Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (Ratification: 1968)

Other comments on C111

Observation

Direct Request

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comments, the Committee asked the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace (OAVL), particularly on new training and prevention activities and on the preparation of an instrument for measuring workplace violence, and also information on action taken in response to complaints of violence in the workplace, including sanctions imposed and compensation awarded. The Committee also requested the Government to continue providing statistical information on complaints lodged regarding workplace or sexual harassment, disaggregated by grounds of discrimination, and to indicate the status of the preparation of the draft legislation on workplace harassment and to provide information on the national and regional legal provisions that regulate sexual harassment in both the public and private sectors. The Committee notes the extensive information provided by the Government on the various actions taken by the OAVL, which include: training activities for the trade union members participating in the Inter-Union Network for prevention and intervention in situations of workplace violence; dissemination activities of tools to identify and recognize situations of workplace violence and intervention mechanisms; training activities for the human resources staff and legal advisers of the enterprises which signed up to the “commitment to decent work without violence”; cooperation with the National Statistics and Census Institute (INDEC) to establish a single register of cases of violence against women; and the production of several tools and manuals on workplace violence and its prevention, among others. Regarding the instrument for measuring workplace violence, the Government reports that the OAVL has developed a record containing the data that would enable the development of the necessary variables to understand the issue, currently limited to the Buenos Aires metropolitan area, although the development of an instrument and a methodology covering the country’s various regions is envisaged with a view to objectively understanding the manifestations of violence in the workplace throughout the country and, consequently, formulating more effective public policies for the eradication of the phenomenon. The Committee also duly notes the statistical information provided by the Government in relation to the complaints of sexual harassment received and particularly notes the analysis of the variables that “trigger” workplace violence, from which it was deduced that labour claims, whether regarding working conditions, overtime hours or wage issues, trigger workplace violence; when the triggers for women were analysed, it was found that pregnancy was the principal trigger. The Committee also notes the Government’s indication that the Directorate for Equality of Opportunity between Men and Women of the Ministry of Labour and Social Security (MTEySS) envisages action regarding leave due to gender-based violence and the prevention of violence and harassment in the workplace, including the promotion of the inclusion of such leave in collective labour agreements, within the framework of the National Plan of Action for the Prevention, Care and Eradication of Violence against Women. The Committee also notes the examples of clauses on “the eradication of violence in the workplace” agreed during collective bargaining facilitated by the Government. Regarding legislative developments on the issue of sexual harassment, the Committee notes the Government’s indication that the OAVL has established a committee on workplace violence legislation in collaboration with the Inter-Union Network in order to take part in the debates on the bills presented, contribute to the conceptual basis and drafting of legislation and mobilize its implementation. The Committee also takes due note of the list of relevant regional legislation in force. The Committee also notes that the approval of a national law on sexual harassment is one of the objectives included in the National Plan of Action for the Prevention, Care and Elimination of Violence against Women 2017–19. The Committee requests the Government to report any developments in the formulation and adoption of a national law on sexual harassment and to continue providing information on the activities of the OAVL, including the development of an instrument for measuring workplace violence, the analysis of complaints and their trigger factors and the follow-up action taken or envisaged.

Domestic workers. In its previous observation, the Committee noted that 89 per cent of domestic workers are not registered, and are consequently not covered by Act No. 26844 of 13 March 2013 concerning staff in private households, which partly places domestic workers on an equal footing with other workers covered by the Employment Contract Act with regard to leave, compensation, family allowances, protection against occupational accidents, notice periods and holidays, and it requested the Government to continue providing information on any other measures taken to promote the registration of men and women domestic workers to ensure that they can exercise their rights without discrimination and on an equal footing with other workers. The Committee notes the Government’s indication that the Public Revenue Tax Administration (AFIP) conducts campaigns to promote the registration of domestic workers. The Government also indicates that the National Institute to Combat Discrimination, Xenophobia and Racism (INADI) carries out awareness-raising and dissemination activities on the contents of Act No. 26844. The Committee requests the Government to continue providing information on any measures adopted to promote the registration of men and women domestic workers to ensure that they can exercise their rights without discrimination.

Article 2. National policy of equality between men and women. In its previous comments, the Committee requested the Government to continue providing information on the measures adopted by the various institutions that exist to promote equality of opportunity between men and women, including information on the results achieved and statistics showing trends in the participation of men and women in the labour market, disaggregated by sex, sector of activity, and occupational level in particular decision-making positions. The Committee also requested the Government to provide information on the legislative status of the draft Bill on non-discrimination and effective equality between women and men in decision-making positions in enterprises, to which it referred in its previous comments. The Committee notes the statistical information on the labour participation of men and women, to which it refers in its comments on the Equal Remuneration Convention, 1951 (No. 100). The Committee also notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the low labour force participation rate of women, who perform unpaid family care work, and the low representation of women in senior positions in several sectors, particularly in the justice and private sectors (E/C.12/ARG/CO/4, 1 November 2018, paragraph 28). Regarding the issue of the reconciliation of work with private and family life, the Committee refers to its comments on the application of the Workers with Family Responsibilities Convention, 1981 (No. 156). The Committee once again requests the Government to provide information on the measures adopted by the various institutions that exist to promote equality of opportunity between men and women, including information on the results achieved and statistics to facilitate an evaluation of the progress made.

Articles 1 and 5. Prohibited work for women. The Committee recalls that in its previous comments it referred to section 176 of the Employment Contract Act, which prohibits the employment of women in work of an arduous, hazardous or insalubrious nature and provides that regulations shall determine which industries are covered by this prohibition, and it requested the Government to provide information on the list of types of work that have been prohibited for women. The Committee notes that the Bill on gender equity (INLEG-2018-10434057-APN-PTE), which was submitted to Congress in March 2018, provides for the following amendment to section 176 of the Employment Contract Act: “full gender equality is assumed in protection with regard to the supervision of work that may be of an arduous, hazardous or insalubrious nature, except in cases in which, for exceptional and objective reasons, the legislation determines it to be restricted or prohibited for women”. The Committee recalls that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. In this regard, the Committee wishes to emphasize that protective measures for women may be broadly categorized into those aimed at protecting maternity in the strict sense, which come within the scope of Article 5, and those based on stereotypical perceptions about the occupational capabilities and role in society of women, which violate the principle of equality of opportunity and treatment between men and women in employment and occupation and constitute obstacles to the recruitment and employment of women. The provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks to their health. With a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine which other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can access these types of employment on an equal footing with men (see 2012 General Survey on the fundamental Conventions, paragraphs 838–840). The Committee requests the Government to provide information on any progress made in the adoption of the amendment to section 176 of the Employment Contract Act and to provide information on the list of types of work prohibited for women under the legislation currently in force.

Application in practice. The Committee notes the Government’s indication in its report that it plans to establish a committee to address the issues raised by the ILO supervisory system. The Committee expresses the hope that, within the context of this committee, the constituents will identify the appropriate manner in which to address the issues raised in relation to the application of the Convention. The Committee requests the Government to provide information on any progress made in this respect.