Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Argentine

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1955)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1985)
Convention (n° 150) sur l'administration du travail, 1978 (Ratification: 2004)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection and labour administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) in a single comment.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 29 August 2025, the joint observations of the Association of State Workers (ATE) and the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) on Convention No. 81, received on 31 August 2025, and the observations of the Confederation of Workers of Argentina (CTA Autonomous) on Convention No. 150, received in 2023 and on 1 September 2025.

Labour inspection

Articles 4, 10, 11, 16 and 24 of Convention No. 81 and Articles 7(1), 14, 15 and 21 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of inspections. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. Further to its previous comments, the Committee notes the information provided by the Government in its report on the inspection activities carried out between 2022 and June 2025 in the context of the “National Plan for the regularization of labour (PNRT)” and under the full jurisdiction of the Ministry of Labour, Employment and Social Security (Ministry of Labour), and also with respect to unregistered work. The Committee also notes the Government’s indication that the Ministry of Labour has a total of 308 inspectors at the national level. The Committee observes that in 2023, the Labour Inspectorate had 385 inspectors and 312 inspection auxiliaries.

In this regard, the Committee notes that the CGT RA highlights the insufficient number of labour inspectors for industrial and commercial work, and asserts that things are getting worse in the provincial administrative departments. The CGT RA also indicates that the policy of expenditure cuts and austerity may be having an impact on the recognition of travel allowances, vehicle renovation and secondments, which are essential for the inspectorate to conduct operations in remote areas. The ATE and CLATE express concern at the drastic reduction in the number of inspectors, preventing their work from being effective; they assert that the policy for the registration of employment has deteriorated, and refer to the weakening of inspection services because of the delegation of activities in the provincial administrative departments, as well as the problems of obtaining statistics. The Committee also notes that the CTA Autonomous assert that the current distribution of competencies in the area of labour inspection between the federal Government and the provinces, and also the small numbers of inspection officials, have resulted in inefficiency in the labour inspection system, with a direct impact on the high rate of unregistered work. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure that: (i) the number of labour inspectors is sufficient to ensure the effective performance of inspection duties; (ii) labour inspection is under the supervision and control of a central authority in practice; and (iii) labour inspectors are equipped with the necessary transport facilities to perform their duties. While the Committee understands the delegation of duties to the provinces and the possible difficulties of collecting information, it also requests the Government to conduct an evaluation of the operation of the labour inspection system with a view to identifying shortcomings relating to coordination and the number of inspectors at the federal and provincial levels, and to provide information on the number of labour inspectionscarried out at the provincial level, the sectors covered and the penalties imposed.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Labour has 308 inspectors at the national level, of whom 256 have tenure and 52 are employed on contracts. The Committee notes that the CGT RA maintains in its observations that although the Ministry of Labour complies with the terms of the Convention, the policy of expenditure cuts and austerity has resulted in dismissals in the public administration, endangering the independence of staff. The Committee expects that all necessary steps will be taken to ensure that the whole staff of the inspectorate is composed of public officials whose legal status and conditions of service guarantee stability in employment. The Committee also requests the Government to provide information on the number of inspectors having tenure and the number employed on contracts at both the federal and provincial levels.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. Further to its previous comments, the Committee notes the Government’s indication that Bill No. 1381/18 concerning the regularization of unregistered workers has not been adopted. The Committee also notes that the CGT RA, ATE and CLATE assert that by Act No. 27.742 of 27 June 2024 on the basic criteria for the freedom of Argentine citizens, the Government repealed various regulations that established penalties for failure by employers to comply with their obligation to register workers. The CGT RA indicates in particular that the failure to impose fines in these cases signifies a weakening of the enforcement function of the Labour Inspectorate. The Committee requests the Government to provide information on the steps taken to ensure that penalties for unregistered work are adequate and are applied effectively.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report.The Committee once again urges the Government to take the necessary steps to ensure that the central inspection authority publishes an annual general report on the work of the labour inspection services under its control (Article 20 of Convention No. 81 and Article 26 of Convention No. 129), covering each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

Issues specifically related to labour inspection in agriculture – Convention No. 129

Articles 6(1), 7, 14 and 15 of Convention No. 129. Functions of labour inspection in agriculture. Number of inspectors. Central authority. Further to its previous comments, the Committee notes the Government’s indication that it continues to work in coordination with the National Registry of Rural Workers and Employers (RENATRE) on the monitoring and registration of workers, within the framework of a cooperation agreement. In this regard, the Government indicates that, as a result of their joint activities, 268 establishments were inspected in 2022, 313 in 2023 and 134 in 2024, resulting in the imposition of 188, 238 and 93 penalties, respectively. In addition, six cases of child labour were detected in 2022, six in 2023 and two in 2024, as well as seven, 18 and four cases of labour involving young persons detected for the same years, respectively. The Committee also notes the information provided by RENATRE on the technological advances implemented in labour inspection in agriculture since 2024. The Committee also notes the indication by the CGT RA that the decentralization of the inspection system is causing regional disparities, since provinces with greater resources are more active in terms of inspections, while in remote rural areas inspection is almost non-existent. In particular, the CGT RA highlights the following problems: (i) an insufficient number of inspectors in agriculture, where the size of the territory and the dispersion of workers make effective coverage difficult; (ii) unregistered work, which is significantly prevalent in rural areas; (iii) persistent rural child labour, labour exploitation and trafficking, and inhumane conditions; (iv) lack of institutional coordination, since the coexistence of national and provincial agencies and RENATRE leads to an overlap of functions and, in some cases, gaps in monitoring; and (v) policies of austerity in public spending, which jeopardize the continuity and strengthening of inspection services in general and rural inspectorates in particular. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure the effective functioning of the labour inspection system in agriculture, including in the remote rural areas referred to by the CGT RA. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that, in practice, labour inspection in agriculture is under the supervision and control of a central body, including information on coordination between the various national and provincial bodies and RENATRE. The Committee further requests the Government to continue providing information on the measures taken under the cooperation agreement with RENATRE aimed at reducing unregistered work.

Labour administration – Convention No. 150

Articles 1(b), 4, 7 and 10 of the Convention.Effective functioning of the labour administration system. Coordination. Resources and staff. Gradual extension of the functions of the labour administration with regard to untypical forms of employment. The Committee notes the Government’s indication in its report that, by means of Decree 8/2023 of 10 December 2023, the Ministry of Human Capital was created, which took over the commitments and obligations of the Ministry of Labour, the Ministry of Education, the Ministry of Culture, the Ministry of Social Development and the Ministry for Women, Gender and Diversity (section 10). The Committee also notes the organization charts of the new ministry provided by the Government, according to which the current Secretariat of Labour reports to the Ministry of Human Capital. In this regard, the Committee notes that the CGT RA, ATE and CLATE express concern in their observations that the Government has downgraded the Ministry of Labour to the status of Secretariat of Labour. The Committee further notes that the ATE and CLATE also state in their joint observations that: (i) there have been 50,000 dismissals, although none in the area of labour inspection; (ii) the state inspectorate is overburdened and its functions overlap with those of the Province of Buenos Aires, the Autonomous City of Buenos Aires and other agencies; and (iii) Act 27.742 reformed the Framework Law on the regulation of national public employment (Act 25.164), allowing staff with tenure to be dismissed if, in the Administration’s opinion, the optimum staffing level required has been exceeded.

The Committee also notes the indication by the CGT RA in its observations that, since December 2023, the Government has implemented a policy of adjustment and dismantling of the national public sector, including in the area of labour administration and also in the provincial states. In particular, the CGT RA indicates the following: (i) several bodies dealing with gender and discrimination in 2024 have been dissolved and public policies for the inclusion of vulnerable sectors in the labour market have been discontinued; (ii) more than 3,000 posts have been eliminated in the Social Security and National State Revenue Agency; (iii) with regard to the platform economy, problems have been identified relating to job instability, lack of appeal mechanisms and access to information, and occupational risks; and (iv) various regulations enacted by the Government, which have been suspended by the courts, have affected labour administration and labour relations. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure the effective organization and functioning of the labour administration system, as provided for in Articles 4 and 10 of the Convention. The Committee further requests the Government to provide information on the measures taken or planned to gradually promote the extension of the functions of the labour administration system to workers in non-standard forms of employment untypical forms of employment, in accordance with Article 7 of the Convention.

Article 5. Consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee notes that the CGT RA states in its observations that, following the measures implemented by the Government since December 2023, social dialogue in institutional terms has been weakened. In particular, the union indicates the following: (i) the Economic and Social Council has been abolished; (ii) the National Committee for the Elimination of Child Labour is virtually paralysed, with no tripartite meetings; (iii) the normal functioning of the National Council on Employment, Productivity and the Minimum Wage (CSMVM) has been obstructed; (iv) few tripartite actions have been taken to implement the Decent Work Country Programme (DWCP) 2022–25; (v) the labour administration is delaying the approval of agreements negotiated collectively between trade unions and employers, and is attempting to establish “ceilings” to limit wage increases unilaterally; and (vi) there are outstanding structural challenges in the area of occupational safety and health, particularly with regard to the lack of institutionalized tripartite social dialogue. The Committee also notes that CTA Autonomous asserts that the CSMVM has flaws in its composition, structure and operation which have called into question the legitimacy of its decisions for years. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to take the necessary steps to ensure consultation, cooperation and negotiation between the public authorities and the most representative employers’ and workers’ organizations. The Committee further requests the Government to provide information on the progress achieved in this regard, including information on the functioning of the above-mentioned tripartite bodies.

The Committee reminds the Government that it has the possibility of requesting technical assistance from the ILO, including with regard to the provincial administrative departments.

The Committee is raising other matters in a request addressed directly to the Government.