Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) - Argentina (Ratificación : 1985)

The Committee notes from the Government's report that a Federal Council of Provincial Labour Administrations has been set up and that the provinces which compose it have signed the protocols by which the Central Ministry of Labour and Social Security transferred to them some of its functions. Only where no protocol has been signed, do the labour inspection duties remain the responsibility of the regional offices of the said Ministry. The Committee notes also the information provided concerning the activities of the inspection teams.

Article 8, paragraph 1, of the Convention. The Committee takes note of the information provided by the Government that insufficient remuneration and the lack of other incentives constitute limitations in the engagement of public officials while those already engaged are often obliged to have a second employment in order to subsist. It also notes that the provincial bodies are too dependent of local political changes which would constitute serious obstacles to the labour inspection. Please indicate the measures taken or envisaged to ensure that the status and conditions of service of labour inspectors are adequate so as not to necessitate a second employment, that of their stability of employment and their independence from changes of government and improper external influences are ensured.

Article 9. The Committee takes note of the information regarding the insufficient qualifications of the labour inspection staff in agriculture. It hopes the Government will be able to indicate in its next reports the measures taken or envisaged by the provincial authorities as well as the Ministry of Labour and Social Security to ensure that labour inspectors in agriculture are recruited with sole regard to their qualifications for the performance of their duties (paragraph 1) and that they are adequately trained and receive further training in course of their employment (paragraph 3). Please indicate also the means used both at central and provincial levels to ascertain such qualifications (paragraph 2).

Articles 14 and 21. The Committee notes that, following the decentralization of the labour inspection system, the Government does not have sufficient information as to the functioning of the provincial labour inspection services. Nevertheless, the Government states that the situation has not changed concerning the difficulties encountered by these services in inspecting agricultural undertakings as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. It also mentions the limitations arising from the insufficiency of the staff and the lack of material means. Please indicate the measures taken or envisaged to remedy this situation.

Article 15. See comments under Article 11 of Convention No. 81, as follows:

Articles 11, paragraphs 1(b) and 2, and 16. Further to its previous comment, the Committee urges the Government to provide an appreciation of the manner in which this aspect of the Convention is applied, having regard to the need for adequate transport facilities for inspectors in order to meet the requirements in Article 16 that workplaces be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Article 16. The Committee takes note of the Government's reply to its previous comments which refers to section 18 of the national Constitution and section 225 of the Criminal Procedure Code. It notes however that these provisions do not prohibit labour inspectors from entering the private home of an operator of an undertaking in pursuance of subparagraphs (a) and (b) of paragraph 1 of this Article, in the event the operator does not give his consent or the competent authority does not issue a special authorization as required by paragraph 2 of this Article. Please indicate the measures taken or envisaged to ensure the application of this Article.

Article 17. The Committee notes the Government's reply to its previous comments referring to certain legal texts. It notes, however, that none of these texts provides specifically for the labour inspection services in agriculture to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. Please supply further information and any relevant laws or regulations regarding the cases and conditions under which the labour inspection services in agriculture are associated in such preventive control.

Article 19, paragraph 2. The Committee notes that the Government's reply to its previous comment does not contain information on the participation of inspectors in inquires into the causes of the most serious occupational accidents or occupational diseases, particularly of those which affect a number of workers or have fatal consequences. Please provide such information with the next report.

Article 26. See observation under Article 20 of Convention No. 81.

Article 27. The Committee notes the information provided by the Government in its report concerning the information required by subparagraph (a) of this Article. It wishes to point out that this information, along with the information required under subparagraphs (b) to (g) of this Article, should be included in the annual report required under Article 26.