Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Convenio sobre la protección del salario, 1949 (núm. 95) - Argentina (Ratificación : 1956)

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Observación

Solicitud directa

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The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA) and the Confederation of Workers of Argentina (CTA Workers), received in 2016.

Article 1 of the Convention. Components of remuneration. In its previous comments, the Committee noted the repeal of section 103 bis(b) and (c) of Act No. 20.744 on labour contracts (LCT), which defined food vouchers and food baskets as “non-remunerative” social benefits, and requested the Government to provide information on the ongoing legislative process of recognizing that the “non-remunerative” allowances provided for in section 103 bis of the LCT form part of wages. The Committee notes that the Government’s report refers to the ruling of the Supreme Court in Diaz, Paulo Vicente vs Cerveceria y Malteria Quilmes S.A., of 4 June 2013, to which the CGT RA and CTA Workers also refer in their observations. In this decision, the Court reiterated its previous position on the unconstitutionality of section 103 bis(c), and decided, with specific reference to Article 1 of the Convention, that the conclusion of unconstitutionality applied to a clause in an agreement that qualified as “non-remunerative” certain benefits granted by employers to workers covered by the collective agreement concerned. In its observations, the CTA Workers also indicates that the draft legislation submitted on this issue was not adopted. The Committee recalls that, under Article 1, all components of the remuneration of workers, however designated or calculated, are protected by the Convention (see 2003 General Survey on protection of wages, paragraph 47). Given that the social benefits provided for in section 103 bis of the LCT are granted to workers by employers for their services, the Committee considers that, for the purposes of the Convention, these benefits are a component of the remuneration of workers. Therefore, although the national legislation provides that such benefits are of a non-wage nature, they must be protected by the Convention. The Committee requests the Government to indicate the manner in which the protection established in the Convention is applicable to the benefits listed in section 103 bis of the LCT, for example with regard to their regular payment (Article 12).

The Committee also notes that the Government’s report refers to the proposed establishment of a committee to address issues arising in the ILO supervisory system. The Committee expresses the hope that, within this framework, constituents will find a suitable means of addressing the issues raised with regard to the application of the Convention. The Committee requests the Government to provide information on any progress in this respect.

Article 3. Payment of wages in legal tender. In its previous comments, the Committee noted the establishment of a monetary unification programme in 2003 to bring an end to the payment of workers’ wages in vouchers in provinces, and requested the Government to provide information on the results of this programme. The Committee notes the Government’s indication that, at present, the practice of the payment of wages in the form of vouchers no longer exists, and that there are no records of complaints in this regard.

Article 12(1). Regular payment of wages. In its previous comments, the Committee requested the Government to provide information on any ongoing difficulties regarding the regular payment of wages. The Committee notes the Government’s indication that there have been isolated cases of delays in the payment of wages and that such cases are in process of regularization.