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Labour Inspection Convention, 1947 (No. 81) - Argentina (Ratification: 1955)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.
The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received in 2018 and 2022.
Articles 4, 10 and 11 of Convention No. 81 and Articles 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. In relation to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security (Ministry of Labour) has 385 inspectors and 312 inspection auxiliaries at the state level. However, the Committee notes that the CGT RA refers in its observations to a deficit in inspection staff in the provinces, in proportion to the duties concerned and the geographical area in which they are performed. The Committee requests the Government to provide its comments on the observations made by the CGT RA. The Committee also requests the Government to continue providing information on the budget available for labour inspection, disaggregating information for central and provincial structures, and on the number of inspectors at the national level.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. With reference to its previous comment on training given to inspectors, the Committee notes that the CGT RA refers to the need to carry out specific training and inspections to tackle the problem of inspection in agriculture, and to the deficiencies in training for inspectors outside the Occupational Risk Supervisory Authority (SRT). In this regard, the Committee welcomes the Government’s indication regarding the formulation and implementation of the “Comprehensive training plan for a modern and efficient labour inspectorate in Argentina”, developed jointly with the ILO, which includes a module on labour inspection in the rural sector. In this regard, the data supplied by the Government indicate that enrolments in modules of this plan totalled 440 in 2018, 430 in 2019 and 990 in 2021. The Committee also notes that the Government provides statistics on the various training activities conducted for inspectors and inspection auxiliaries outside the framework of the comprehensive plan in the 2019–21 period, including courses on occupational safety and health and child labour, and indicating the number of enrolments for each training course. The Committee notes this information, which responds to its previous request.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In relation to its previous comment, the Committee notes the Government’s indication that a cooperation agreement was signed in 2019 and an additional protocol in 2020 between the then Government Secretariat for Labour and Employment and the National Register of Rural Workers and Employers (RENATRE), a non-governmental public body, to carry out joint labour inspection operations in rural areas, reinforce controls, and avoid duplication of activity. The Government indicates that the focus is placed on verifying that rural workers are registered properly and declared in the unified social security system, that employers and workers are properly registered in RENATRE, and that establishments and activities where child labour or evidence of labour exploitation is detected are identified at an early stage. In this regard, the Committee notes the Government’s indication that during the 2020–22 period a total of 476 establishments were recorded, of which 340 had committed infringements. The Government also indicates that RENATRE is developing a digital inspection system to contribute to the registration and regularization of rural workers. However, the Committee observes that no specific information has been provided on inspections carried out and infringements recorded in relation to occupational safety and health or conditions of work, such as working hours and wages. The Committee requests the Government to provide more information on the effect of the cooperation agreement with RENATRE, including inspections carried out within its framework, and its impact on improving conditions of work in agriculture. The Committee also requests the Government to continue providing information on: (i) inspection activities in agriculture and their characteristics, as well as on all measures taken to improve conditions of work in agriculture; and (ii) the functioning of the digital inspection system and its impact on labour inspection activities in agriculture.
Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. With reference to its previous comment, the Committee notes the Government’s indication that the labour inspectorate is notified of occupational accidents and diseases under section 31(2) of Act No. 24557 of 1995, and that statistics are compiled on the number of occupational accidents involving workers covered by the occupational risks system, and these are published on the website of the Ministry of Labour. While noting this information, the Committee once again requests the Government to provide information on the steps taken to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17). The Committee also requests the Government to provide information on: (i) the possibility of associating the labour inspection services in agriculture with any inquiry carried out at the place where the events occurred; (ii) the causes of occupational accidents; and (iii) the cases of occupational disease that affect a number of workers or have fatal consequences (Article 19(2)).

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) on the application of Conventions Nos 81 and 129, received in 2018 and 2022. The Committee also notes the observations of the Confederation of Workers of Argentina (CTA Workers) on the application of Convention No. 81, received in 2021.
The Committee further notes the Government’s reply to the 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 in 2017.
Representation made under article 24 of the ILO Constitution. The Committee notes that the Governing Body, at its 349th Session, declared receivable the representation made under article 24 of the ILO Constitution by the CTA Workers and the Trade Union Association of Subway and Light Rail Workers (AGTSyP), alleging non-observance by Argentina of Convention No. 81, the Occupational Cancer Convention, 1974 (No. 139), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee observes that the allegations contained in the representation refer to the application of Articles 3 and 9 of Convention No. 81. In accordance with its usual practice, the Committee has decided to suspend the examination of these issues until the Governing Body adopts its report on the representation.
Articles 16, 18 and 24 of Convention No. 81 and Articles 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. With regard to its previous comment on activities and inspections carried out in relation to conditions of work and the penalties imposed, the Committee notes that the Government provides information in its report on the various activities carried out by the labour inspectorate since 2018, including activities in the context of the National Plan for the Regularization of Labour (PNRT). In particular, the Government indicates that, between January 2019 and June 2022, a total of 224,707 inspections were conducted in urban areas and 4,731 in rural areas in the context of the PNRT, and a total of 15,159 penalties were imposed for violations of the labour regulations. The Committee also notes that, according to the Government, the National Labour Inspection Directorate at the Ministry of Labour, Employment and Social Security (Ministry of Labour) plays an important role in the implementation of actions in the context of the prevention and prosecution components of the National Biennial Plan 2020–22 on Combating Trafficking in Persons. Moreover, the Committee observes the Government’s indication that, in the context of activities to detect evidence of labour exploitation, inspectors must take account of issues of safety and health and conditions of work during inspections in order to detect evidence of labour exploitation.
The Committee observes that although statistics are provided on activities under various plans, there are still no full statistics on inspections carried out by the Integrated Labour and Social Security Inspection System, established by the Act No. 25877 of 2004, and also none on infringements detected and penalties imposed in relation to conditions of work and the protection of workers while engaged in their work. Moreover, the Committee notes that, according to the observations of the CTA Workers, Bill No. 1381/18 provides that employers who have used unregistered or incompletely registered workers can regularize the situation of such workers, with all resulting fines or sanctions waived. In addition, the CGT RA considers that the system of penalties and measures to promote spontaneous regularization, reduce employer contributions or increase the number of inspections are inadequate. Also referring to its comment below on annual inspection reports, the Committee therefore requests the Government to provide more information on the number and nature of activities and inspections carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women). Furthermore, the Committee requests the Government to indicate whether Bill No. 1381/18 has been adopted, and to take steps to strengthen the system of penalties. The Committee also requests the Government to provide information on the number and nature of violations found, penalties imposed and any court rulings in this regard.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. With regard to its previous comment on the stability system and the contract system for staff under Framework Act No. 25164 of 1999 on the regulation of national public employment (Act No. 25164), the Committee notes the Government’s indication that the Occupational Risk Supervisory Authority (SRT) at the Ministry of Labour employs 100 inspectors on contracts of unlimited duration and 28 inspectors on automatically renewable one-year fixed-term contracts. The Committee also notes that, according to the Government’s reply to the observations of the ATE and CLATE, an analysis of the procedure for incorporating public employees and the need for such was required in 2016, owing to an unusually high number of competitions launched and the large number of temporary contracts concluded during the previous administration, an analysis which revealed many instances of failure to comply with procedures. The Government also indicates that some staff who were recruited on temporary contracts who did not have their contracts renewed in 2016 were subsequently incorporated under the procedure established by section 9 of Act No. 25164 (contract system).
The Committee notes that under section 156 of the General Collective Employment Agreement for the National Public Administration, non-permanent staff of decentralized authorities and entities shall not exceed 15 per cent of the permanent staff under the terms of the second paragraph of section 9 of the Annex to Act No. 25164. Furthermore, the Committee notes that the CGT-RA refers in its observations to the existence of frequent cases of precarious employment in the inspection corps. In this regard, the Committee recalls once again that, according to Article 6 of Convention No. 81 and Article 8 of Convention No. 129, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee therefore requests the Government to take the necessary steps to ensure that all labour inspectors are public officials, and the stability of their employment is ensured. Noting that this information is not available to inspectors outside the SRT, the Committee requests the Government to indicate the type of employment relationship occupied by all federal and provincial inspectors, disaggregating the number of inspectors under the stability system and the number under the contract system.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. With regard to its previous comments, the Committee notes the reports of the National Labour Directorate and the National Register of Rural Workers and Employers for the 2019–22 period. However, the Committee once again observes that it has not received the annual inspection report. The Committee once again urges the Government to take rapid 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.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive overview of issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.
The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate, and also the Government’s reply.
The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers and Employers (RENATEA) received on 2 September 2016.
Articles 3(1)(a), 4, 10 and 11 of Convention No. 81 and Articles 6(1)(a), 7(1), 14 and 15 of Convention No. 129. Supervision and control of the labour inspection services by a central authority. Number of inspection staff. The Committee previously asked the Government to provide information on: (i) the measures taken to have a labour inspectorate functioning beneath a central authority and according to uniform criteria; (ii) the number of inspectors at the federal level and in each of the provinces (specifying the number of inspectors covering the rural sector), in proportion to the number of workplaces and workers in each of the provinces; (iii) the budget of the labour inspectorate, disaggregated between central and provincial structures; and (iv) the material resources available.
The Committee notes Act No. 26.940 on the promotion of registered work and the prevention of labour fraud, promulgated in May 2014 and welcomes section 37, which provides that when a local labour inspection department does not meet the requirements of the labour inspection Conventions or the requirements that derive from the Act, the Ministry of Labour shall exercise the corresponding powers in conjunction with the Federal Labour Council (CFT).
The Committee also notes the Government’s indication in its report that the number of labour supervisors and inspectors has been increasing since 2003 at the federal and provincial levels. According to the Government’s information, the monitoring and inspection of occupational safety and health has been reinforced through the assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces with new inspectors and new technological resources.
The Government indicates that there are 350 inspectors involved in the implementation of the National Plan for the Regularization of Labour (PNRT) who inspect a total of 595,155 workplaces (excluding public workplaces except for certain hospitals and schools) and 6,953,701 workers. The ratio is one inspector for 1,700 workplaces and 19,868 workers, though there are significant differences between provinces. For example, in the province of La Rioja each inspector covers a total of 325 workplaces and 4,633 workers, while the province of Córdoba has a ratio of one inspector for 4,626 workplaces and 45,945 workers. However, these figures only refer to registered workplaces and workers, and do not include figures for informal work, which is the focus of the PNRT.
The Committee also notes the Government’s information on budgetary matters and material resources, though the Government makes no mention of the rural sector and does not indicate the amount of the inspection budget.
For its part, the CTA Autonomous indicates that Act No. 26.940 still has not caused a real improvement in inspection services in Argentina. For example, it states that the Special Unit for the Inspection of Irregular Work (UEFTU), envisaged in the abovementioned Act for the purpose of analysing, investigating and evaluating situations of unregistered work and also any forms of illegal subcontracting and labour and social security fraud, has not even been established. It also repeats its previous observations concerning the lack of uniform inspection criteria, the inadequacy of the system of cooperation between the provinces and the Federal State, and the lack of inspectors and material resources.
The CGT RA recognizes the efforts made to increase the number of inspectors but considers that they are not enough.
The Committee requests that the Government: (i) provide information on the manner in which the Ministry of Labour, in conjunction with the CFT, will act as a substitute for a local service if the latter fails to meet the requirements of Conventions Nos 81 and 129; (ii) provide information on the application in practice of Act No. 26.940; (iii) indicate the total number of inspectors involved at the federal and provincial levels (indicating how many are assigned to the rural sector), disaggregated according to occupational safety and health, the PNRT or any other function; and (iv) explain the policy adopted for determining needs with regard to the number of federal and provincial inspectors. Lastly, the Committee requests once again that the Government indicate the budget for labour inspection, disaggregated between central and provincial structures, and the material resources available.
Cooperation in the context of MERCOSUR. The Committee previously asked the Government to provide information on joint activities undertaken in the Common Market of the Southern Cone (MERCOSUR). The Committee notes the Government’s information on joint activities implemented by Argentina, Brazil and Paraguay in June 2015 to combat and eradicate child labour, and also those undertaken in July 2015 by Argentina and Uruguay in the international goods and passenger transport sector.
Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training of labour inspectors. In its previous comments, the Committee asked the Government to provide information on the measures taken to provide labour inspectors in the provinces with initial and further training which is adequate and geared to new technologies and conditions of work in workplaces liable to inspection.
The Government states in its report that the Ministry of Labour has implemented a training plan for inspectors to reinforce the labour inspection service throughout the country and that the numbers of labour inspectors who participated in training for each year of the 2011–15 period were 679, 242, 113, 288 and 100, respectively. These figures differ from those supplied by the Government in its reply to the observations of the CGT RA and the CTA Autonomous, according to which 617 inspectors attended training in 2014, while 778 took part in 2015. As regards agriculture, 311 inspectors participated in training in 2014 and 527 took part in 2015, though none of the courses appeared designed to provide supplementary training which was appropriate for their work. The Committee also notes that a joint training plan with the provinces is currently being prepared, which includes the implementation of a diploma in labour inspection. Lastly, the Government makes no mention of the initial training given to inspectors upon their entry into service.
The CGT RA indicates in its observations that there is a need for specific training in the rural sector. The Committee therefore requests that the Government provide information on both initial and further training given to inspectors, indicating its duration, content and the number of participants, and also on courses specifically designed for inspectors in the rural sector.
Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. The Committee notes once again that the Government has not provided any information on this matter. The Committee therefore requests that the Government provide information on the collaboration of technical experts and specialists with the inspection services, at the level of the different provincial jurisdictions, and also on the cooperation of the Occupational Risk Supervisory Authority (SRT) in this respect.

Issues specifically related to labour inspection in agriculture

Articles 6(1)(a), 14 and 19 of Convention No. 129. Functions of labour inspection. Number of inspectors. Notification of occupational accidents and occupational diseases. In its previous comment, the Committee asked the Government to send any information that it considered relevant regarding the observations of the CTA Autonomous alleging (particularly with regard to the harvesting of yerba maté) the inadequacy of inspection activities, a high incidence of undeclared work, a high accident rate, and a failure to report occupational accidents. The Committee notes the Government’s information that, since the start of the PNRT, the Ministry of Labour has undertaken periodic and regular inspections with regard to the harvesting of yerba maté. Since 2011, inspectors who have found camps of tareferos (workers engaged in artisanal harvesting) have reported the situation as presumed bonded labour, and they have also detected child labour and imposed the corresponding penalties. The various inspection activities in agriculture have resulted in a reduction in unregistered work. As regards the province of Misiones, where the situation had given rise to several days of protest between 2010 and 2012, the Government indicates that in addition to the inspections carried out, training has been given in occupational safety and health in relation to the yerba maté harvest and the working conditions of the tareferos, in terms of registration, safety and health, transport and occupational hygiene, have improved considerably.
However, the CTA Autonomous indicates that the problem was still unresolved in 2015. Similarly, the CGT RA indicates that the control and inspection functions in agriculture generally continue to be inadequate and much remains to be done to achieve decent work in agriculture. The Committee requests that the Government provide information on the number and type of inspection activities in agriculture, and also on all measures taken to improve working conditions in agriculture, particularly in relation to the harvesting of yerba maté. Lastly, the Committee again requests that the Government provide its comments on the CTA Autonomous previous indication that occupational accidents are often not reported.
Furthermore, observing that the Government has not replied to some of its previous comments, the Committee is bound to repeat part of its previous observation, which read as follows:
Articles 17 and 19. Preventive control and notification of occupational accidents and cases of occupational disease. In reply to the Committee’s previous comments in this respect, the Government indicates that the provincial authorities conduct on-the-spot routine inspections or inspections resulting from complaints using qualified staff when occupational accidents or diseases have been brought to their attention. The Committee observes that, according to statistics placed on the website of the Supervisory Authority for Occupational Risks (SRT), there was a substantial increase between 2008 and 2009 in accidents in the workplace in provinces such as Tucumán, a major global producer of lemons, and Jujuy, which, according to the same data, accounts for 65 per cent of the workforce in agriculture.
The Committee requests the Government to indicate the measures taken or envisaged to ensure that labour inspectors are associated with the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety (Article 17) and to send a copy of any relevant legal text. It also requests that the Government indicate the manner in which effect is given to Article 19 of the Convention, concerning the notification to the labour inspectorate of occupational accidents and cases of occupational disease (paragraph 1), and the association of the labour inspection services in agriculture with any inquiry into the causes of the most serious accidents or diseases that have affected a number of workers or had fatal consequences (paragraph 2).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide an overview of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.
The Committee notes the observations on both Conventions from the Confederation of Workers of Argentina (CTA Autonomous), received on 2 September 2015, which partly repeat its previous observations and mainly refer to the lack of uniform criteria used in labour inspections, unregistered employment, the inadequacy of inspections in the rural sector and the occupational accident rate and also the Government’s reply.
The Committee also notes the observations on Convention No. 129 of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 1 September 2014 and 2 September 2015, concerning the inadequacy of inspection in agriculture and the lack of adequate and specific training for inspectors in the rural sector, and also the Government’s reply. It further notes the observations of the CGT RA concerning the National Register of Agricultural Workers (RENATEA) received on 2 September 2016. The Committee requests that the Government provide its comments on these observations in so far as they concern the RENATEA.
Lastly, the Committee notes the observations made by the Latin American and Caribbean Confederation of Public Sector Workers (CLATE) and of the Association of State Workers (ATE), both received on 5 July 2016.
Articles 3(1)(a), 16, 18 and 24 of Convention No. 81 and Articles 6(1)(a), 21 and 24 of Convention No. 129. Supervisory function of labour inspectors, frequency and scope of labour inspections, and penalties. In its previous comments, the Committee noted that the National Plan for the Regularization of Labour (PNRT) had been designed to incorporate irregular workers in the social security system and asked for information on the number of inspections dedicated to combating undeclared work in proportion to the number of inspections devoted to enforcement of the legislation relating to conditions of work and the protection of workers (including unregistered workers). It also asked the Government to provide information on any penalties that may have been imposed, indicating the legal provisions applied.
With regard to agriculture in particular, the Committee asked for information on inspection activities carried out in the sector (including in relation to child labour) and for statistics relating to violations of the labour legislation, indicating the legal provisions violated and the penalties imposed.
The Committee notes the information supplied by the Government in its report, to the effect that the Ministry of Labour, Employment and Social Security (hereinafter Ministry of Labour) carries out two types of inspection: (i) those deriving from the PNRT (at the provincial level); and (ii) those carried out at the federal level, in the context of Act No. 18.695 published on 6 March 1970, which regulates the penalty procedure for violations of the provisions governing the performance of work and covers all aspects of labour inspection in the goods and passenger transport sector and in dock work. According to the Government, between 2011 and 2015, inspections under the PNRT accounted for 88 to 94 per cent of all inspections, depending on the year. In most cases, the penalties imposed on the basis of these inspections were for the non-registration of workers in the social security system. With regard to occupational safety and health (OSH), the Government indicates that the inspection function of OSH inspectors has been reinforced through assistance given by the Occupational Risk Supervisory Authority (SRT) to the provinces.
With regard to the above, the Committee notes the Government’s statements that the activities carried out under the PNRT do not appear to cover the main functions of labour inspection sufficiently, particularly as regards the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee draws the Government’s attention to paragraphs 44 et seq. of the 2006 General Survey on labour inspection, which indicate that conditions of work and the protection of workers while engaged in their work should be the main area of competence of labour inspectorates. The term “conditions of work” covers many issues, including hours of work, wages, safety and health, the employment of children and young persons, weekly rest, holidays, and the employment of women. The expression “protection of workers while engaged in their work” refers to social protection and to the fundamental rights of workers, covering areas such as the right to organize and engage in collective bargaining, conditions of termination of employment, and social security. While noting the efforts made by the Government with regard to the regularization of workers, the Committee requests that the Government provide information on the number and nature of inspection activities carried out in relation to conditions of work (particularly as regards hours of work, wages, weekly rest, holidays and the employment of women), as well as the number and nature of violations found, penalties imposed and any court rulings in this regard.
Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Stability of employment and conditions of service of labour inspectors. In its previous comments, the Committee had asked the Government to provide information on the measures adopted to guarantee labour inspectors, at both the central and the provincial levels, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.
The Committee notes the Government’s indication that all labour supervisors and inspectors come within the scope of the Framework Act on the regulation of national public employment (Act No. 25.164), and that they have the status of civil servants. However, under section 7 of that Act, staff may come within the scope of the stability system or the contract system or belong to the cabinet staff of the higher authorities.
According to section 9 of Act No. 25.164, the incorporation of staff into the contract system takes place solely for the provision of temporary or seasonal services which are not included in the functions of the career system and cannot be covered by permanent staff. Moreover, the number of staff recruited under this system may in any case not exceed the percentage established in the collective labour agreement.
The Committee notes the observations of CLATE and ATE indicating that in April 2016 a total of 97 individuals were dismissed from inspection work at the Ministry of Labour, of whom 31 were labour inspectors. According to the list provided, in the vast majority of cases these individuals were recruited under the contract system, in other words for a fixed term, and the grounds put forward for non-renewal of their contracts were that the employees failed to appear at work or worked very few hours, or that some employees were performing overlapping duties.
Referring to its General Survey on labour inspection, 2006, paragraphs 201 and 202, the Committee recalls that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that the labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. The Committee also recalls that inspectors cannot act fully independently if their continuity of service or their career prospects depend upon political considerations. The Committee requests that the Government specify the type of employment relationship enjoyed by federal and provincial inspectors (disaggregating the number of inspectors employed under the stability system and the number employed under the contract system) and to send a copy of the collective labour agreement in force. The Committee requests that the Government take measures to ensure that all labour inspectors are governed by a public status and are guaranteed stability of employment.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual inspection report. The Committee notes that it has not received the annual inspection report. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and sent to the ILO in the form and within the deadlines prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and that it contains the information required on each of the subjects indicated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee urges the Government to take prompt measures to give full effect to these provisions of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

With reference to its observation, the Committee requests the Government to provide additional information on the following point.
Articles 3(1)(a), 16 and 18 of the Convention. Supervision and effective enforcement of penalties. The Committee notes the indication that in 2011 over 1,350 probable victims of trafficking in persons were released. Of these, 10 per cent were engaged in work in the textile industry. Of the establishments concerned by all of these cases, 32 per cent are located in the Province of Buenos Aires, 19 per cent in the Province of Misiones and the rest are dispersed around the rest of the country. The Committee requests the Government to continue providing information on the cases of trafficking detected in workplaces liable to inspection under the terms of the present Convention, and on the penalties imposed.
The Committee refers to the list of cases referred to the courts which the Government attached to its previous report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129). It once again requests the Government to indicate: (i) the authority which drew up the list; (ii) the legal provisions to which the fines related; and (iii) the impact of the sanction procedures on the level of compliance with the relevant provisions.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report received on 30 October 2012, and the attached documentation. It also notes the successive comments made by the Confederation of Workers of Argentina (CTA), received on 31 August 2012, and 7 September 2012, and the comments of the General Confederation of Labour of the Republic of Argentina (CGT), 10 September 2012 and received 21 September 2012. The Committee requests the Government to provide any information or comments that it deems useful in this regard.
Articles 3(1)(a), 4, 10 and 11 of the Convention. Supervision and control of the labour inspection services by a central authority, and number of staff of the labour inspection services. The Committee previously requested the Government to indicate the manner in which effect is given to Article 4 of the Convention with respect to the structure and operation in practice of the labour inspection system, and especially the measures adopted to ensure coordination between the federal inspection authorities and the labour inspection authorities in the various provinces.
The CTA reiterates that uniform criteria have not been established throughout the country for labour inspection as a basis for effective supervision. The system of cooperation between the provinces and the Federal State, in addition to the scarcity of the human and material resources allocated to provincial offices, means that the inspection system is deficient, and that this deficiency is demonstrated by the high levels of informality. It emphasizes that entrusting the provinces with exclusive competence for the inspection of general conditions of work and occupational safety and health regulations has led to the undermining of the systems set up by the provinces, because of the shortage of human and material resources allocated to these offices. The number of inspectors is very inadequate in certain provinces where precarious forms of work and informality are very high. For this reason, greater resources should have been allocated to these provinces. The CTA considers that the absence of effective public policies for labour inspection is related to the pressure that can be exerted by local economic powers and major national and multinational enterprises subject to the jurisdiction of the provinces, and the importance of these enterprises in the local economy and employment structure is such that it discourages the intensification of inspection by the local authorities and allows the introduction of self-inspection. The trade union emphasizes that the failure to discharge the inspection function effectively has many negative consequences in relation to the promotion of decent work, for three basic reasons: the high level of unregistered or “black” work; the high incidence of employment accidents; and the low quality of employment and its increasingly precarious forms, which affect a significant number of workers. The CTA also refers to section 30 of Act No. 25.877 of 2004 on the labour system, creating the Integrated Labour and Social Security Inspection System (SIDITYSS), which provides that the Ministry of Labour, Employment and Social Security (MTEYSS), in its capacity as the central authority may, following the intervention of the Federal Labour Council (CFT), discharge the corresponding functions when a local labour inspection service is not in compliance with the requirements of international Conventions or of the Act.
The Government indicates once again that the CFT promotes general inspection policies based on the principles of coordination, cooperation, co participation and co-responsibility with a view to achieving greater effectiveness in the various jurisdictions. In this respect, it refers to the agreement concluded by the MTEYSS and the CFT, in which the latter undertakes to collaborate with the MTEYSS for the implementation of the National Plan to Regularize Labour (PNRT), and the agreements concluded by the MTEYSS and the provincial authorities for the same purpose.
With regard to the number of labour inspectors, the Government indicates that there are currently 472 labour inspectors in the MTEYSS, in addition to the number of inspectors in each province and those of the Government of the autonomous city of Buenos Aires. The Government adds that it is taking measures to unfreeze 510 posts in the permanent staff of the Ministry, which will subsequently be subject to a competition to fill posts, among others, of labour and social security inspectors, specialist labour and social security inspectors and professional labour and social security inspection analysts.
The Committee recalls, as it noted in paragraph 140 of its General Survey of 2006 on labour inspection, that the objective of a central authority is to facilitate the establishment of a single policy throughout the territory covered and to make it possible to use the available resources in a rational way, and that flexibility in the nature of the system in federal States must not be regarded as derogating from the principle of having a single authority, provided that the constituent units of the federal State have budgetary resources that are sufficient to discharge the functions of the labour inspectorate within their respective fields of competence. The Committee would be grateful if the Government would provide information in its next report on the measures adopted, including in the context of section 30 of Act No. 25.877 of 2004, with a view to giving effect to the Convention in terms of the need for a labour inspection system placed under the supervision and control of a central authority and based on common principles respecting its organization, methods of action and the distribution and management of human and financial resources.
The Committee also once again requests the Government to provide information on the geographical distribution and current number of the inspectors who are in post at federal level and in each of the provinces, in relation to the number and location of workplaces liable to inspection and the number of workers employed therein.
Finally, the Committee once again requests the Government to provide information on the proportion of the national budget devoted to labour inspection and its distribution between the central and provincial structures, as well as information on the material resources available to them, including means of transport for the professional travel of inspectors.
Articles 3(1)(a), 16, 18 and 24. Supervisory function of labour inspectors, frequency and scope of inspections, and penalties. The Committee previously requested the Government to provide information on the frequency and scope of the inspections undertaken, including in cases where one single establishment is concerned, and on the impact of the Integrated Employment Promotion Plan: “More and better work” and the “National plan for the regularization of work” (PNRT).
The Committee welcomes the Government’s indication that the PNRT is designed to achieve the incorporation into the social security system of workers excluded following decades of increasing labour flexibility and the lack of the State’s involvement in inspection functions, which led to forms of precarious employment such as pseudo-cooperatives, enterprises for the provision of services and subcontracting arrangements, leaving certain sectors and activities in a situation of extreme vulnerability. It adds that the number of workers who are currently in a registered and legal job with legal protection is the highest for the past 36 years. Informality has been combated through measures to promote a decrease in informal work and an increase in quality jobs with social protection. These have included placing the issue on the public agenda, the simplification of procedures to regularize workers, the reinstatement of and increase in personnel, and the use of technology in inspection activities. The supervisory activities carried out over the past seven years, through the PNRT, are unprecedented; between September 2003 and July 2011, a total of 910,922 workplaces were inspected and the situations of 2,888,024 workers were examined. These inspection activities have undoubtedly contributed to the fall in the rate of unregistered employment. In the second half of 2003, 49.6 per cent of the total number of workers were not registered. This percentage fell to 36 per cent in 2010 (according to the Permanent Household Survey). Through inspection, as well as information, repression and penalties, the MTEYSS has endeavoured to identify violations of the requirement for employers to declare and to pay contributions to the social security system throughout the national territory. The measures have included: the strengthening of the authority of regional heads and delegates throughout the national territory; awareness raising for all officials; training; the purchase of vehicles; the improvement of the premises of regional delegations and directorates; the development of a computerized support application; and the planning of activities. Contributions were also made by the inspections carried out by the Federal Public Income Administration (AFIP) and the provincial labour administrations, through the CFT.
The Committee also notes that the amounts of the fines established in the event of the engagement of workers in a dependent relationship without the required registration and declaration in the context of the PNRT have been updated and increased as from 1 September 2012, in accordance with Decision No. 327/2012 of 8 August 2012 of the National Social Security Administration (ANSES).
The Committee notes this progress with interest and requests the Government to provide information on the frequency and scope of the inspections undertaken in a single workplace, including by provincial delegations. It would also be grateful if the Government would indicate the proportion of labour inspections devoted to combating undeclared work in relation to the proportion of inspections carried out with a view to enforcing the legal provisions relating to conditions of work and the protection of workers (such as the payment of wages, and occupational safety and health conditions), including in relation to unregistered workers, and the penalties imposed (with an indication of the respective legal provision).
Article 6. Stability of employment and conditions of service of labour inspectors. In its previous comments, the Committee requested the Government to provide a copy of Decision No. 670/10 of the Ministry of Labour, Employment and Social Security, as well as information on the measures adopted to ensure that labour inspectors benefit from working conditions in accordance with the principles of stability and independence laid down by this provision of the Convention. The Committee notes that this Decision contained the job descriptions for the posts of labour and social security inspectors and territorial planning analysts. The Committee requests the Government to provide information on the measures adopted to guarantee labour inspectors, including those working at the provincial level, a legal status and conditions of service which ensure their stability of employment and independence from changes of government and improper external influences.
Article 7(3). In-service training for labour inspectors. With reference to its previous comments, the Committee notes the information provided by the Government to the effect that the level of studies of the inspectors and controllers recruited under the Framework Act to regulate national public employment (Act No. 25.164 of 1999) ranges from basic education (2 per cent) to postgraduate studies (13 per cent), including primary (7 per cent), secondary (53 per cent) and university (25 per cent) education. The Committee would be grateful if the Government would provide information on the measures adopted to ensure that labour inspectors working in the provinces receive adequate training that is adapted to new technologies and the conditions of work and workplaces liable to inspection, under the terms of the Convention, both when entering service and during employment.
Article 9. Collaboration of technical experts and specialists in certain inspection activities falling within the remit of labour inspectors. The Committee notes that the Government has not provided information in reply to its previous comment on this Article. The Committee therefore once again requests the Government to describe the arrangements through which the labour inspection services in the various provinces benefit from the collaboration of technical experts and specialists and the cooperation of the Occupational Risks Supervisory Authority (SRT).
Articles 20 and 21. Annual inspection report. The CGT alleges that the Government is not in compliance with these Articles of the Convention. The Committee notes that the last annual inspection report received by the Office dates from 2000. The Committee reminds the Government of its obligation to ensure that an annual report on the work of the labour inspection services is published and transmitted to the ILO in the form and within the time limits envisaged in Article 20, and that this report contains the information required on each of the items indicated in Article 21. The Committee hopes that measures will be adopted rapidly to give full effect to these provisions of the Convention and that information, such as the number of workplaces liable to inspection (including at the provincial level) and the number of workers employed therein, as well as statistics of occupational diseases and of industrial accidents, will in future be included in the annual report, so as to ensure that it is a useful tool to evaluate and improve the operation of the labour inspection system.
Furthermore, noting that the Government has not replied to a number of previous comments, the Committee requests it to provide the requested information on:
Cooperation in the context of MERCOSUR. The Committee notes that according to the Government’s report, the joint inspection operations in the context of MERCOSUR have continued and have been well received among the social partners in the region. Observing that the trade unions in Argentina asked for the inclusion of controls in relation to occupational safety and health and the work environment in the context of the MERCOSUR Regional Labour Inspection Plan (PRIM) and that the proposal was well received by the representatives of other countries, the Committee requests the Government to continue to supply information on the joint activities carried out in the framework of this plan and especially on their impact on the national labour inspection system. The Committee also requests the Government to supply information on any progress made in the formulation and implementation of the training plan for labour inspectors in the context of the PRIM.
Article 5. Cooperation between the inspection services and other institutions and collaboration with employers and workers. The Committee also notes that the SRT has been signing agreements with the provinces and with the autonomous city of Buenos Aires, with a view to conducting joint inspections and providing economic resources for the reinforcement of local labour inspection. The SRT has also signed agreements with the trade unions, with a view to providing economic resources for the training of union leaders and workers, and to developing projects and actions aimed at improving working conditions and the working environment. The Committee requests the Government to supply detailed information on the inspections carried out jointly by the SRT and the autonomous city of Buenos Aires and by the latter and the provincial delegations pursuant to the abovementioned agreements, and also on the impact of such collaboration with regard to the objective pursued by these agreements. It also requests the Government to provide information on any projects launched in the context of collaboration between the SRT and the trade unions, and on the results thereof.
The Committee is raising other points in a request addressed directly to the Government on other matters.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee draws the Government’s attention to the following points:
Article 18 of the Convention. Penalties for the infringement of provisions enforceable by labour inspectors. The Committee refers to the list of cases submitted to the courts, which was attached to the Government’s previous report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). It requests once again the Government to specify: (i) the body that established this list; (ii) the areas of legislation to which the fines imposed pertain; (iii) the impact of the enforcement procedure on the level of implementation of the relevant legal provisions.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report received on 12 October 2010 and the attached documentation. It also notes the comments by the Confederation of Workers of Argentina (CTA) dated 31 August 2010 and 1 September 2011. The Committee also notes the comments of the General Confederation of Labour (CGT RA) dated 29 October 2010. The Committee requests the Government to communicate any comment or information it deems relevant with regard to the comments by the CTA dated 1 September 2011.
Cooperation in the context of MERCOSUR. The Committee notes with interest that according to the Government’s report, the joint inspection operations in the context of MERCOSUR have continued and have been well received among the social partners in the region. Observing that the trade unions in Argentina asked for the inclusion of controls in relation to occupational safety and health and the work environment in the context of the MERCOSUR Regional Labour Inspection Plan (PRIM) and that the proposal was well received by the representatives of other countries, the Committee requests the Government to continue to supply information on the joint activities carried out in the framework of this plan and especially on their impact on the national labour inspection system. The Committee also requests the Government to supply information on any progress made in the formulation and implementation of the training plan for labour inspectors in the context of the PRIM.
Articles 3(1)(a), 4 and 10 of the Convention. Supervision and control of labour inspection by a central authority and labour inspection staff. According to the CTA, uniform criteria have not been established throughout the country for labour inspection, nor has appropriate legislation been adopted with a view to carrying out effective uniform controls throughout the national territory. Despite the fact that Act No. 25877 establishing the Integrated Labour Inspection and Social Security System (SIDITYSS) authorizes the central Government to exercise functions shared with the provinces with respect to labour inspection, this has not had any significant effect in practice and the Ministry has been relegated to a secondary position of supervision, support and assistance. According to the trade union, the inefficiency of labour inspection is due to exclusive powers being conferred on the provinces, in addition to the scarce material resources assigned to the provincial offices and the inadequate number of inspection staff employed there. According to the CTA, the lack of effective public policies in labour inspection is due to the enormous pressure exerted by local economic influences and the major national or multinational enterprises, which allows them to operate in an “exclusion zone” inside their establishments and carry out their own inspection and supervision of working conditions. The CTA also indicates that the persistently high number of industrial accidents and cases of occupational disease are evidence of the breakdown of enforcement of the standards relating to risk prevention and health protection in the workplace.
The CGT, for its part, points out that the inspection system in Argentina continues to experience major difficulties since it lacks a central authority and despite the fact that Act No. 25877 established a system of cooperation between the provinces and the federal State, the effectiveness of inspection activities is showing no sign of improvement, in a country with an informal employment rate of 37 per cent. The union also indicates that the effectiveness of controls varies enormously between provinces since many of them have an insufficient number of labour inspectors and some even have only one inspector.
With reference to its previous comments, the Committee notes that each of the 23 provinces and the autonomous city of Buenos Aires has an administrative body dependent on the provincial executive which is responsible for labour inspection within its jurisdiction. The provincial authorities have competence for monitoring general working conditions and for enforcing occupational safety and health (OSH) standards and the terms of collective labour agreements. The Ministry of Labour and Social Security (MTEYSS) is responsible for supervising activities within the remit of the federal authority (ports, airports, multinational enterprises), activities comprising tasks spanning various jurisdictions, such as inter-provincial passenger and cargo traffic, and river, maritime and land transport. The Ministry also has competence for controls relating to social security contributions. Responsibility for OSH at national level lies with the Supervisory Authority for Occupational Risks (SRT), which also secures the enforcement of the obligations of the occupational hazard insurance companies. According to the Government, the Federal Labour Council drives general inspection policies according to the principles of coordination, cooperation, shared participation and shared responsibility. With regard to the number of inspection staff, the Government indicates that the number of inspectors currently stands at 320 and that the SRT has 67 inspectors, not including the staff specifically assigned to each province and the autonomous city of Buenos Aires. It adds that through Decision No. 670/10, the Ministry of Labour launched a competition in 2010 with a view to filling 300 vacancies.
The Committee reminds the Government that the objective of the Convention is to ensure the functioning of a coordinated and effective labour inspection system throughout the territory, under the supervision and control of a central authority. Where legislation provides for the distribution of inspection powers between a federal or central authority and provincial authorities, it is necessary to guarantee the establishment of an inspection system in each province or one covering more extensive jurisdictions or regions and to ensure the necessary resources for the functioning of such structures (see Article 4(2) of the Convention and paragraph 140 of the 2006 General Survey on labour inspection). The Committee requests the Government to supply further information on the manner in which effect is given to Article 4 of the Convention with respect to the structure and operation in practice of the labour inspection system, especially on the steps taken to ensure coordination between the federal and provincial inspection authorities. The Committee also requests the Government to supply information on the impact of the launching of a competition in 2010 by the MTEYSS on the number of inspection staff and their geographical distribution in the various provinces.
The Committee would be grateful if the Government would also provide information on the manner in which labour inspectors verify the information contained in reports relating to self-inspections undertaken by enterprises.
Articles 3(1)(a), 16, 18 and 24. Supervisory function of labour inspectors; frequency and scope of inspections; penalties. The CTA deplores the fact that the national, provincial and municipal authorities have not taken the necessary steps to stop the illegal practices of unregistered work (whereby employers leave substantial numbers of workers devoid of any protection in terms of social benefits). The union emphasizes the fact that the legal framework provided for by Act No. 24013 of 1999 (Employment Act) – one of the objectives of which is to put a stop to these practices through the establishment of an incentive scheme for employers who are willing to make amends and rectify their practices in this respect and the imposition of harsher penalties for uncooperative employers is insufficient inasmuch as it has not been accompanied by inspections undertaken with the care and frequency required by the Convention.
With reference to its previous comments on Article 18 of the Convention, the Committee notes with interest the information supplied by the Government in relation to the increase in the amounts of fines imposed for infringements of social security standards, with a reduction in the amount of penalties if the situation is rectified within a specific period and with subsidies for employer contributions for employers who create new jobs that are duly registered. It also notes with interest the various agreements signed between the MTEYSS and trade unions for combating undeclared work and ensuring effective inspection of working conditions and child labour, in the context of the “Integrated employment promotion plan: More and better work” and the “National plan for the regularization of work” (PNRT). The Committee requests the Government to supply information on the frequency and scope of inspections undertaken, including in cases where one single establishment is concerned. It also requests information on the impact of these measures on the implementation of legislation concerning conditions of work and the protection of workers, including undeclared workers and statistics on infringements of labour legislation detected by labour inspectors, specifying the relevant provisions and the penalties imposed.
Article 5. Cooperation between the inspection services and other institutions and collaboration with employers and workers. With reference to its previous comments, the Committee notes that, in the context of the “National plan for the regularization of work” (PNRT), Ministry of Labour officials visited the federal courts in the interior of the country to explain the workings of the Ministry, and the judicial authorities empowered ministry officials to act as ad hoc judicial officers in the execution of judicial tasks. It also notes that, according to the CGT RA, cooperation between the judicial system and the administration has improved as regards the collection of fines imposed for infringements of labour legislation. The Committee would be grateful if the Government would continue to send information on the steps taken or contemplated to promote cooperation between the labour inspectorate and the judiciary.
The Committee also notes that the SRT has been signing agreements with the provinces and with the autonomous city of Buenos Aires, with a view to conducting joint inspections and providing economic resources for the reinforcement of local labour inspection. The SRT has also signed agreements with the trade unions, with a view to providing economic resources for the training of union leaders and workers, and to developing projects and actions aimed at improving working conditions and the working environment. The Committee requests the Government to supply detailed information on the inspections carried out jointly by the SRT and the autonomous city of Buenos Aires, and by the latter and the provincial delegations pursuant to the abovementioned agreements, and also on the impact of such collaboration with regard to the objective pursued by these agreements. It also requests the Government to provide information on any projects launched in the context of collaboration between the SRT and the trade unions, and on the results thereof.
Article 6. Stability of employment and conditions of service of labour inspectors. In reply to the Committee’s previous observation concerning the remuneration and prospects for career advancement of labour inspectors as compared to those of other public servants with similar duties, the Government reiterates that inspectors and controllers are covered by Act No. 25164 of 1999 on public employment at national level. It also indicates that the inspectors, perceive an average salary of 4,862.44 pesos (ARS) (about US$1,206.55). The Government adds that under Decision No. 670/10, mentioned above, the profiles for the posts of labour and social security inspector and territorial planning analyst were established, and their tasks, requisite qualifications and conditions of promotion were specified.
The CTA alleges that in the city of Buenos Aires labour inspectors do not enjoy the guarantees needed to perform their duties. It indicates that this situation has been affirmed by various court decisions and refers to the case of a labour inspector recruited under a service provider scheme who was dismissed and lodged an appeal for reinstatement and definitive incorporation into the permanent staff of the local public administration. According to the CGT RA, however, progress has been made in this sphere since the passing of MTEYSS Decision No. 670/10 marks the start of a selection procedure for labour inspectors, the goal of which is to ensure stability of employment.
The Committee requests the Government to send to the ILO a copy of Ministry of Labour Decision No. 670/10 and to supply information on the steps taken to ensure that labour inspectors benefit from working conditions in accordance with the principles of stability and independence laid down by Article 6 of the Convention.
Articles 7(3), 11(a) and 18. Resources allocated to the inspection services and in-service training for labour inspectors. According to the Government, the MTEYSS provides its staff with an induction/re-induction course and another series of courses designed to improve their qualifications. The Committee observes that the Government’s report contains information on the courses given to Ministry of Labour staff, in particular training on the supervision of cargo and passenger transport and the maritime, river, lake and port sectors. The Government further indicates that the SRT also provides its inspectors with refresher workshops.
In its previous comments the Committee noted that, according to section 34 of Act No. 25877 of 2004, the MTEYSS is required to allocate all proceeds from fines imposed for breach of the labour legislation to improvement of the labour inspection service and asked the Government to indicate the expenditure items of the labour inspectorate to which these resources are assigned. The Committee notes that according to the information supplied by the Government, the budget headings of the labour inspectorate which benefit from the allocation of fines collected for infringements of the labour legislation are those which ensure its ordinary operation (e.g. consumer goods (including paper, spare parts and fuel), technical and professional services, tickets and travel allowances, machinery and equipment etc.).
The Committee notes that according to the CTA, the lack of training of inspection staff combined with the inadequacy of the material resources allocated to the regional offices constitute one of the obstacles to the establishment of effective labour inspection. The CGT RA also stresses the importance of giving specific training to inspectors and equipping the inspection services with computing equipment in order to achieve a better level of performance.
With reference also to its comments under Articles 3(1)(a), 4 and 10 of the Convention, the Committee requests the Government to provide information on the distribution of the budgetary resources of the labour inspection services throughout the central and provincial structures and the material means at their disposal including transport facilities.
The Committee would also be grateful if the Government would provide detailed information on the training courses given to labour inspectors performing their duties in the various provinces, including the frequency, number of participants, subjects covered and duration.
Article 9. Collaboration of technical experts and specialists in some inspections falling within the remit of labour inspectors. In relation to its previous comments, the Committee notes that the Government’s report contains a list of staff of the Department of Inspections and Preventive Programmes at the SRT, including architects, graduates in OSH, chemical engineers and mechanical engineers. The Committee requests the Government to describe the modalities for collaboration with technical experts and specialists at the level of the provinces and any cooperation with the SRT in this respect.
Article 14. Notification of the inspectorate regarding industrial accidents and cases of occupational disease. In reply to the request for information on the manner in which effect is given to the present Article of the Convention, the Government indicates that the corresponding statistics are being compiled on the basis of notifications made and can be consulted on the SRT website at: http://www.srt.gov.ar/data/fdata.htm.
Articles 20 and 21. Obligation to publish and send an annual report. The Committee draws the Government’s attention to its general observation of 2011 on the importance of drawing up and publishing an annual report on the work of the labour inspectorate. It reminds the Government of the central inspection authority’s obligation to publish and send to the ILO, in accordance with Article 20 of the Convention, an annual general report containing the information required in each clause of Article 21(a)–(g) and the possibility, if necessary, of seeking technical assistance from the ILO for this purpose. The Committee requests the Government to keep the ILO informed of progress made in this field.
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee refers the Government to its observation and draws its attention to the following point.

Article 18 of the Convention. In reply to the Committee’s previous direct request enquiring about incentives for employers that comply with the law and more dissuasive sanctions against the most negligent, the Government indicates that the law provides for no rewards for the former. The Committee notes with interest, however, that the National Plan for the Work Regularization makes provision for reducing the amount of the fine by one third if the employment is brought into conformity with the law. It notes that, according to section 34 of Act No. 25.877 of 2004, the Ministry of Labour is required to allocate all the proceeds from fines imposed for breach of the labour legislation to the improvement of the labour inspection service. The Committee requests the Government to indicate the expenditure items of the labour inspectorate to which these resources are assigned.

With regard to the list of cases submitted to the courts which was attached to the Government’s report on the application of Convention No. 129, the Government is asked to specify: (i) the body that established it; (ii) the areas of the legislation to which the fines imposed pertain; and (iii) how far the procedure implemented for their recovery has affected the extent to which the relevant legal provisions are applied.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Further to its previous observation, in which it asked the Government for information on the legislative and practical measures taken to reinforce the labour inspection system and to give full effect to Articles 20 and 21 of the Convention, the Committee notes the Government’s detailed report. It also notes the attached documents concerning the MERCOSUR Regional Labour Inspection Plan (PRIT), and its revision and implementation during the period covered by the report.

Regional economic cooperation and developments in the labour inspection system. The Committee notes that according to the Government, the PRIT has been revised to take account of member States’ comments and remarks, but that the decisions on the minimum requirements for inspection visits and for the profiles of labour inspectors have been maintained. The Government also indicates that Brazil should shortly submit a proposal for the development of labour inspectors’ training in the context of MERCOSUR.

The Committee notes the report of a joint pilot inspection operation carried out in September 2007 for three days in the common border area of Argentina, Brazil and Paraguay, pursuant to MERCOSUR decision No. 32/06 on minimum requirements regarding labour inspection procedure. The operation began with a meeting for an exchange of information between the three delegations on the technical aspects of labour inspection in each country and the relevant labour legislation. For the practical action, the inspectors formed two groups, one of which was responsible for the supervision of general conditions of work and the other for occupational safety and health conditions. The workplaces involved were a building materials establishment in Brazil; a commercial establishment in Paraguay; and a hotel establishment in Argentina. In each workplace inspected, verification focused on the documentation pertaining to general conditions of work, social security, equipment and premises and the application of specific standards. The members of the delegations participated in each inspection as observers and had the opportunity to make recommendations relating to their respective national procedures. According to the Government, following this pilot activity, Brazil proposed a broad outline for the training plan for labour inspectors within MERCOSUR.

The Committee also notes that the Ministry of Labour took part in a tripartite regional meeting on labour relations, employment and social security in MERCOSUR, which was held at Montevideo (Uruguay) in November 2007. In the course of the meeting, the Government referred to its difficulties in obtaining funds to finance the Regional Plan for the Eradication of Child Labour, and of the possibility of seeking support from the ILO and other international organizations. With regard to labour inspection in general, the meeting decided that each State party would in future propose holding joint operations for a specific economic activity and one border area per country. The Committee notes with interest that the participants agreed to exchange statistical information on labour inspection that has to be communicated to the ILO under this Convention.

In May 2008, another tripartite meeting on labour relations, employment and social security was held in Buenos Aires, which the ILO attended as an observer. The Committee notes, however, that according to the report of the meeting, employers were represented only by a Brazilian delegation. On that occasion, the Government delegation of Argentina proposed the establishment of a PRIT operations coordination committee consisting of the government bodies responsible for labour inspection, a new common regional inspection methodology, including the organization of an evaluation day with the participation of the social partners. It also proposed that each country should prepare a document setting out proposals to improve technical training for labour inspectors in the context of the MERCOSUR training system (STIT). With regard more specifically to child labour, the Government delegation of Argentina suggested that child labour issues should be dealt with in conjunction with other competent MERCOSUR bodies, such as the Niño Sur initiative, and that one of the member States should be responsible for establishing contacts with the Government representatives of the countries participating in the initiative. It also reported that the Government had taken measures to seek funding through the Inter-American Development Bank (IDB). The Committee would be grateful if the Government would continue to provide information on the impact of the PRIT on improving the professional qualifications of labour inspectors (Article 7 of the Convention), and to indicate the action taken on the proposals regarding the procedure for workplace inspection (Articles 12 and 13). Noting that, according to the Government, labour inspectors and local inspection offices enter information on their activities in the computer system, the Committee would be grateful if the Government would ensure that the central authority discharges its duty to publish and communicate an annual report on the work of the labour inspectorate (Articles 20 and 21).

Article 5(a) and (b). Cooperation between the inspection services and other institutions, and collaboration with employers and workers. The Government states that, pursuant to the provisions of Act No. 25.877 of 2004, the Ministry of Labour has concluded agreements with other ministries, the Federal Public Revenue Department (AFIP) and the Social Security Administration (ANSES), as well as agreements with the trade unions. The Committee would appreciate receiving copies of the texts implementing the above Act and of such agreements.

With reference to its general observation of 2007, the Committee notes with interest the information and documents provided by the Government on the measures taken to encourage effective cooperation between the labour inspectorate and the justice system in achieving common objectives for the protection of workers. It states that a meeting was held between the Minister of Labour, the Secretary of State for Labour, the Secretary of State for Social Security, the Chief Social Security Advisor, the Director of Legal Affairs and all the magistrates of the Social Security Chamber on the complementarity of the powers conferred by Act No. 25.877 on the Ministry of Labour and the AFIP as they relate to compliance by employers with social security obligations. Furthermore, an electronic data entry system on social security cases is available to the courts and a new fines recovery procedure has been set up for the labour courts of the federal capital. The Government adds that the Directorate for Legal Affairs has launched a survey among judges on the possibility of more expeditious proceedings. In addition, various computer systems have been developed jointly by the Directorate of Legal Affairs and the Directorate of Computer Systems and Resources so as to speed up recovery procedures and make the treatment of cases easier to supervise countrywide. It is also planned to establish a computerized register of repeat offenders for the imposition of more severe penalties and the compilation of  statistics. According to the Government, these measures are aimed at making magistrates aware of the rationale of inspection. In support, it provides a list of more than 8,000 cases of employers prosecuted for offences. The Committee would be grateful if the Government would indicate whether the measures to encourage cooperation between the Ministry of Labour and the judicial authorities are confirmed to breaches of social security legislation or whether they also target violations of the rules on general conditions of work and occupational safety and health. Please continue to provide information on all measures taken or envisaged to step up cooperation between the labour inspectorate and the judicial authorities.

Article 6. Conditions of service of labour inspectors. Further to its observation of 2004 on the conditions of service of labour inspectors, which were criticized in 2002 by the Latin American Confederation of Labour Inspectors (CIIT), the Committee notes that under this provision of the Convention the Government refers to Framework Act No. 25.164 of 1999 on public employment at national level. It would be grateful if the Government would provide details of the remuneration and prospects for career advancement of labour inspectors as compared to those of other public servants with similar duties.

Article 9. Collaboration of technical experts and specialists in some of the inspections falling within the remit of labour inspectors. According to the Government, inspectors receive appropriate training enabling them to deal adequately with the various technical issues that they will encounter during inspections. The Committee would be grateful if the Government would specify the composition of the inspection staff by area of expertise and by grade and would indicate how occupational safety and health inspections are undertaken which require specialization (medical, technical, chemical).

Article 14. Information on industrial accidents and cases of occupational disease. The Committee notes that the Government refers in this respect to information supplied in the report on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184), concerning Act No. 24.557 of 1995 on occupational hazards, and particularly to section 31(2)(c). It notes that, according to this provision, employers are required to notify to occupational hazard insurance companies (ART) and the Supervisory Authority for Occupational Risks (SRT) any accidents and cases of occupational disease occurring in their establishments. However, the CIIT reported in its comments of 2002 the failure to give effect to Article 14 of the Convention. The Committee reminds the Government that according to this provision, the labour inspectorate shall be informed of such occurrences and asks the Government to provide details of the manner in which effect is given to this provision in practice.

Articles 11 and 16. Frequency and scope of inspections. According to the Government, inspection visits are conducted either ex officio or as a result of a complaint, and their frequency depends on the number of workplaces liable to inspection and the number of labour inspectors reporting to the ministry or to provisional labour departments. Under Article 11, the Government states that in purchasing vehicles for the inspection services, account is taken of the characteristics of the terrain and that all travel and other related expenses are refunded to labour inspectors immediately. The Committee would be grateful if the Government would indicate whether all the provinces have a labour inspection service and to provide an assessment of the extent to which the effect given in practice to Article 16 is commensurate with the protection needs of the workers concerned.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee refers the Government to its observation and hopes that current and planned developments in the labour inspection system as a whole will be accompanied by incentives for those employers that best apply the legislation on conditions of work and the protection of workers, and by more dissuasive sanctions against the most negligent employers. It would be grateful if the Government would provide information on any initiatives implemented or envisaged in this regard.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the Government’s report for the period ending in June 2006. It notes that the Government has replied in part to its previous comments and those of the Latin American Confederation of Labour Inspectors (CIIT) sent in a communication of 2002 on the application of the Convention. It notes with interest the Government’s information regarding the positive effects that the improvement in Argentina’s economy has had on employment and compliance with labour legislation thanks to intensified supervision of the registration and regularization of workers.

Regional economic cooperation and development of the labour inspection system. With reference to its previous comments on the issues raised by the CIIT, the Committee notes that a National Plan for the regularization of workers under way since 2003 has made it possible, thanks to the mobility of labour inspectors, to carry out large-scale regularization operations and joint inspection visits involving various specializations and levels of competence in the context of the integral labour inspection system established by Act No. 25.877 of 2004. Furthermore, appropriate cooperation has enabled the inspection services and other public bodies including the Federal Public Revenue Administration (AFIP), the National Migration Directorate and the Supervisory Authority for Occupational Risks, to exchange useful information for the performance of their respective duties. As regards the conditions of work and service of labour inspectors, which the CIIT criticized, the Government has provided information and documents pertaining to measures envisaged at the regional level within MERCOSUR with a view to bringing about improvements in every member country (Argentina, Brazil, Paraguay and Uruguay). A two-year regional labour inspection plan has been proposed by the Government on the basis of recommendations likewise issued at regional level in 2005 (MERCOSUR/CMC/Rec 01/05 and CMC/Rec 02/05, 2005). One of the plan’s objectives is to establish a regional centre for the training of inspectors in particularly sensitive matters such as undeclared work, discrimination on grounds of race, religion, sex and disability, migrant labour and child labour. There is also to be training on the programming and conduct of inspection visits with suitable advice to be provided to employers. The regional centre is to have a virtual Internet portal that all inspection services of member countries can access.

The plan also provides for an annual programme of joint inspection visits of particularly sensitive activities in the member countries, particularly in border areas. A system for the collection and processing of statistical data is to be set up so that an annual regional inspection report can be published. Advocacy campaigns on workers’ rights are also scheduled.

With regard to the insufficient numbers of inspection staff and the obstacles to the performance of the tasks involved in enforcing the legislation on working conditions, the Committee notes the Government’s information that 300 inspectors are distributed throughout the territory, in accordance with needs. It notes that Recommendation MERCOSUR/CMC/Rec 01/05 establishes the elements to be systematically checked in the course of inspection visits in member countries. The Committee notes with interest that these areas include, as required by the Convention, working conditions and the protection of workers (general conditions and occupational safety and health).

The Committee also notes with interest the establishment in 2003 of a tripartite group on occupational safety and health to be responsible for the framing, evaluating and monitoring of policy on working conditions in the construction sector. It notes in this connection that thanks to a diagnosis carried out with technical assistance from the Office, there was a significant increase in the number of inspections carried out on worksites between 2003 and 2005. Furthermore, a national safety and health plan has been set up in the sector, and in November 2004, in cooperation with local authorities, occupational associations and trade associations, a massive awareness campaign was launched “For construction sites to be visible from the street”, with a free telephone helpline for the public.

Further to its comments of 2006 under Convention No. 182 on the activities conducted by the Child Labour Control and Inspection Unit, the Committee notes that under the National Plan for the Prevention and Elimination of Child Labour, the labour inspection services are to be reinforced. Furthermore, regional actions have been developed in the context of MERCOSUR, such as a second publicity campaign for the prevention and elimination of child labour, together with an implementation plan, approved by resolution No. 36/06 of 18 July 2006.

The Committee would be grateful if the Government would continue to provide information on legislative matters and on practical measures taken to strengthen the labour inspection system (status of labour inspectors, conditions of service and career plans, numbers, training, cooperation with other public services or with private institutions, and collaboration with the social partners, equipment, computer and logistic resources of the inspection services). The Government is also asked to take all necessary steps to give full effect to Articles 20 and 21 of the Convention concerning the requirement for the central labour inspection authority to publish and send to the ILO an annual report on the work of the inspection services under its control. Please also report to the Office any progress made in this respect and any difficulties encountered.

The Committee is addressing a request on other matters directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 12, paragraph 1, and Article 13 of the Convention. The Committee notes that the powers of labour inspectors to supervise and issue orders, as set out in section 32 of Act No. 25.877 of 2004, are established in a broader and less detailed manner, in relation to these provisions of the Convention, than they are in section 7 of Annex II to Act No. 25.212 of 23 December 1999 issuing the Federal Labour Charter. The Committee would be grateful if the Government would indicate whether the 1999 text is still in force.

Article 12, paragraph 2. The Committee requests the Government to ensure that measures are taken to bring the legislation into conformity with the Convention with regard to: (i) the obligation of inspectors to notify the employer or her or his representative of their presence on the occasion of an inspection visit; and (ii) the discretion which should be accorded to them not to do so where they consider that such a notification may be prejudicial to the performance of their duties.

Article 18. The Committee requests the Government to specify whether the system of penalties for violations of the labour legislation set out in Annex II to Act No. 25.212 is currently in force and whether measures have been taken to set in motion a procedure for the adjustment of the amounts of fines taking into account any fluctuations in the value of the currency so as to maintain their dissuasive nature, which is essential for the achievement of the objective that they are intended to pursue.

Articles 20 and 21. The Committee notes the statistical tables for the years 2002, 2003 and 2004 on the staff of the labour inspectorate; and for 2003 and 2004, on the number of inspections, the violations reported and sanctions imposed and on industrial accidents and cases of occupational diseases. The Committee hopes that the Government will ensure that in the near future an annual report on the activities of the labour inspection services containing all the information required under Article 21 is published and communicated to the ILO by the central inspection authority in the form and within the time limits set out in Article 20.

Regional cooperation in the field of labour inspection. The Committee requests the Government to provide information on the action taken as a result of the three draft resolutions on joint inspection operations in the context of MERCOSUR, as announced in its report.

Safety and health in the construction sector. With reference to its previous comments, the Committee once again requests the Government to provide detailed information on the nature of the prevention activities implemented in the construction sector and their impact.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Impact of the restructuring on the operation of the labour inspection system. In its previous comments, the Committee noted the comments made by the Latin American Confederation of Labour Inspectors (CIIT) in a communication dated 20 May 2002 on the application of the Convention, stating that there had been no change in the situation as described in the observations made in 1999. The Committee also noted the explanations provided by the Government on the consequences of the economic and financial crisis on the operation of the labour administration and requested information on developments in the situation with regard to Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10; 11; 14 and 16 of the Convention which, according to the CIIT, were not applied.

The Committee notes that the Government has replied in part to its previous comments. It notes that Act No. 25.877, of 2 March 2004, maintains the designation of the Minister of Labour, Employment and Social Security as the central authority of the Integrated Labour and Social Security Inspection System (SIDITYSS).

According to the CIIT, the mediation functions assigned to labour inspectors amount to an additional obstacle to the discharge of their supervisory duties of the legislation for which they are responsible, which is rendered difficult by a situation that has already deteriorated markedly, particularly with regard to resources, but also by reason of the dispersion of responsibilities and the disparities, to the detriment of labour inspectors, of the remuneration conditions of public servants. The lack of human resources is even reported in certain provinces to have led to the abolition of any labour inspection system while, in others, labour inspectors are confined to supervising homework, with the majority of the other fields covered by inspection being assigned to contractual employees not covered by the status of public officials, but better paid than the labour inspectors of the Ministry of Labour.

Noting that the provisions of Act No. 25.877 provide responses to certain of the concerns expressed by the CIIT, the Committee requests the Government to provide information in its next report on any text or measure of a practical nature adopted under the provisions of the new Act on labour inspection, as well as a description of the new inspection system throughout the territory and particulars on the impact of the Act on the status and conditions of service and working conditions of labour inspectors (Articles 6, 7, 10, 11, 14 and 16); on their fields of competence (Article 3, paragraphs 1 and 2); and on any measures adopted to promote cooperation with other institutions engaged in similar activities (Article 5).

2. Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes with satisfaction that regional training days on the issue of child labour and the role of labour inspectors have been organized for labour inspectors with a view to raising the awareness of provincial administrations on the importance of the issue and the need to establish their own methods of work and special teams to monitor child labour. The Committee also welcomes the structural measures adopted in the context of the measures to combat child labour. These include the establishment by Decision No. 125/003 of March 2003, within the Ministry of Labour, Employment and Social Security, of a child labour inspection unit responsible for ascertaining the working conditions of children, the nature of their activities, the level of risk to which they are exposed, and for analysing and systematically compiling relevant information from the various inspection services and for maintaining coordination with the Federal Labour Council and provincial labour administrations to carry out operations to detect cases of violations in this field. It requests the Government to continue providing information on the outcome of the measures adopted and, in particular, to provide relevant statistical data.

The Committee is addressing a request directly to the Government on certain matters.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report for the period ending on 30 June 2001, the documents sent in reply to its previous comments and the annual report of the labour inspectorate for 2000.

The Committee also notes the comments by the Latin American Confederation of Labour Inspectors (CIIT) sent on 20 May 2002, complementing those of 1999, stating that there has been no change in the situation and that Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10, 11, 14 and 16, of the Convention are not applied.

The Committee also notes that, in a communication received on 6 June 2002 by the Office, the Government refers to the serious economic and financial crisis which has given rise to internal and external insolvency and paralysis of all banking activity with implications for the labour market. The Committee refers in this connection to its previous comments and the information which the Government sent in reply, and would appreciate information on developments in the situation, particularly as regards the application of the abovementioned provisions of the Convention.

Labour inspection and child labour. The Committee notes with interest Annex IV to the Federal Labour Pact concerning the national action programme on child labour (Act No. 25.212 of 2000), and Decree No. 719 of 2000 setting up a national committee for the elimination of child labour which is responsible for the evaluation and coordination of efforts to prevent and eliminate child labour. The Committee notes that the abovementioned national action programme provides for the reinforcement of the labour inspectorate, inter alia, through the implementation of relevant training programmes, the establishment of interdisciplinary technical support teams for labour inspection, the formation of social networks allowing an immediate social response by the inspection services to every instance of child labour and the establishment of new machinery for detecting child labour. The Committee hopes that the Government will regularly send detailed information, including figures, of the results obtained by the strategy to combat child labour.

Regional and sectoral cooperation in labour inspection. With reference to its previous comments on joint labour inspection operations by MERCOSUR countries in the construction, manufacturing, food and electrical energy sectors, the Committee requests the Government to provide information on the running of such operations in the country and the results obtained in the light of the objectives pursued.

Cooperation between government labour inspection services. The Committee notes that the supervision of occupational hygiene, health and safety conditions is carried out by the provincial labour administrations which may call on the inspectors of the Occupational Risks Supervising Authority to determine arrangements for supervision, training or technical assistance. Noting the information on the new comprehensive strategy developed by the occupational risk supervision service through the "Safe work for all" programme, the Committee asks the Government to indicate whether, and to what extent, labour inspectors who report to the Ministry of Labour are involved in the implementation of the above programme and to give particulars of the type of measures taken, particularly in the construction sector which, along with the agricultural sector, has been shown by studies to have the highest number of fatal accidents.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. The Committee notes with interest the indication in the 1997 Annual Report on the Labour Inspection in Argentina, that for the purpose of promotion of the observance of the labour legislation in each of the countries-members of the MERCOSUR the participants in the first meeting of Ministers of Labour of MERCOSUR (1996) have agreed, inter alia, to conduct "joint operative missions" in the construction sector in which delegations of the MERCOSUR member countries can participate as observers in the conduct of inspection activities in the host country, followed by an evaluation of their results in order to determine the next joint activities. During the second joint operation conducted in Argentina in October 1997, two construction works have been inspected. The Committee hopes that the Government will continue in its future reports to supply information on such activities conducted in Argentina.

2. Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication in the 1997 annual report on labour inspection that pursuant to Decree No. 1.183/96, dated 17 October 1996, the representatives of organizations of workers, possessing legal personality, were included into the system of Labour Inspection under the name of labour controllers (Controladores Laborales) with the aim of strengthening the tasks of control over labour relations. Under resolution No. 1.029/96, dated 19 December 1996, on the procedure for appointment of the labour controllers and their rights and obligations, the labour controllers are entrusted with the detection of non-registered workers and can to this effect request from the enterprises information necessary for the identification of such cases (articles 6 and 7 of the resolution). The Committee asks the Government to provide details of the status and conditions of service of the labour controllers and to indicate whether they are assured of stability of tenure and are independent of improper external influences.

3. Article 10. Number of labour inspectors. The Committee notes that the safety and health inspection is composed of 52 inspectors and 21 technicians and professionals, while the figures for the inspection of general labour conditions amount respectively to 470 and 49. Recalling that the adequacy of human resources is an essential element in the efficiency of labour inspection, the Committee requests the Government to provide information on measures adopted or envisaged to increase the number of inspectors in general and in the safety and health inspection in particular.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports for the period up to 30 June 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors.

1. The Committee notes with interest that following its previous comments to the effect that no inspection report had been sent to the ILO since 1984, the Government has communicated the 1997 annual labour inspection report as well as the 1997 and 1998 statistical summary on labour inspection, occupational accidents and diseases, required under Article 21 of the Convention. It hopes that the Government will in future comply with this requirement of the Convention and provide labour inspection reports on a regular basis.

2. The Committee noted previously that Decree No. 772/96 of 15 July 1996 assigned to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the territory and it expressed the hope that the new structure would enhance progress in the application of the Convention.

The Committee notes that in its observations the Latin American Confederation of Labour Inspectors alleges the absence of inspection services in several provinces of the country (Article 4), the absence of correspondence between the remuneration of labour inspectors and that of other civil servants having lower or equal responsibilities (Article 6), the absence of adequate training of labour inspectors for the performance of their duties (Article 7, paragraph 3), the inadequacy of the number of inspectors, of the frequency of inspection visits (Articles 10 and 16), and non-reimbursement of travelling expenses to labour inspectors (Article 11). It also alleges that the Superintendency of Risks at Work is not performing its functions efficiently and does not take into consideration prevention of accidents (Articles 8, 10, 13, 14 and 16). The Committee hopes that the Government will provide its comments on these allegations as well as information on the status, rights and responsibilities of the inspectors of the Superintendency of Risks at Work.

3. With reference to previous observations by the Union of United Maritime Workers (SOMU) concerning the enforcement of legal provisions relating to conditions of work and the protection of workers, the Committee notes the agreement signed among different administrations and trade unions for an integrated and coordinated plan of port and maritime inspection, whose first phase was executed in December 1997. The Committee hopes that the Government will provide information on any further labour inspection activities undertaken in the framework of this plan.

4. The Committee addresses a request directly to the Government on certain other points.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes Decree No. 772/96 of 15 July 1996 which assigns to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the national territory (section 1). It notes that in exercise of these functions, the ministry shall ensure that the various inspection services in the country comply with the standards governing them and, particularly, with the requirements of Conventions Nos. 81 and 129, and shall exercise the other functions assigned to the central authority by the Conventions (section 1(a) and (b)).

The Committee recalls that in its previous commentaries it noted that it had not received an annual report on the activities of the inspection services since 1984 and expressed the hope that such a report would be transmitted to the ILO within the time-limit set by Article 20 and that it would contain all the information required by Article 21.

The Committee hopes that the new structure will make it possible to progress in the application of the Convention in general and of Articles 20 and 21 in particular. The Committee requests the Government to keep it informed in this respect.

2. The Committee notes the observations made by the Union of United Maritime Workers (SOMU) of 2 November 1995 and 31 May 1996 relating to communications received previously from the same organization to which the Committee had referred and which concern the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make its comments on the allegations, taking into account that the labour inspectors shall secure the enforcement of such provisions as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 3, paragraphs 1(a) and 16).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 10 of the Convention. The Committee notes that the Department of Inspection employs 33 inspectors not divided by categories and that 22 out of 23 provinces have their own staff of labour inspectors. It would be grateful if the Government would indicate which province does not have its own staff of labour inspectors and how labour inspection is ensured there. Please also supply details on the number of inspectors of different categories by province, including inspectors to whom special or technical functions may be assigned.

Articles 11, paragraphs 1(b) and 2, and 16. Further to its previous comment, the Committee urges the Government to provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirements in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

The Committee refers to the observations made by Unique Workers' Central (CUT) of Brazil dated 25 February 1993 concerning the conditions of work of Brazilian workers engaged in the building of a Carrefour supermarket in La Plata, Argentina. The Committee notes that on 30 May 1994 the CUT withdrew its observations and indicated that the said conditions had improved. The Committee would be grateful if the Government would supply particulars on any inspections which confirm improvements in the conditions of work at the construction site of Carrefour in La Plata.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information supplied by the Government in answer to its previous comments.

Article 10 of the Convention. The Committee notes that the 33 inspectors mentioned in the Government's previous report referred to the number of inspectors of the National Occupational Safety and Health Directorate and that in addition 38 inspectors work at the National Labour Inspectorate. The Committee also notes that at present the 23 provinces of Argentina have their own inspection services and that detailed information on each of them is being collected in order to be inserted next year in the annual inspection report to be compiled and published, in accordance with Articles 20 and 21.

The Committee notes the observations made by the Union of United Dock Workers of Argentina of 5 September 1995 referring to the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make such comments as it considers appropriate in this regard, taking into consideration that the primary duty of the labour inspectors is to secure the enforcement of such provisions through sufficiently frequent and thorough visits to workplaces liable to inspection (Articles 3, paragraph 1(a), and 16).

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 6 of the Convention. Further to its previous comments, the Committee notes that, according to the Government's report, the change of government does not affect the stability of employment of labour inspectors and that such stability of employment would be legally protected within the National System of the Administrative Profession (SINAPA). The Committee would be grateful if the Government would provide full details on SINAPA indicating how the requirements of this provision of the Convention are met in law and practice.

Article 20. The Committee notes the Government's reply that there is no general information available concerning the activities of the inspection services as the coordination of such activities has been decentralized by virtue of the framework agreement concluded between the central Government and the provinces. It recalls that this provision of the Convention requires the central inspection authority to publish an annual general report on the work of the inspection services under its control; "central authority" meaning either a federal authority or a central authority of a federal unit (Article 4, paragraph 2). It recalls that no annual labour inspection report has been received since 1984. The Committee reiterates its previous comments that, in the absence of annual inspection reports that provide the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee urges the Government to indicate the measures taken or envisaged in this regard.

Article 21. The Committee notes the information provided by the Government in its report that corresponds to the information required by this Article of the Convention. It points out to the Government that this information should be included in the annual report referred to above, which should also provide details concerning the inspection staff of each province (subparagraph (b)); the statistics of workplace liable to inspection and the number of workers employed therein (subparagraph (c)); statistics of inspection visits, violations and penalties imposed, industrial accidents and occupational diseases for each province (subparagraphs (d) to (g)).

The Committee is also addressing a direct request to the Government concerning other matters.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 6 of the Convention. The Committee notes the text of Decree No. 993/91 on the National System of Administrative Profession (SINAPA) adopted in accordance with Act No. 22.140, of 10 January 1980, supplied by the Government in response to the Committee's previous request in connection with the application of this Article of the Convention.

Articles 20 and 21. The Committee notes the information provided by the Government in its report which indicates that the National Inspectorate has taken measures to obtain detailed data collected by the provinces through the Federal Council of Provincial Labour Administrations in order to publish an annual inspection report as of next year. The Committee hopes that such a report will be transmitted to the ILO within the time-limits set by Article 20 and that it will contain all the information required by Article 21.

The Committee is also addressing a request directly to the Government concerning other matters.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided concerning Article 3, paragraphs 1(b) and (c) and 2, of the Convention.

Article 2, paragraph 2. Please describe labour inspection arrangements in mining and transport undertakings.

Articles 10 and 16. Further to its previous comment, the Committee notes that from the statistics provided it appears that the number of inspectors has dropped considerably since the Government indicated in 1988 in its report on Convention No. 129 that there were 212 nationally plus others in the regions. It would be grateful if the Government would clarify by providing the information requested in the report form relating to these Articles.

Article 11, paragraphs 1(b) and 2. Further to its previous comment, the Committee notes the information provided. It would be grateful if the Government would provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirement in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions. Also, please provide copies of regulations authorising the arrangements made for transport facilities such as reimbursement to inspectors for the cost of transport.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 6 of the Convention. Further to its previous comments, the Committee refers to the observations of the Argentine Association of Labour Inspection concerning problems in guaranteeing the stability of employment of inspection staff. The Committee recalls that inspection staff should enjoy a status and conditions of service assuring stability of employment and independence of changes of government and improper external influences. It hopes the Government will give details of how these requirements are met in practice.

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection services has been received by the ILO since that for 1984, produced following a direct contacts mission. The Committee also notes that further technical cooperation has been provided by the ILO in relation to labour inspection. In its comments, the Committee has for years expressed its hope that certain reorganisations and legislative initiatives would remedy the difficulty posed by the conduct of some inspections by provincial authorities and make possible publication of the necessary annual report by the federal authorities. In the absence of the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee would be grateful if the Government would indicate the measures proposed in this regard.

A number of other comments have been made directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 3, paragraph 1(b) and (c), of the Convention. The Committee asks the Government to indicate the provisions of laws or regulations conferring on the labour inspection services the functions set out in these provisions of the Convention.

Article 3, paragraph 2. If labour inspectors are entrusted with duties other than those provided for in paragraph 1, please specify the nature of such duties and indicate the measures taken to ensure that they are performed in the conditions laid down by this provision of the Convention.

Article 6. With reference to its previous direct requests, the Committee regrets to note that the Government has not yet transmitted its comments on the observations presented by the Argentine Association of Labour Inspection in 1986 concerning stability of employment of inspection staff. The Committee trusts that the Government will not fail to provide relevant information to enable it to examine the matter at its next session.

Article 10. The Committee asks the Government to indicate the number of labour inspection staff and to provide information on the number of inspectors in each class, stating which inspectors have technical or special duties, and on the geographical distribution of the inspection services (unless this information is contained in the annual inspection report).

Article 11, paragraph 1(b) and (c). Please provide information on the transport facilities made available to inspectors and indicate the legislative or regulatory measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 20 and 21. In reply to the Committee's previous comments, the Government states that it will examine the possibility of centralising statistical data, which should enable information on all the points listed at Article 21 to be included in annual inspection reports. The Committee recalls that it attaches great importance to annual inspection reports and expresses the hope that all future reports will be published and transmitted to the ILO within the time-limits laid down by Article 20.

The Committee takes note of a communication from the Central Union of State Petroleum Workers (SUPE) complaining of the unhealthy working conditions at the State Petroleum Company's La Plata refinery, and of the Government's reply concerning the measures taken by the National Directorate for Health and Safety at Work to remedy the situation.

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