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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Argentina (Ratification: 1988)

The Committee notes the observations made by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 23 August 2022, alleging that the legislation does not regulate all the aspects of the reconciliation of work, personal and family life, and that there are disparities in the access to family leave in the public sector and by workers in the informal economy.

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT RA), received on 2 September 2016, as well as the corresponding reply of the Government.

Article 3 of the Convention. National policy. In its previous comments, the Committee requested the Government to continue providing information on the implementation and impact of various plans and programmes, particularly universal child allowance and the “More and better work for youth” programme, as well as the promotion activities of the Coordination Unit for Gender Equality and Equality of Opportunities (CEGIOT) to ensure that collective agreements contain provisions on gender equity and the reconciliation of family and working life. The Committee notes the information in the Government’s report that in 2016 universal child allowance was extended to workers registered in the simplified scheme for small contributors (monotributistas). The Committee also notes the Government’s reference to the “National early infancy plan” (Decree No. 574/2016), which was adopted in 2016. The Committee notes that this plan aims to ensure the full development of children (boys and girls) from 45 days to 4 years of age and, to that end, provides for the promotion and improvement of day-care services. In this respect, the Committee notes that the CGT RA in its observations indicates that: (1) workers with family responsibilities encounter difficulties concerning, in particular, childcare; (2) the legislation in force does not facilitate the reconciliation of family and professional responsibilities, and the strategies relating to care services and its coordination with work are based on an organization of society that reproduces social and gender inequalities; (3) the issue of care services must be addressed as a public problem and not as a responsibility of women and the home; and (4) in order to reduce inequalities, the existing legal framework must be amended. The Committee notes the Government’s information, in reply to these observations, that: (i) within the framework of the Tripartite Committee for Equal Opportunities–Gender (CTIO–Gender), which is one of the 11 thematic committees of the Tripartite Committee of Equal Opportunities and Treatment (CTIO), the Subcommittee for Reconciliation of Work and Family Life was established aimed at analysing the issue of workers’ family responsibilities; and (ii) throughout 2016, among other activities, that Subcommittee carried out a comparative analysis of legislation and care systems in countries in the region and prepared a series of recommendations to take into account in any possible updating of the legal framework in force.

The Committee notes that the report entitled “Progress in reconciliation of family and working life in collective bargaining” prepared in 2015 by the Directorate for Gender Equality and Equal Opportunities in Employment of the Ministry of Labour, Employment and Social Security, available on the Ministry’s website, recognizes that the Act on employment contracts, No. 20.744 of 1974, does not adequately meet the current needs of men and women workers. The report identifies a series of advances to include in a future amendment of the Act, such as extending paternity leave, including parental leave and time off, granting leave on grounds of a sick family member and providing access to day-care benefits irrespective of gender. The Committee also notes that, as indicated in the “Work and family” report drafted by the CTIO, it is necessary to develop universal policies and programmes on care facilities and shared responsibilities which also cover men and women workers in the informal economy. The Committee also notes that, as the “Women in the world of work” report of the Ministry of Labour, Employment and Social Security demonstrates: (i) in order to design appropriate public policies, an awareness of the distribution of care responsibilities and its link with employment, under-employment and unregistered work is essential; and (ii) the rate of women’s participation in unpaid domestic work (including domestic chores, school support and care responsibilities) was 88.9 per cent, while men’s was 57.9 per cent. In addition, women spend an average of 6.4 hours per day on these tasks, while men spend only 3.4 hours. The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women expressed concern about the lack of measures in place to facilitate the conciliation of family and work life (CEDAW/C/ARG/CO/7, 25 November 2016, paragraph 30).

The Committee notes the Government’s information regarding the draft law on gender equality (INLEG-2018-10434057-APN-PTE), which was submitted to Congress in March 2018, and welcomes the fact that this draft law provides for: (i) amending section 158 of Act No. 20.744, to extend special leave for the birth of a child to 15 days; provide for special leave of the same duration for the adoption of a child; ensure that workers, of either gender, also have special leave to carry out the relevant procedures or undergo the required evaluations with a view to adoption (two consecutive days with a maximum of ten days per year); and (ii) the inclusion of section 198 bis on reduced working days to look after children up to 4 years of age, under which workers, of either gender, may schedule and agree with their employer on a temporary reduction of their workdays to look after their children.The Committee requests the Government to provide information on any measures adopted within the framework of the “National early infancy plan” with a view to increasing the availability of day care spaces. The Committee also requests the Government to provide information on any developments on the amendments to Act No. 20.744, aimed at extending leave and time off for care responsibilities and family responsibilities to facilitate reconciliation of working and family life for men and women workers with family responsibilities. The Government is also requested to continue providing information on the implementation of plans and programmes aimed at enabling persons with family responsibilities to engage in employment, without discrimination, and the results achieved.

Article 4. Equality in terms and conditions of employment. The Committee recalls that, in its previous comments, it requested the Government to: (i) continue providing information on the operation of the Employment Services Network, particularly the tangible measures envisaged in the context of the Network to establish effective equality of opportunities and treatment between men and women workers with family responsibilities; and (ii) to provide information on any progress relating to the draft amendment of section 183 of Act No. 20.744 with a view to extending to fathers the benefits envisaged for mothers with children who have disabilities. The Committee notes the information provided by the Government on the number of persons served by the employment services in 2014 and 2015. With regard to the amendment of section 183 of Act No. 20.744, the Committee notes the Government’s indication that this section was not amended. The Committee also notes the Government’s reference to Act No. 24716 of 1996 which provides for special six-month leave for women workers at the end of their maternity leave in the case of a child born with Down’s syndrome. The Committee recalls that, in its 2001 comments, it had noted this provision with interest but had suggested, however, that consideration be given to the possible revision of the text, whereby such leave may be taken by the working mother or working father. The Committee emphasizes the fact that where the possibility of taking extended leave to care for a young child is restricted to the mother only this may be, in the long run, to the detriment of women workers’ career opportunities. It also constitutes discrimination against men and is in contradiction with the principles in the Convention (see 1993 General Survey on workers with family responsibilities, paragraph 169). The Committee notes the Government’s information that some collective agreements demonstrate significant progress in this regard, as they broaden the possibilities for leave and recognize both parents.The Committee requests the Government to provide information on the measures adopted within the context of the Employment Services Network to promote access to employment for men and women workers with family responsibilities and their impact in terms of reducing the unemployment rates of those workers. The Committee also requests the Government to provide information on any legislative amendments aimed at extending the possibilities for leave and time off to both parents and to report on any developments in this respect.

Article 5. Childcare and family services. In its previous comments, the Committee requested the Government to continue providing information on the practical measures adopted to take account of the needs of workers with family responsibilities, particularly to extend to fathers the benefits and allowances already available to mothers. The Committee notes the information provided by the Government concerning the implementation of the “Harvest Garden” (Jardines Cosecha) programme in the provinces of Salta, Jujuy and Misiones, designed to provide day-care centres and services for the children of rural women workers. The Committee also notes the Government’s information that under the “Good Harvest” (Buena Cosecha) programme aimed at children under 16 years of age of seasonal rural migrant workers, during the grape harvesting and other fruit harvesting periods in Mendoza, there are currently 135 care centres. The Committee notes with interest that section 64 of the Agricultural Labour Scheme, adopted by Act No. 26727 of 2011, provides that “agricultural holdings must include places where workers’ children can be cared for and kept safe for the full working day, and ensure that they are accompanied by qualified staff or/and persons with childcare experience”. However, the Committee also notes that the scope of the Act excludes, among others, workers occupied in harvesting and/or fruit packing work (section 3).The Committee requests the Government to continue providing information on the measures, compatible with national conditions and possibilities, adopted to take account of the needs of workers with family responsibilities, including information on the application in practice of section 64 of the Agricultural Labour Scheme, and any plans to extend this Scheme to workers engaged in the harvest or fruit packing.

Article 6. Awareness-raising measures. The Committee notes the Government’s information on various initiatives carried out by the Directorate for Gender Equality and Equal Opportunities in Employment and the CTIO–Gender with a view to enhancing the public’s understanding of the needs of workers with family responsibilities. These initiatives include, among others: (i) training sessions on work and family for members of the Tripartite Committees for Equal Opportunities in the provinces; (ii) a study into men’s and women’s participation in decision-making posts in enterprises, trade unions and state bodies, with a focus on reconciliation of work and family responsibilities; and (iii) awareness-raising campaigns on social networks to promote greater participation of men in family responsibilities. The Committee also notes that the 2015 report drawn up by the Directorate for Gender Equality and Equal Opportunities in Employment entitled “Advances in the reconciliation of work and family life in collective bargaining” is designed to raise the awareness of workers’ and employers’ organizations on the issue.The Committee takes due note of this information and requests the Government to continue taking proactive informational and educational measures to enable a better understanding of workers, employers and their organizations, as well as of the general public of the needs of workers with family responsibilities and to encourage fathers to exercise the rights granted to them. The Committee also requests the Government to continue providing information in this respect.

Article 7. Vocational guidance and training. In its previous comments, the Committee requested the Government to continue providing information on all other measures regarding the application of this Article. The Committee notes the Government’s reference to the “Youth employment” programme which provides financial support to young persons between 18 and 24 years of age to enable them to train, complete their studies, undertake internships or start their own business.While recalling the importance of adopting specific vocational guidance and training measures to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities, the Committee requests the Government to report on whether the “Youth employment” programme includes this type of measure and provide information on any other relevant programme.

Article 11. Participation of workers’ and employers’ organizations. The Committee notes the Government’s information regarding activities carried out by the CTIO, particularly those aimed at creating an enterprise network and a trade union network for decent work, which envisage the creation of socially responsible work experience and thematic networks in the form of working groups. The Government also indicates that, in the context of the CTIO–Gender, the representatives of enterprise associations and trade union confederations are analysing the clauses related to care responsibilities issues to be incorporated into new accords and collective agreements that are signed.The Committee requests the Government to continue sending information on measures intended to give effect to the provisions of the Convention adopted in cooperation with the workers’ and employers’ organizations, and their impact.