Informe en el que el Comité pide que se le mantenga informado de la evolución de la situación - Informe núm. 376, Octubre 2015

Caso núm. 3046 (Argentina) - Fecha de presentación de la queja:: 30-OCT-13 - En seguimiento

Allegations: The complainant organization alleges that workers in the municipal public sector have no scope for collective bargaining

1. 168. The complaint is contained in a communication dated 10 September 2013 from the Confederation of Municipal Workers of Argentina (CTM).
2. 169. The Government sent its observations in communications dated 22 May and 29 October 2014 and 27 May 2015.
3. 170. Argentina has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Labour Relations (Public Service) Convention, 1978 (No. 151), and the Collective Bargaining Convention, 1981 (No. 154).

A. The complainant’s allegations

1. 171. In its communication of 10 September 2013, the CTM alleges that workers in the municipal public administration have no scope for collective bargaining, in violation of Convention No. 154. The CTM argues that this lack of collective bargaining in the municipal administration is the result of the CTM being excluded from tripartite consultation and social dialogue. The CTM also alleges that the exclusion of municipal workers from the scope of the legal provisions governing labour relations and collective bargaining obstructs their access to the guarantees provided by minimum protection floors established by international labour standards. The CTM indicates that since it was established in December 2005 it has unsuccessfully taken various actions and filed complaints with the municipal, provincial and national administrations with a view to establishing collective bargaining for workers in municipal administrations.

B. The Government’s reply

1. 172. In its communications of 22 May and 29 October 2014 and 27 May 2015, the Government states that it has not violated the provisions of Convention No. 154 and denies that municipal workers have in any way been excluded from the scope of the legal provisions governing labour relations or that any restriction has been placed on their access to the guarantees provided by minimum protection floors established by international labour standards. The Government observes that the complainant has not provided any details with regard to the municipalities where there is supposedly no collective bargaining. Furthermore, it emphasizes that, under the federal structure of the Argentine Republic, provinces and municipalities have a great deal of autonomy. Hence, the general complaint presented by the complainant comes within the scope of the autonomy of the municipalities. The Government also underlines the complexity of the communal structure of the country, which includes over 2,200 entities, and the multiplicity of forms that can be used to implement social dialogue, through collective agreements or other arrangements. The Government also refers to the Committee’s comments and those of the Committee of Experts concerning the need to find a fair and reasonable compromise between the need to preserve the autonomy of the parties in collective bargaining and the duty of the authorities to take the necessary steps to overcome budgetary difficulties. In view of the above, the Government considers that the complainant needs to specify the municipalities where the workers do not have access to collective bargaining. In contrast, as an example of social dialogue in the municipal sphere, the Government cites the experience of the province of Buenos Aires, the laws of which promote collective bargaining in the municipalities and grant powers to the ministerial authorities to facilitate the conclusion of agreements. In the aforementioned province, various municipalities have adopted the system of collective bargaining established by the provincial legislation. Lastly, the Government emphasizes its willingness to mediate in the institutional dialogues of the various federal collaborative bodies and to assist the municipalities that have not yet made use of any collective bargaining mechanisms, with a view to improving the application of Convention No. 154.

C. The Committee’s conclusions

1. 173. The Committee observes that the complainant organization alleges that workers in the municipal public administration have no scope for collective bargaining, in violation of Convention No. 154, and asks for collective bargaining to be implemented for workers in the municipal administration. The complainant considers that this lack stems from the CTM being excluded from tripartite consultation and social dialogue, despite the action it has taken and the complaints filed with the municipal, provincial and national administrations. Furthermore, the Committee observes that the Government denies that there has been any violation of Convention No. 154 or that municipal workers have in any way been excluded from the scope of the legal provisions governing labour relations, indicating that the issue raised in the complaint comes within the scope of the autonomy of the municipalities and stating that in order to address the allegations of the CTM it would be necessary to have details of the municipalities affected. The Government underlines as an example of social dialogue in the municipal sphere the experience of the province of Buenos Aires, referring to the provincial legislation that promotes collective bargaining in the municipalities and indicating that various municipalities in this province have adopted the legal system of collective bargaining.
2. 174. The Committee observes that collective bargaining in the local administrations is a reality at least in the case of the province of Buenos Aires and that the issues raised by the complainant appear to be limited to certain provinces. The Committee appreciates the Government’s offer to facilitate collective bargaining in municipalities where it is not yet used and invites the Government to encourage dialogue between the provincial and municipal authorities, the CTM and the other most representative trade union organizations of public employees, with a view to promoting the full application of Convention No. 154 in its respective spheres. In this context, the Committee invites the complainant organization to provide more information to the Government on the municipalities where municipal employees have no access to collective bargaining. The Committee invites the Government to keep it informed of all progress made in this regard.

The Committee’s recommendation

1. 175. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendation:
   • Appreciating the Government’s offer to facilitate collective bargaining in municipalities where it is not yet used, the Committee invites the Government to encourage dialogue between the provincial and municipal authorities, the CTM and the other most representative trade union organizations of public employees, with a view to promoting the full application of Convention No. 154 in its respective spheres. The Committee invites the complainant organization to provide more information to the Government on the municipalities where municipal employees have no access to collective bargaining and invites the Government to keep it informed of all progress made in this regard.