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

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

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.