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

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Gender equality. According to the Government, despite the fact that there is a high participation level by women in the labour market, their presence decreases at higher levels of responsibility, including in those industrial sectors in which they are most numerous. The Committee notes the Bill on non-discrimination and effective equality between men and women in decision-making in enterprises. The Bill provides that there can be no more than 60 per cent of persons of the same sex in bodies engaged in administration, representation, internal supervision and company auditing. The Committee requests the Government to provide information on the progress made in the adoption of the Bill and the mechanisms envisaged to monitor its application in practice.

The Committee notes the information provided on the action carried out by the National Institute against Discrimination, Xenophobia and Racism (INADI). The Committee notes the programme “State consensus against gender discrimination and towards real equality between women and men”, implemented during the course of 2008, in the context of which an assessment was made on situations of discrimination against women through debates at the local, provincial and national levels. The Government indicates that it is hoped that an undertaking will be given in Government circles for the implementation of action through public policies in line with the outcome of the debates. The Committee requests the Government to provide information on the action and measures taken under the programme “State consensus against gender discrimination and towards real equality between women and men”, and on the plans, programmes and action undertaken by the INADI, the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO) and the National Women’s Council for the attainment of the objectives of the Convention.

Equality in access to employment. The Committee notes that, based on the complaints received by the INADI and consultations on discrimination at work, the Institute formulated General Recommendation No. 6 for the promotion of equality of treatment in access to employment without discrimination on grounds of age, physical appearance, social origin, nationality and disability. The Committee also notes that, based on the recommendations made, a Bill was prepared to combat discrimination in the supply of jobs. The Committee requests the Government to provide information on the legislative process relating to the Bill and on the effect given in practice to General Recommendation No. 6 of the INADI.

Promoting equality in the private sector. The Committee notes the data from the study undertaken by the INADI in the context of the “Discrimination Map”, which show that discriminatory conduct tends for the most part to be related to the workplace and that 62 per cent of the persons interviewed considered that enterprises in the country discriminate in relation to their workers. The Committee notes the programme “Gender Equality Model for Argentina” (MEGA 2009), the objective of which is to promote innovative tools for the management of diversity at the enterprise level. The programme, which is of a voluntary nature (when the report was prepared, 11 enterprises had been included), allows the identification of possible gender gaps and the application of measures to remedy existing inequalities. Moreover, it is administered by various actors in civil society, including chambers of employers and trade unions. The Committee also notes the various official days and meetings held to promote equality of opportunity in access to employment, equitable remuneration, personal development and participation in decision-making, including the days on wage parity for men and women organized with ILO support. The Committee also notes the programme “Raising awareness for inclusion” intended for small and medium-sized enterprises concerning non-discrimination in employment for persons with disabilities. The Committee requests the Government to continue providing information on the impact of the MEGA 2009 programme and on the action taken to promote non-discrimination on the various grounds set out in the Convention.

Public sector. In its previous comments, the Committee noted section 125 of the 2006 General Collective Labour Agreement for the Central Public Administration, which provides that the parties agree to eliminate any measure or practice which results in discriminatory treatment or inequality between workers based on various criteria. The Committee once again requests the Government to provide information on the application of this section in practice, including promotional activities, and on any complaints made and the action taken in response to such complaints.

Promoting of equality in trade union activities. Act on trade union quotas. The Committee notes the Government’s indication that, according to an investigation carried out by the Women’s Institute of the General Confederation of Labour (CGT) in 2008 concerning the effect given in practice to Act No. 25674, out of a total of 1,448 official trade union positions, only 80 are occupied by women. Of these, 61 are delegates or auditors; in 25 unions, no women hold representative office; in unions covering social services and education, the membership of women accounts for 53 per cent of total members; of a total of 26,304 positions on executive bodies, only 4,457 (16.9 per cent) are held by women and 21,847 (83.1 per cent) by men. Noting the low rate of participation by women on the executive bodies of trade unions, the Committee once again requests the Government to indicate:

(i)    the measures adopted by the Observatory for Compliance with the Act on trade union quotas with a view to ensuring that effect is given to the Act and its impact on the representation of women on the executive bodies of trade unions; and

(ii)   the manner in which the CTIO deals with complaints respecting failure to comply with the Act on trade union quotas and the measures adopted with a view to the elimination of the obstacles which limit the development of women trade union members and on the collaboration of employers’ and workers’ organizations in the implementation of these measures.

Sexual harassment. Noting that the Government has not provided information on the activities of the Advisory Office on Violence in the Workplace, including training and prevention activities and the action taken in response to complaints of sexual harassment, the Committee reiterates its request for such information.

Migrant workers. Noting that the Government has not provided information on the employment sectors and job categories from which migrant workers are excluded, nor on the manner in which it is ensured in practice that this exclusion does not involve or lead to discrimination on the basis of race, colour or national origin, the Committee reiterates its request for such information.

Internships. The Committee notes the indication in the Government’s report of the adoption of Act No. 26427 of 22 December 2008, establishing a new system of internships, which unifies the legal provisions governing internships, increases State control and prevents their fraudulent use. The Committee requests the Government to provide information on the supervisory mechanisms to prevent the fraudulent use of internships, and to ensure protection against discrimination.

Indigenous peoples. The Committee notes that, in its concluding observations of 29 March 2010, the United Nations Committee on the Elimination of Racial Discrimination expresses concern that indigenous peoples, in particular those living in Chaco Province, remain among the poorest and most marginalized groups, and about the persistence of prejudices and negative stereotypes, and that it recommends the Government to take the necessary steps to ensure effective protection against discrimination in various areas, particularly in employment and education (CERD/C/ARG/CO/19-20, paragraphs 29–30). The Committee notes that in its comments of 31 August 2009, the Confederation of Argentinean Workers (CTA) refers to the implementation of the policy planning framework with an ethnic perspective of the Ministries of Labour and of Health. The Committee observes that the Government has not provided any comments in this respect. The Committee requests the Government to provide information on the implementation in practice of the policy planning frameworks with an ethnic perspective, and in particular to supply information on the situation of indigenous peoples, compared with that of the non-indigenous population, in employment and occupation, as well as with regard to income.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the comments of the Confederation of Argentinean Workers (CTA) of 31 August 2009 referring to matters examined below.

Equality between men and women. The Committee notes the Government’s indication that, in February 2009, in the context of the Tripartite Committee on Equality of Opportunity and Treatment (CTIO), a framework agreement was drawn up on “Social dialogue for equality of treatment and opportunities for women and men in the working environment”, which establishes the priorities, among others, of eliminating gender inequality and promoting good practices. The Government adds that the CTIO has been established at the provincial level and that in 2007 the Coordination Unit for Gender Equality and Equality of Opportunity at Work (CEGIOT) was established within the Ministry of Labour and Social Security, with the mission of mainstreaming the gender perspective throughout the work of the Ministry, developing tools to monitor policies and organizing interaction with other government fields and institutions. The Government indicates that priority is given to evaluating policies and establishing monitoring indicators to raise the alert concerning possible situations of discrimination, for which purpose the Secretariat of Employment is proposing policies in light of their potential impact, taking into account the needs of individuals and social contexts. The Government also refers to 11 collective agreements which include equality of opportunity and non-discrimination clauses. The Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) of 30 July 2010 in which the CEDAW urges the Government to take measures to address pay gaps; encourage women to take up employment in non-traditional fields; enact legislation on sexual harassment in the public and private workplaces; and provide comprehensive protection to domestic workers. The CEDAW also encourages the Government to take measures in order to provide affordable and accessible childcare services to enable women to balance their work and family responsibilities (CEDAW/C/ARG/CO/6). The Committee hopes that in its next report the Government will provide information on the impact of the measures implemented and will report on the progress achieved in reducing existing gaps between men and women in relation to wages and career opportunities, as well as progress in terms of improving job opportunities for women, including in non-traditional fields.

Domestic workers. The Committee recalls that in its previous comments it requested the Government to provide information on the measures adopted to ensure that domestic workers are not discriminated against in employment and occupation, the legal provisions applicable to domestic workers and the number of domestic workers regularized under the Plan Patria Grande. The Committee also recalls that in previous comments it noted the CTA’s indications that 92.7 per cent of domestic workers are undocumented and that the legal regime applicable to them involves discriminatory treatment in the areas of working hours, the termination of the employment relationship, holidays and occupational risks. The Committee notes that in its present comment the CTA adds that the wages of these workers are below the minimum living wage, which places this group of workers in a situation of vulnerability. In this respect, the Committee notes the Government’s indication that, according to the Domestic Work Tribunal, 370,000 domestic workers have been registered, which implies that the percentage of undocumented domestic workers has now been reduced to 67.8 per cent. Furthermore, the Domestic Work Tribunal has taken on new functions, providing advice to domestic workers and employers and undertaking awareness-raising campaigns to promote a cultural change with a view to paid domestic work being considered within the framework of the employment relationship. The Committee requests the Government to provide information on the legislation applicable to domestic workers and on any measures adopted for the protection of such workers against acts of discrimination in employment, including through the documentation process, and the number of workers benefiting from such measures.

Undocumented workers. The Committee notes the CTA’s comments that, in the first quarter 2009, 36.4 per cent of employed persons were not registered, and do not therefore benefit from the protection of the social security system in such areas as retirement benefits and family allowances. The Committee notes in this respect the Government’s indication that the principal objective of the National Plan for Labour Regularization is the inclusion of all workers in the social security system through inspection and action to combat undeclared work, as well as dissemination and awareness-raising campaigns. According to the Government, since the beginning of the National Plan for Labour Regularization in 2003, it has been possible to reduce the rate of undocumented workers by 12.7 percentage points and, in January 2009, undocumented workers accounted for 25.32 per cent of the workforce. The Government also refers to new Act No. 26476 of December 2008 establishing procedures for the regularization of employment relations and the promotion and protection of registered employment. The Act offers incentives to employers, through reductions in social security contributions, for the regularization of workers. The Committee requests the Government to provide information on the impact in practice of this Act, the National Plan for Labour Regularization and the other measures adopted by the Government to encourage the regularization of undocumented workers with a view to reducing their vulnerability and improving their conditions of work.

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

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

National policy on gender equality. The Committee notes the activities carried out by the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO), the National Women’s Council and the National Institute against Discrimination, Xenophobia and Racism (INADI). The Committee notes the document entitled “Federal Women’s Programme” and in particular the coordination, organization and implementation of support projects for local initiatives. The Committee would be grateful if the Government would continue providing information on the activities of the INADI, the National Women’s Council and the CTIO relating to equality in employment and occupation. Furthermore, the Committee would be grateful if the Government would indicate the connection between the various bodies and the results expected and achieved, including the results of the implementation of the various plans and programmes.

Sexual harassment. The Committee notes with interest that on 5 January 2007, Decision No. 5 of the Ministry of Labour, Employment and Social Security was signed, creating the Advisory Office on Violence in the Workplace within the framework of the CTIO. This Decision includes sexual harassment in the definition of violence in the workplace. The functions of this Office include giving advice and dealing with complaints. It notes that if the complaints relate to the public sector, the matter is referred to the Committee on Equality of Opportunity and Treatment (CIOT) created by section 125 of the general collective labour agreement for the national public administration. The Committee requests the Government to continue providing information on the activities of the Advisory Office on Violence in the Workplace, including training and prevention activities and action taken in response to complaints of sexual harassment.

Communication of the General Confederation of Labour of the Republic of Argentina (CGTRA). In addition to the matters examined in its observation, the Committee notes that the communication also refers to difficulties encountered by women trade unionists with regard to training and capacity building. Often training programmes are only open to female participants if they are under 40 years of age, which hinders the participation of women in general, because those who are under 40 years of age are often unable to participate due to childcare commitments, while those who could participate are prevented from doing so because of their age. The Committee hopes that the Government will promote the removal of obstacles which limit the training of women trade unionists, as mentioned above, and that the Government will provide information on activities carried out in this regard, particularly in the context of the Tripartite Committee on Equality of Opportunity and Treatment between Men and Women in the World of Work (CTIO) and that it will also provide information on the collaboration of employers’ and workers’ organizations in this regards.

Communication of the Confederation of Argentinian Workers (CTA). In addition to the matters examined in its observation, the CTA indicates that, although progress has been made in recent years, such as the development of frameworks for political planning with an ethnic perspective in the Ministries of Labour and Health, these frameworks have not been put into practice. In general, members of indigenous peoples are in precarious and poorly paid employment, which reflects not only problems relating to education but also discrimination, a situation which is deteriorating due to the lack of an active policy to help these peoples regain control of their lands. In its reply, the Government refers to the efforts that are being made, such as Emergency Act No. 26.610 on community property and ownership, the Indigenous Participation Council and the Programme on strengthening the community and support for indigenous intercultural education. The Government indicates that these programmes establish grants for indigenous students in secondary education, support for indigenous students at the tertiary and university level and intercultural tutorials. The Committee would be grateful if the Government would provide information on any implementation in practice of the framework for political planning with an ethnic perspective of the Ministries of Labour and Health to which the CTA refers.

Migrant workers: Restrictions for certain categories of work. The CTA refers to various restrictions imposed on migrant workers, in particular their exclusion from certain jobs or categories of job. The Committee recalls that, from the protection against discrimination provided by the restrictions on employment of migrant workers which are unrelated to the inherent requirement of the job to be performed may result in de facto and indirect discrimination based on the grounds prohibited by the Convention and, in particular, race, colour or national extraction. The Committee requests the Government to indicate the employment sectors and job categories from which migrant workers are excluded and to provide information of the manner in which it ensures in practice that this exclusion does not involve or lead to discrimination on the basis of race, colour or national origin.

Internships. The CTA’s communication indicates that Act Nos 25.013 and 25.165 regulating the internship scheme and so-called “apprenticeship” contracts, have been converted in practice into instruments for precarious labour relations given that this legislation is used by the State and by major enterprises as a way of hiring young people for up to four years, thereby avoiding the labour legislation. The Committee notes that, in its reply, the Government provides a copy of the Bill of November 2007, which has already been submitted to the Chamber of Senators, which amends the legal internship scheme in order to provide more protection to the interns. The Committee would be grateful it the Government would continue providing information on this matter, particularly on whether this Bill has been adopted.

Communication of the Federation of Professional Employees of the Government of the Autonomous City of Buenos Aires. The Committee considers that the alleged situation raised is not covered by the Convention.

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

National Anti-Discrimination Plan. The Committee notes the information provided on the follow-up to the National Anti-Discrimination Plan coordinated by the National Institute against Discrimination, Xenophobia and Racism (INADI). It notes with interest the activities carried out by the INADI to promote non-discrimination in employment and occupation. For example, it has established links with various trade unions of the two trade union federations (General Confederation of Labour (CGT) and the Confederation of Argentinean Workers (CTA)) in order to strengthen the trade union representation of women and to devise joint strategies for combating the persistent discrimination at work; it has promoted the establishment of forums with the participation of trade unions and civil society and participates in the Tripartite Committee on Equality of Opportunity and Treatment in the World of Work (CTIO). Furthermore, it has developed a programme entitled “Real equality now! State consensus on combating discrimination against women”, and under the subprogramme entitled “Equality at work between men and women”, various activities and studies are being carried out with the participation of the ILO, including on the situation of women migrant workers. The INADI is also promoting a Code of Good Practice for equality between men and women at work. Furthermore, the INADI is developing activities to promote the integration of persons with disabilities into employment and is preparing a report on the monitoring of the application of the National Anti-discrimination Plan. The Committee would be grateful if the Government would provide extracts from the above report relating specifically to non-discrimination in employment and occupation, and provide information on the impact of the various measures adopted and on the collaboration with employers and workers to implement these measures.

Public sector. The Committee notes with interest that section 125 of the 2006 General Collective Labour Agreement for the Central Public Administration provides that the parties agree to eliminate any measure or practice which produces discriminatory treatment or inequality between workers based on political opinion, trade union membership, sex, sexual orientation or preference, marital status, age, nationality, race, ethnic group, religion, disability, physical characteristics, AIDS, or any other action, omission, segregration, preference or exclusion which damages or contradicts the principle of non-discrimination and equality of opportunity and of treatment, both in access to employment and during an employment relationship. Please provide information on the application of this section in practice, both on promotional activities and on any complaints made and the action taken in response to such complaints.

Communication of the General Confederation of Labour of the Republic of Argentina (CGTRA). The Secretariat for Equality of Opportunity and Gender of the CGTRA indicates that the official line is one of strong support for equality but that difficulties are encountered in ensuring the application of the principle of gender equality in practice, and that in the trade union sphere there has still not been any clear progress. It points out that the Executive Board of the CGTRA is composed of 23 persons, of whom five are women and 18 are men. It indicates that the CTIO, a body under the Ministry of Labor, is a key body for the achievement of equality of opportunity in the public sector, but that it has not yet developed the capacity to respond effectively. It points out that difficulties are encountered with regard to the application of Act No. 25.674 on a quota in trade unions and that the Secretariat for Equality of Opportunity and Gender of the CGTRA has submitted numerous complaints to the CTIO of repeated violations of the Act, but measures to ensure its effective application have not yet been taken.

The Government reiterates that, according to the Act on a quota in trade unions, every collective bargaining unit shall be composed of a number of women representatives that is proportional to the number of women workers in the branch or activity concerned. It indicates that differences are observed in the representation of women according to the level of trade union association: in trade unions, the percentage is 22 per cent, in confederations it is 17 per cent and in federations it is 13 per cent. Between 2004 and 2006 the participation of women increased overall by 6 per cent. The Committee requests the Government to continue its efforts to strengthen the action in the CTIO and to ensure the effective application of the Act on a quota for trade unions, and to provide information in this regard, including on the representation of women on trade union executive bodies and on the action taken by the CTIO in response to complaints of violations of the Act on a quota for trade unions.

Communication of the Confederation of Argentinean Workers (CTA). The Committee notes the comments made by the CTA, received on 12 September 2007, and the Government’s reply, received on 21 July 2008. The communication refers to domestic workers, undeclared work, migrant workers, interns and members of indigenous peoples.

Domestic workers, migrant workers and declared work. In its communication, the CTA indicates that 92.7 per cent of domestic workers are undocumented and that if they are documented, the law treats them in a less favourable manner than other workers. The Government indicates that women domestic workers are among the most vulnerable groups and that in 2005, the Government implemented new measures to promote the registration of domestic workers. It also indicates that the large majority of women domestic workers come from neighbouring countries, as a result of which it has implemented the Patria Grande Plan, complementing the Migration Act No. 25.871, National Directorate of Migration provision No. 53.253/05 intended to facilitate their regularization. This Plan was welcomed by the other MERCOSUR countries and partner States at the XVI Ibero-American Summit of November 2006. Under this Plan, 227,339 migrants have been regularized. Furthermore, the Government indicates that although the statutory schemes for domestic employees are different from those for other employees, section 21 of Act No. 25.239 establishes a special compulsory social security scheme for domestic workers under which the contributions are payable by the employer. Taking into account that the majority of domestic workers, both national and foreign, are women, the Committee points out that in many countries, domestic work is generally undervalued and poorly paid due to gender stereotypes. The Committee recalls that, under the Convention, all workers, including domestic workers, should enjoy equality of opportunity and of treatment in all aspects of employment and not just with regard to social security. The vulnerability and lack of recognition within society of domestic workers places these workers at particular risk of suffering discriminatory practices, in particular on the basis of sex, race, colour and national extraction. It is therefore necessary to adopt legal and practical measures which ensure effective protection against discrimination on the grounds listed in the Convention. The Committee hopes that the National Anti-Discrimination Plan will pay special attention to the employment situation of domestic workers. The Committee requests the Government to provide information on all measures adopted or envisaged, including by the INADI, to ensure that domestic workers are not discriminated against in employment and occupation. It also requests detailed information on the legal provisions applicable to domestic workers, both national and foreign. Please also indicate the number of domestic workers that have been regularized under the Patria Grande Plan.

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

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

1. The Committee notes that the Federation of Professional Employees of the Government of the Autonomous City of Buenos Aires sent a communication on 4 June 2007 and that the Office requested further information from the union on the relation between the contents of the communication and the grounds of discrimination prohibited by the Convention. The Committee notes that the union sent its reply on 2 October 2007. The Committee will examine these communications in detail at its next session, together with any comments that the Government may consider it appropriate to make, as well as the Government’s report which, due to its late arrival, could not be examined at this session.

2. The Committee notes a communication from the General Confederation of Labour of the Republic of Argentina (CGTRA), dated 4 September 2007. The Committee will examine the communication in detail at its next session, together with any comments that the Government may consider it appropriate to make. The Committee welcomes the fact that, according to the communication, the Secretariat for Equality of Opportunity and Gender of the CGTRA has developed and is implementing a programme to promote equality of opportunity within trade union organizations in Argentina, as well as at the workplace, through improving women’s capacity and trade union participation so as to achieve equality in the field of labour. The Committee hopes that, when making its comments on this communication, the Government will in particular provide information on the effect given to the Act on a quota for trade union members (regarding the participation of women) and on the measures adopted in this respect by the Tripartite Commission on Equality of Opportunity and Treatment between Men And Women in the World of Work (CTIO).

3. The Committee notes that on 12 September 2007 a communication was received from the Confederation of Argentinian Workers, which will be examined together with the comments that the Government may deem it appropriate to make.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. National policy on gender equality. The Committee notes that, pursuant to Decree No. 254 of 1998 promoting the Plan for equality between men and women in the world of work, the “Tripartite Commission on Equality of Treatment and Opportunity between Men and Women in the World of Work” (CTIO) was formally established on 15 March 2005. The Committee notes that the 2005 action plan is based on two main elements: the first is the launching of a programme entitled “For equality, against discrimination” and the second is the strengthening of social dialogue. Within this framework, numerous activities are carried out, including seminars at local and provincial level, such as that entitled “Assessment of the support programme for training and intermediation activities for women’s work in the city, the suburbs and province of Buenos Aires”, seminars at national level such as the “Workshop on the female quota and trade union democracy” organized by the CTIO in conjunction with the Institute for Women of the General Labour Confederation, and the seminar “Work for women, outlook and concrete action” organized by the CTIO. There are also seminars, meetings and workshops held at the international level, such as specialized meetings on women, within the framework of MERCOSUR. The Committee would be grateful if the Government would continue providing information on the national policy on gender equality in employment and occupation, on the activities of the CTIO and on the impact of such measures in practice. In reference to its observation, the Committee requests the Government to inform it of any future activities undertaken by the CTIO to articulate its proposals within the framework of the National Anti-Discrimination Plan.

2. The Committee notes the manual and good-practice guide entitled “Women, equity and work”. It notes that in 2004, the National Women’s Council implemented a training scheme aimed at all provincial departments responsible for the issue of “women”, which involved regional, provincial and local workshops. The National Women’s Council encourages provincial and local governments to include the issue of women in all their advisory councils. The Committee would be grateful if the Government would continue providing information on any developments in this area and on other activities undertaken by the National Women’s Council to ensure equality between men and women in employment and occupation, including details on the impact of such activities in practice.

3. The Committee notes the comprehensive statistical information provided by the Government in its report, the report of the National Institute of Statistics and Census (INDEC) and the “Analysis of the work situation of women, fourth quarter 2004” prepared by the General Directorate of Employment Study and Policies. The Committee notes that during the period covered by the report, women played a very dynamic role, with their participation in the labour market increasing by approximately ten percentage points. The increased participation of women in the labour market since 1990 is a result of changes in the sectoral structure of employment, the implementation since 2002 of the Unemployed Men and Women Heads of Household Plan, which benefits women in 67 per cent of cases, and the increase in the level of education received by women. The report notes with concern that the rate of unregistered female wage earners stands at
58.8 per cent compared to 47.8 per cent of male wage earners and that in 2004 there was a slight reduction of these situations. The Committee would be grateful if the Government would continue providing information so that it can assess the impact of the measures that are being taken to improve the situation of women in the labour market.

4. Labour inspection. The Committee notes that although no progress has been made with regard to the signing of an additional protocol between the national Women’s Council and the Labour Inspectorate, women represent
34.58 per cent of all labour inspectors and the incorporation of a specific module on gender is currently being studied. The Government is requested to continue providing information in this regard.

5. Violence in the workplace and sexual harassment. The Committee notes the comprehensive information provided by the Government in its report, on various laws, adopted in different provinces, which set out to prevent and penalize workplace violence in general and sexual harassment in particular, including the following: Act No. 1255 of the autonomous city of Buenos Aires of 4 December 2003; Act No. 4148 of the province of Misiones of 31 May 2005; Act No. 12434 of the province of Santa Fé of 1 August 2005; Act No. 7232 of the province of Tucumán of 23 September 2002; and Act No. 13168 of the province of Buenos Aires of 27 January 2004. The Committee also notes the summary of the bills presented in the last two years at national level. The Committee asks the Government to keep it informed of the adoption and implementation of new laws, both at national and provincial level, aimed at defining, preventing and penalizing sexual harassment. It also requests the Government to communicate whether any complaints were lodged or penalties imposed in application of these laws, such as penalties imposed by virtue of section 7 of the abovementioned Act No. 1255.

6. Indigenous peoples. The Committee notes that the National Institute against Discrimination, Xenophobia and Racism (INADI) works to promote the protection of the rights of indigenous peoples. With regard to the development of the “National Anti-Discrimination Plan” referred to in its observation, the Committee notes with interest that INADI has proposed a set of measures to eliminate discrimination against indigenous peoples and that these include: (1) the creation of a wide-ranging committee to amend national, provincial and municipal legislation with a view to incorporating the rights of indigenous peoples as set forth in the National Constitution (article 75, section 17) and the ILO Indigenous and Tribal Peoples Convention, 1989 (No. 169); (2) the development of a programme aimed at facilitating indigenous peoples’ access to the justice system, which includes training for judges and prosecutors and the recognition of indigenous customary law; and (3) the creation of a specific organ within INADI responsible for preventing and penalizing any discriminatory labour and/or legal practices (lower wages, entrance quotas, unfounded penalties) against these groups. The Committee requests the Government to provide information on the progress made in meeting these objectives and on the measures adopted and their impact in practice.

7. With regard to the issue addressed in point 5 of the Committee’s previous direct request in which it asked the Government to take measures in respect of the internships involving students at Telefónica Argentina, the Committee notes that this matter was resolved directly with the Federation of Telephone Workers and Employees of the Argentine Republic (FOETRA) Buenos Aires, and that the workers referred to were hired as permanent staff.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes with interest that Decree No. 1086 of 7 September 2005, published as a supplement in the first section of Official Bulletin No. 30747 of 27 September 2005, approved the document entitled “Towards a National Anti-Discrimination Plan – Discrimination in Argentina. Analysis and Proposals”. According to section 1 of the Decree, this document lays down the strategic outline of the National Anti-Discrimination Plan. The Committee also notes that section 2 entrusts the National Institute against Discrimination, Xenophobia and Racism (INADI) with the task of coordinating the implementation of the proposals set forth in the document. The Committee notes that the document in question contains an analysis of discrimination based on the criteria in the Convention.

2. The Committee requests the Government to ensure, when preparing the definitive version of the National Anti-Discrimination Plan, that it includes policies on equal opportunity and treatment in employment and occupation, with a view to eliminating any discrimination in this regard. The Committee would also be grateful if the Government would provide information on how employers’ and workers’ organizations have cooperated in the preparation and implementation of these policies, in particular through the Tripartite Commission on Equality of Treatment and Opportunity between Men and Women in the World of Work (CTIO), formally established on 15 March 2005. The Committee also asks the Government to inform it of the progress made in respect of the adoption of the National Anti-Discrimination Plan.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report, the attached annexes and the statistical data. The Committee requests the Government to provide information on the following matters.

1. In its previous comments, the Committee noted that, in view of the concern at the high level of sexual harassment encountered in Argentina and its effect on labour relations, a Bill had been submitted to Congress to protect victims of such practices and provide them with direct procedures to require harassers to cease such conduct. With reference to its general observation of 2002, the Committee notes the information provided by the Government in its last report that there exists legislation at the national and provincial levels addressing this issue, the texts of which were provided. It also notes the court ruling on sexual harassment provided by the Government with its report. The Committee requests the Government to continue providing information on new legislation and the enforcement of law at both the national and provincial levels which define and penalize sexual harassment.

2. The Committee notes the information produced by the National Statistics and Census Institute (INDEC) for 2002 indicating a slight increase in the employment rate of women (36.3 per cent) in comparison with the previous year (34.5 per cent), while the increase in the employment rate of men was slightly lower. With regard to the unemployment rate, the Committee notes that there was a slight reduction in the rate for men (17.8 per cent), while the unemployment rate of women rose (18.2 per cent). According to the information supplied by the INDEC, the unemployment levels of women increased in households in the lowest income brackets. There is also a higher percentage of unemployed women with a middle level of education, and this rate is only achieved by men with no skills or a very low level of skills. The Committee notes that in occupations which require vocational qualifications, women are under-represented in relation to men, for example in the commercial sector (1 and 34.7 per cent, respectively) and the manufacturing sector (3.8 and 11.6 per cent, respectively). The Committee also notes that a higher percentage of men than of women workers have access to the pension system. The Committee requests the Government to continue providing statistical information so that it can assess the impact of the measures that are being adopted to improve the situation of women on the labour market.

3. The Committee notes the report submitted by the National Women’s Council (CNM) indicating that a framework agreement was signed with the Ministry of Labour and Social Security in March 2002 to promote equality of opportunity between men and women in relation to employment. An additional protocol has also been signed to the framework agreement relating to the Heads of Households Programme to increase the representation of women on provincial advisory councils and in the federal capital, and to promote the vocational training of women. The Committee also notes the preparation and publication of a manual and good practice guide entitled "Women, equity and work", principally with a view to improving the situation of women heads of households. The Committee would be grateful if the Government would, if possible, provide a copy of these publications to the Office. The Committee hopes that the Government will provide information in its next report on the impact of these agreements in improving the situation of women on the labour market and promoting their access to non-traditional occupations and training resources.

4. The Committee notes the statistics provided by the Government concerning the complaints made to the National Institute against Discrimination, Xenophobia and Racism (INADI) during the course of 2002. The Committee notes that the number of complaints fell from 394 during the previous period to 185 in 2002. The Committee observes that most of the complaints are related to discrimination in employment in relation to political or ideological issues; illness - generally workers with HIV/AIDS; and also on grounds of gender, principally in relation to maternity. The Committee requests the Government to provide information on administrative or court decisions, the sanctions imposed and the compensation awarded for such discriminatory treatment.

5. The Committee referred in its previous comment to the communication sent by the Internal Union Commission for Telefónica Argentina on 1 June 2001, according to which women students engaged for trial periods in Telefónica Argentina do not enjoy the same rights to maternity leave as other women workers covered by other types of employment contract. The Committee, taking into consideration the fact that trial periods are carried out for 30 hours a week and for a period of up to four years, and recognizing the importance of maternity protection provisions and their essential relation to the promotion of the principle of equality of opportunity in employment and occupation, which includes access to vocational training facilities, requests the Government, in so far as possible, to take measures to accord some of these rights to women engaged for trial periods so as to grant them, in conditions of equality of opportunity and treatment with men, the possibility to benefit from this work experience.

6. The Committee notes that the Government’s report does not reply to some matters on which it commented in its previous direct request. The Committee therefore repeats its previous request on in relevant parts and once again requests the Government to provide information on the following points:

3. It also notes the Bill for the inclusion into Act No. 23.551 respecting trade union associations of a minimum threshold (set at 30 per cent) of women’s participation in trade union office and/or representation and asks to be kept informed of the adoption of the Bill.

4. The Committee notes the report issued by the National Women’s Council (CNM) indicating that the Plan for Equality of Opportunity between Men and Women in the World of Work, approved by Presidential Decree No. 254/98 of 9 March 1998, was not successfully integrated at the institutional level, with the result that its implementation was of a low level and only a few individual measures were taken. The Committee requests the Government to continue providing information on the activities undertaken within the framework of the above Plan.

6. The Committee also asks to be kept informed of developments regarding the Draft Additional Protocol to be concluded between the CNM and the Directorate of the Labour Inspectorate with a view to implementing a programme of training with a gender perspective for labour inspectors.

8. With reference to its previous comments, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.112 of 27 April 2001) in which it notes with concern that the territories on which indigenous peoples have settled coincide with the areas of the highest index of unmet needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis, and also that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination. The Committee requests the Government to supply information on the measures that are being adopted to pursue, in respect of indigenous populations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with satisfaction the reply provided by the Government in its report indicating the adoption on 15 September 1999 of the Framework Act regulating public employment (Act No. 25164), which, by virtue of section 4 repeals sections 8(g) and 33(g) of Act No. 22140 which had been considered contrary to the Convention. These provisions prohibited access to the national public administration and required the dismissal of officials who belonged to or had belonged to groups advocating the denial of the principles of the Constitution, or who adhered personally to a doctrine of this nature.

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

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

The Committee notes the information provided by the Government in its report and the attached annexes and statistical data.

1. The Committee notes the communication sent by the Internal Union Commission for Telefonica Argentina on 1 June 2001, describing the working conditions of students engaged for trial periods in Telefonica Argentina, particularly as regards pregnant workers who do not enjoy the same rights to maternity leave as other women workers covered by other types of employment contracts. Noting that the Government has not provided any information in reply to the above communication, it refers to its comments under Convention No. 3 respecting maternity protection.

2. The Committee notes that in view of the concern at the high level of sexual harassment encountered in Argentina and its effect on labour relations, a Bill has been submitted to Congress which is designed to protect victims of such practices and provide them with direct procedures to require harassers to cease such conduct. The Committee requests the Government to keep it informed of the progress made in the adoption of the Bill. It also requests the Government to refer to its general observation on sexual harassment.

3. It also notes the Bill for the inclusion into Act No. 23.551 respecting trade union associations of a minimum threshold (set at 30 per cent) of women’s participation in trade union offices and/or representation and asks to be kept informed of the adoption of the Bill.

4. The Committee notes the report issued by the National Women’s Council (CNM) indicating that the Plan for Equality of Opportunity between Men and Women in the World of Work, approved by Presidential Decree No. 254/98 of 9 March 1998, was not successfully integrated at the institutional level, with the result that its implementation was of a low level and only a few individual measures were undertaken. The Committee requests the Government to continue providing information on the activities undertaken within the framework of the above Plan.

5. The Committee notes the information concerning the types of action undertaken by the CNM with regard to the integration of women in the labour market. It notes the CNM’s statement that over the past decade women have increased their labour market participation by 41 per cent. According to the statistics provided, some 28.2 per cent of women were employed in 1999, compared with 25.6 per cent in 1990. The data received with the report for the unemployment rate are from 1999, showing that unemployment was 14.9 per cent for women and 12.9 per cent for men. The Committee also notes the statistics compiled by the National Statistical and Census Institute (INDEC) indicating that the educational situation of women has improved over recent decades, but that nevertheless 70 per cent of employed women have not completed secondary education and that only 6.6 per cent have completed higher education. It also notes the statistics on the distribution of students by subject at universities, which show the low level of women studying engineering subjects. With regard to the distribution of the population by branch, the data show that women are basically concentrated in education, social and health services and domestic work. The Committee requests the Government to provide more up-to-date statistics, where possible, to enable it to assess the impact of the measures that are being adopted to improve the situation of women on the labour market and to provide practical information on the measures that it envisaged adopting to promote the access of women to non-traditional occupations.

6. The Committee also asks to be kept informed of developments regarding the Draft Additional Protocol to be concluded between the CNM and the Directorate of the Labour Inspectorate with a view to implementing a programme of training with a gender perspective for labour inspectors.

7. The Committee notes the statistical data provided by the Government concerning complaints made to the National Institute against Discrimination, Xenophobia and Racism (INADI) during the period between August 2000 and August 2001. It notes that of the 394 complaints submitted, 37.05 per cent concerned discrimination in the workplace, of which 41.09 per cent concerned cases related to political decisions, 17.2 per cent to acts of discrimination related to sickness suffered by workers (more than half of which were related to HIV/AIDS), 11.6 per cent concerned nationality, 10.95 per cent concerned discrimination on grounds of gender, 9.58 per cent directly related to pregnancy (93 per cent of which concerned cases in which women had been dismissed for that reason) and 9.58 per cent the age of the worker. The Committee requests the Government to provide information on the solutions found, the penalties imposed and the compensation provided to victims of the above discriminatory treatment.

8. With reference to its previous comments, the Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (CERD/C/304/Add.112 of 27 April 2001) in which it notes with concern that the territories on which indigenous peoples have settled coincide with the areas of the highest index of unmet needs, and that the poverty and unemployment indices among indigenous populations and other vulnerable groups have risen as a result of the economic crisis, and also that INADI is experiencing difficulties in covering the entire national territory with regard to receiving and handling complaints of racial discrimination. The Committee requests the Government to supply information on the measures that are being adopted to pursue, in respect of indigenous populations, a national policy designed to promote equality of opportunity and treatment in respect of employment and occupation.

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

With reference to its previous comments, the Committee recalls that in Decree No. 57 of 27 January 1999, the Executive included on the agenda submitted for consideration by the Congress the Framework Bill regulating public employment, explicitly proposing the repeal of sections (8)(g) and (33)(g) of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, which prohibits access to the national public administration and requires the dismissal of officials who belong or have belonged to groups advocating the denial of the principles of the Constitution, or who adhere personally to a doctrine of this nature. The Committee had noted in previous comments an earlier Bill to repeal these provisions, which was not adopted. The Committee once again hopes that the provisions in question will be repealed and requests the Government to keep it informed of the progress achieved in the National Congress with regard to the Framework Bill regulating public employment.

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

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

1. The Committee notes with interest Decree No. 254/98 of 9 March 1998, approving the plan for equality of opportunity between men and women in the world of work, and it requests the Government to provide information on the application of the plan, including information on its development, on vocational training and statistics on levels of education and illiteracy, disaggregated by sex. Taking into account the regional diversity within the country, the Committee would be grateful for the information to be classified by province, both with regard to the projects being undertaken, the progress achieved and the difficulties encountered, and in relation to the manner in which the plan will be implemented at the provincial level, with an indication for example of whether provincial offices have been entrusted with its implementation, and their competence. The Committee notes that paragraph 1.4.3 of the plan establishes the objective of introducing provisions penalizing sexual harassment in employment in the private sector and it requests the Government to keep it informed of the progress made in achieving this objective.

2. With a view to gaining a better understanding of any problems arising in the application of the Convention in Argentina, the Committee requests information on the activities of the National Institute against Discrimination (INADI), including the number of complaints received, their content and the manner in which they are resolved.

3. The Committee notes the concluding observations of the Committee on the Elimination of Racial Discrimination (Argentina, 18/09/97, CERD/C/304/Add.39), and observes that the above Committee noted the existence of discrimination suffered by the members of indigenous populations with regard to access to vocational training and employment in the various occupations, as well as in their terms and conditions of employment. The Committee of Experts therefore requests the Government to provide information on the manner in which a national policy has been declared and pursued, in relation to indigenous peoples, under the terms of Article 2 of the Convention, to promote equality of opportunity and treatment in respect of employment and occupation. With regard to the development of policies and action programmes for the effective abolition of discriminatory practices, the Committee recalls paragraphs 278 to 289 of its Special Survey on equality in employment and occupation, 1996.

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

1. The Committee notes with interest the information provided by the Government in response to its previous comments. According to this information, the Executive has included on the agenda of the National Congress (by Decree No. 57 of 27 January 1999) a Framework Bill respecting the public service which explicitly provides for the repeal of sections 8(g) and 33(g) of Act No. 22140 of 1980, respecting the basic terms and conditions of employment in the public service, which prohibits access to the national public administration and requires the dismissal from their jobs of officials who belong or have belonged to groups advocating the denial of the principles of the Constitution, or who adhere personally to a doctrine of this nature. The Committee had noted in its previous comments a previous Bill to repeal these provisions, which was not finally adopted. It once again expresses the hope that the provisions in question will be repealed and requests the Government to keep it informed of the progress achieved in the amendment by the National Congress of the Act respecting the basic terms and conditions of employment in the public service.

2. The Committee notes with interest Decree No. 66/99 of 29 January 1999, approving the collective labour agreement for the national public administration, which will be in force until 31 December 2000 and does not retain the provisions 8(g) and 33(g) of Act No. 22140, which had been the subject of the Committee's previous comments. The Committee also welcomes the fact that, under section 129 of this collective agreement, the parties agree to eliminate any measure or practice which might result in discriminatory treatment or inequality between workers on the grounds of sex, nationality, race, religion, politics, trade union membership or any other criterion.

3. The Committee is raising other points in a request which it is addressing directly to the Government.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

In its previous comments, the Committee noted that it had not received any recent information on possible reform of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, and particularly the need to repeal explicitly sections 8(g) and 33(g) (which provide that entry into the national public administration may be refused and public servants may be dismissed for belonging or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this nature). The Committee notes with interest the information supplied by the Government to the effect that in March 1997 the National Executive sent to the National Congress a Bill on employment in the public administration designed to replace Act No. 22140 and which excludes the provisions criticized by the Committee, namely sections 8(g) and 33(g). The Committee requests the Government to keep it informed of the progress in the National Congress of the Bill on employment in the public administration.

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

1. The Committee notes the communication from the Coordinating Executive Committee of Workers of Salto Grande, in which it alleges violations of the Convention by the Government sitting on the Technical Mixed Commission (a binational body established for the common use and exploitation of the Uruguay River in the Salto Grande region). The alleged discrimination is based on the fact that Argentina has not ratified the Protection Wages Convention, 1949 (No. 95), which apparently results in discrimination against Argentinean workers in comparison with Uruguayan workers, since Uruguay has ratified Convention No. 95. It also notes the Government's reply, to which are attached the comments of the Technical Mixed Commission, which demonstrate that this body is an inter-state body of an international character that is outside the administrative structure of the two countries which established it. In this respect, after a close analysis of the facts, the Committee does not find the allegations consistent with the obligations incumbent upon a State that has ratified Convention No. 111 because they do not specify discrimination on any of the seven grounds covered by the Convention. It also recalls that it is the sovereign right of a State to decide whether or not to ratify an international Convention, and that this cannot be considered an act of discrimination in relation to the present Convention.

2. With reference to its previous comments, the Committee recalls that Congress was examining a possible reform of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service, and particularly the need to repeal explicitly sections 8(g) and 33(g) (which provide that entry into the national public administration may be refused and public servants can be dismissed for belonging or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this nature). Noting that it has no recent information on this, the Committee trusts that the Government will keep it informed on this matter in its next report.

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

The Committee notes with interest the new Constitution of Argentina, and particularly Chapter II, article 37, which guarantees real equality of opportunity for men and women in respect of access to elected and political office, and Chapter IV, article 75(23), which refers to the adoption of legislation and the promotion of positive measures to guarantee real equality of treatment for women. With reference to these provisions, and taking into account the special measures mentioned by the Government in this regard in United Nations document CEDAW/C/ARG/2 dated 21 September 1992, the Committee requests the Government to supply information on the measures which have been taken or are envisaged for the effective promotion of the principles set out in the Convention without distinction on the basis of sex in respect of: (a) access to vocational training; (b) access to employment and particular occupations; and (c) terms and conditions of employment.

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

With reference to its previous comments on the elimination of discrimination in public employment on the basis of political opinion, the Committee notes the Government's statement that the situation has not changed in respect of Act No. 22140 of 1980 respecting the basic terms and conditions of employment in the public service. Nevertheless, it notes that its comments on the need for sections 8(g) and 33(g) of the Act, providing that entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind, to be explicitly repealed so as to avoid all uncertainties, particularly since these provisions are not now applied in practice, have been transmitted to the competent official body (Secretariat of the Public Service). The Committee requests the Government to inform it in its next report as to whether these provisions have been repealed.

In this context, the Committee notes with interest the enactment of the new Constitution of 22 August 1994 which, in Chapter IV, article 75(22), gives legal preference to international treaties and agreements over national laws. It would be grateful if the Government would indicate the effect that this constitutional provision has had in relation to the Convention, particularly with reference to the elimination of discrimination in employment on the basis of political opinion.

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

The Committee notes with interest that Act No. 22140 of 1980 regarding the basic terms and conditions of employment in the public service is presently before Congress with a view to its possible reform. It trusts that its comments on the need for the explicit repeal of sections 8(g) and 33(g) of the Act providing that entry into the national public administration may be refused, and public servants can be dismissed, for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind, will be taken into account. The Committee requests the Government to keep it informed of any further developments in this regard, and to provide a copy of the legislation when it has been adopted.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee referred to the provisions of sections 8(g) and 33(g) of the Public Service Act No. 22140 of 1980, providing that entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes the Government's indication that there still has been no change with regard to the provisions of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service.

The Committee once again expresses the hope that sections 8(g) and 33(g) of Act No. 22140 will be explicitly repealed so as to avoid all uncertainties and trusts that the Government will do its utmost to ensure that the adoption of the necessary measures is delayed no further.

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

1. The Committee notes that the Government's last report does not reply to the questions raised by the Committee in its previous comments.

2. The Committee once again expresses the hope that the next report will contain full information on the questions raised in its previous direct request, which read as follows:

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention, and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

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

In earlier comments, the Committee has referred to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged, to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes the Government's statement that so far there has been no change and that the situation regarding Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service is the same.

The Committee recalls that in its last report, the Government stated that the above sections of the Act were to be considered as having been tacitly repealed by virtue of the adoption of Act No. 32592 of 3 August 1988 concerning discrimination, and that the Public Administration Secretariat was in the process of conducting an analytical study of Act No. 22140 with a view to preparing a new law on the public service.

The Committee again expresses the hope that, to avoid all uncertainty, sections 8(g) and 33(g) of Act No. 22140 will be explicitly repealed and trusts that the Government will do its utmost to ensure that the adoption of the necessary measures is delayed no further.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee takes note with satisfaction of Act No. 32592 of 3 August 1988 concerning discrimination, establishing sanctions for discriminatory acts or omissions on grounds such as race, religion, nationality, ideology, political opinion or trade union leanings, sex, economic or social status, or physical characteristics. 2. In earlier comments, the Committee has been referring to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind. The Committee notes with interest that, according to the Government's report, the sections of Act No. 22140 which have been the subject of past comments are to be considered as having been tacitly repealed by virtue of the adoption of the Act concerning discrimination. The Government also indicates that the Public Education Secretariat is in the process of conducting an analytical study of the regime approved by Act No. 22140. The Committee hopes that, to avoid all uncertainty as to the application of sections 8(g) and 33(g) of Act No. 22140, these sections will be explicitly repealed and that the Government will provide information on the measures taken to this end.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

In its previous direct request, the Committee referred to section 173 of the Contracts of Employment Act which prohibits night work for women, except in work of a non-industrial nature that is preferably to be performed by women. The Committee also noted that the services preferably to be performed by women include domestic service (Legislative Decree No. 326/56), day-and-night time ancillary staff in hospital establishments (Decree No. 11370/37), maids, linen mistresses and cloakroom attendants in hotels (Decree No. 91395/36), and air hostesses (Decree No. 24145/47).

The Committee takes note of the information supplied by the Government in its report, to the effect that the above-mentioned provisions do not make it compulsory for the employer to give preference to women over men and that such preference is a matter of prevailing custom, accepted morality and place.

The Committee wishes to refer to paragraphs 38 and following of its General Survey of 1988 on equality in employment and occupation, concerning types of discrimination based on sex, in which reference is made to occupational segregation according to sex, which leads to a heavy concentration of women in certain occupations and which is, to a large extent, the product of archaic and stereotyped concepts with regard to the respective roles of men and women. Such archaic and stereotyped concepts, which differ according to country, culture and customs, are at the origin of types of discrimination based on sex and all lead to impairment of equality of opportunity and treatment.

The Committee also pointed out (paragraph 118) that measures to put an end to the segregation of jobs and to deal with the problem of the supposedly female occupations are steps towards the implementation of Convention No. 111.

The Committee observes that the above provisions refer to certain activities preferably to be performed by women, thereby legally opening the way to a concentration of women in such activities and leading to the undervaluation of these jobs.

The Committee requests the Government to examine the provisions referred to in the light of the Convention and to indicate the measures taken or contemplated to ensure that in so far as the principle of equality of opportunity and treatment in employment and occupation has to be reconciled with the prohibition of night work, existing regulations, in accordance with Article 5 of the Convention, are consistent with the provisions concerning protection in the same Convention and in other instruments, or with the recognised need to protect the persons concerned and do not depend, according to the economic sector in question, on criteria other than those provided for in the Convention, such as prevailing custom.

The Committee also requests the Government to indicate whether there are other jobs, in addition to those mentioned above, for which by law or in practice it is considered preferable that they be performed by women.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee takes note with satisfaction of Act No. 32592 of 3 August 1988 concerning discrimination, establishing sanctions for discriminatory acts or omissions on grounds such as race, religion, nationality, ideology, political opinion or trade union leanings, sex, economic or social status, or physical characteristics.

2. In earlier comments, the Committee has been referring to the provisions of sections 8(g) and 33(g) of Act No. 22140 of 1980 concerning the basic terms and conditions of employment in the public service, under which entry into the national public administration can be refused and public servants can be dismissed for belonging, or having belonged to groups advocating the denial of the principles of the Constitution or for adhering personally to a doctrine of this kind.

The Committee notes with interest that, according to the Government's report, the sections of Act No. 22140 which have been the subject of past comments are to be considered as having been tacitly repealed by virtue of the adoption of the Act concerning discrimination. The Government also indicates that the Public Education Secretariat is in the process of conducting an analytical study of the regime approved by Act No. 22140.

The Committee hopes that, to avoid all uncertainty as to the application of sections 8(g) and 33(g) of Act No. 22140, these sections will be explicitly repealed and that the Government will provide information on the measures taken to this end.