Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Argentina (Ratification: 1996)

The Committee notes the observations made by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2015.

Part III of the Convention. Regulation of fee-charging employment agencies. Articles 13 and 14 of the Convention. Supervision of fee-charging employment agencies. In response to the concerns expressed by the CGT RA and the Confederation of Workers of Argentina (CTA) in 2014, the Government maintains that only three cases have been filed against enterprises in relation to employment agencies and that, in all those cases, it was proven that the agencies acted as intermediaries between workers and employers without being authorized to do so. Moreover, the fee that the intermediaries received from the applicants was not paid when they received their first remuneration, but rather, such payment was used to finance advertisements offering their labour. The CGT RA indicates that the monitoring and inspections carried out by the Ministry of Labour are inadequate, as many employment agencies operate without prior authorization, while others, which do have authorization, charge workers fees that exceed those prescribed by law. Furthermore, the CGT RA indicates that the national legislation does not establish the sanctions required by Article 13 of the Convention. The Committee once again requests the Government to provide information on the measures taken to monitor the operations of fee-charging employment agencies. Please also include information on the circumstances in which appropriate penal sanctions have been imposed and licences or authorizations have been revoked for violations of the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2016.]