings are pending indicates that there has been no failure to comply with court decisions.
2. 86. To a communication dated 5 March 2021 the Government attaches documentation according to which the action for full jurisdiction in which Mr Daniele requested the annulment of Decree No. 001/2019 (Case No. 8957654) is in the cassation stage since he lodged an appeal against the ruling that rejected his request because it did not fall within the competence of the administrative courts. The documentation also indicates that in the amparo action on the grounds of delays in Mr Daniele's appeal to reconsider Decree No. 001/2019 which has not been resolved by the Municipality (Case No. 9081960), a court ruling ordered the Municipality of Córdoba to resolve that appeal.
3. 87. In a communication dated 13 April 2026 the Government provides updated information according to which:
   • (i) In the legal action for reinstatement brought by Mr Daniele to suspend the effects of Decree No. 2504 of 2017 approving his retirement (Case No. 6506331), the High Court rejected the cassation appeal lodged by the Municipality of Córdoba, indicating that the forced retirement of a worker with trade union protection is null if the legal procedure for exclusion from protection is not first followed, and in compliance with that ruling Mr Daniele has been reinstated to his original post;
   • (ii) In the administrative court proceedings in which Mr Daniele requested the annulment of Decree No. 2504 of 2017 (case No. 6635288), the Administrative Chamber has closed the proceedings because the claim has been resolved;
   • (iii) In the action for full jurisdiction in which Mr Daniele requested the annulment of Decree No. 001/2019 terminating his employment relationship owing to his retirement (Case No. 8957654), a ruling admitting the complaint in the administrative court was handed down.
4. The Government adds that it has complied with all the aforementioned rulings.

C. The Committee’s conclusions

1. 88. The Committee notes that this case concerns the alleged forced retirement and persecution of a municipal trade union representative and acts of interference in the SUOEM's internal affairs.
2. 89. The Committee takes note of the trade union organization’ allegations, according to which: (i) with the aim of preventing him from standing as a candidate to renew his trade union mandate, the Municipality of Córdoba retired SUOEM Secretary General Mr Osvaldo Rubén Daniele by means of Decree No. 2504 of 2017, and subsequently, in January 2019, his employment relationship was terminated owing to his retirement by means of Decree No. 001/2019, without the procedure for exclusion from protection having been followed, despite the fact that he was still exercising his mandate to represent the aforementioned trade union organization, and despite the existence of interim measures and rulings that had suspended the effects of Decree No. 2504; (ii) those acts had been preceded by a denial of trade union leave, and Mr Daniele was allegedly charged with inciting violence through public statements made as part of his legitimate trade union activities, all of which allegedly demonstrates trade union persecution against him; and (iii) the Ministry of Labour, Employment and Social Security allegedly prevented an assembly intended to elect new trade union representatives to replace those representatives who had resigned in support of Mr Daniele, who declined to participate in the elections so as not to cause doubt to be cast on the process.
3. 90. The Committee takes note of the Government's observations in which it indicates that: (i) the requirement for Mr Daniele to begin the retirement process and the Decrees that brought about the termination of his employment relationship owing to his retirement form part of normal procedures provided for in regulations and did not affect Mr Daniele's trade union career or activities; and (ii) the ruling handed down in the Cassation Chamber of the High Court in the case brought by Mr Daniele against Decree No. 2504 of 2017 ordered his reinstatement, and due compliance has been given to that ruling.
4. 91. Similarly, the Committee takes due note that, accordingly to publicly available information, a ruling of the Criminal Court of Córdoba dated 15 March 2022 acquitted Mr Daniele of the crime of inciting mass violence.
5. 92. The Committee regrets to note that the Government has not provided its observations regarding the alleged interference in the SUOEM's internal affairs by means of the order issued in April 2018 by the Ministry of Labour, Employment and Social Security preventing the trade union from organizing an extraordinary general assembly to elect new leaders until the labour administration had verified compliance with the SUOEM's statutes. While noting that the authorities should refrain from any interference that could hinder the right of workers to elect their representatives freely, the Committee observes that the complainants have not provided greater detail in that regard nor additional information concerning that allegation and that the Ministry’s alleged intervention did not prevent the SUOEM from electing new leaders .
6. 93. In the light of the foregoing, the Committee considers that this case does not call for further examination and is closed.

The Committee’s recommendation

1. 94. In the light of its foregoing conclusions, the Committee invites the Governing Body to decide that this case does not call for further examination and is closed.