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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Argentina (RATIFICATION: 1968)

Other comments on C111

Observation

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The Committee notes the observations made by the Confederation of Workers of Argentina (CTA Autonomous), received on 30 September 2020, and by the General Confederation of Labour of the Argentine Republic (CGT RA), received on 23 August 2022.

COVID-19. In reply to the observations of the CTA Autonomous on the situation of women and men domestic workers in the context of the pandemic, the Government indicates in its report that the sector was not excluded from the system of protection against dismissal and the suspension of employment relations, and that it in turn benefited from both the Emergency Family Income and the Economic Recovery, Employment Generation and Social Inclusion Programme for Women and Men Workers in Private Houses. The Committee requests the Government to provide its comments on the other observations made by workers’ organizations, which allege violations of the provisions of the Convention against migrant workers, undeclared workers, workers covered by subcontracting arrangements and workers with disabilities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee regrets to note the absence of information on the legislative initiative that was under examination and emphasizes that, for the full implementation of the Convention, it is essential for sexual harassment in employment and occupation to be clearly defined and prohibited, including both quid pro quo and hostile work environment sexual harassment (2023 General Survey, Achieving gender equality at work, paragraph 113). The Committee requests the Government to provide information on any measures adopted or envisaged for the inclusion in the labour legislation or any other legislation applicable to labour relations of a clear definition of sexual harassment and the prohibition of both quid pro quo and hostile work environment sexual harassment.

Domestic workers. With reference to the measures adopted to promote the declaration of domestic workers, with a view to enabling them to exercise their rights without discrimination, the Government indicates that the Declared Women Worker Programme was implemented with the objective of promoting formality in the sector for women workers in private houses, guaranteeing their access to and maintenance in declared employment, banking unbanked workers and promoting financial inclusion with a gender and diversity perspective. The Committee refers in this regard to its comments in relation to the Domestic Workers Convention, 2011 (No. 189).

Article 2. National equality policy. The Committee notes with interest the various measures reported by the Government in relation to the promotion of equality, including: (1) the National Equality in Diversity Plan (2021–23), which has the objective of the design and implementation of a policy to guarantee equality in access to and the exercise of rights for women and persons who are lesbian, gay, bisexual, transvestite, transexual, intersex, transgender, intersex, non-binary and non-hetero identities (LGBTI+); the policy for the labour market inclusion of transvestite-trans persons which, among other measures, establishes a minimum quota of 1 per cent for transvestite, transexual and transgender workers in the public system; (3) various programmes promoted by the Coordination Support Unit for Workers with Disabilities (CATcD) which are continuing to develop the skills and competencies and promote the employment of persons with disabilities; (4) the establishment of a system of statistical gender indicators for the identification of gender inequalities in the occupational structure; and (5) the Igualar Programme, the general objective of which is to reduce structural inequality in the world of work, employment and production for women and LGBTI+ persons. The Committee requests the Government to provide information on the impact of the measures adopted including, for example, statistics on labour market participation disaggregated by sex, disability, economic sector and occupation.

National policy of equality between women and men. Occupational segregation. The Committee notes with interest the policies and measures reported by the Government in relation to the promotion of equality between women and men, including: (1) the Programme for the Promotion and Inclusion of Women in the Automotive Transport Sector, the objectives of which include guaranteeing gender equality and equality of opportunity and treatment in access to jobs; (2) the Programme to Strengthen Women’s Leadership and Sexual Diversity in Trade Unions, which seeks to offer and facilitate tools for the empowerment of women and sexual diversity in trade unions; and (3) the training of 15,570 women in online skills related to the reinforcement of vocational skills and the improvement of employability. The Committee notes the indication by the CGT RA in its observations that the gender gap in training for professionals is more common in two areas, namely information and communication technologies (ICT), in which the percentage of trained women is 1.7 per cent, compared with 8.2 per cent for men, and in engineering and manufacturing, where the percentage of trained women is 6.6 per cent, compared with 24.6 per cent for men. The Government adds that the participation of women in managerial positions is 36 per cent lower than that of men. The Committee further notes that the General Inspectorate of Justice, in General Decision No. 34/2020, provided that civil institutions and commercial companies must comply with the requirement for equal numbers of women and men in the composition of their administrative and supervisory bodies. The Committee requests the Government to provide information on any measures adopted to promote the access of women to a greater diversity of jobs and training courses, as well as to higher level positions, particularly in occupations in which men predominate and in sectors where women are less represented.

Articles 1 and 5. Prohibited work for women. The Committee notes the information provided by the Government in relation to a majority opinion adopted in August 2023 in favour of a Bill providing, among other measures, for the replacement of section 175 regulating home work without distinction as to the sex of the worker and repealing section 176 of the Employment Contract Act, which prohibits women from undertaking certain types of work. The Committee emphasizes in this regard that blanket limitations on work aimed at protecting women generally because of their sex or gender are based on stereotypical perceptions about their capabilities and appropriate role in society and are contrary to the Convention (2023 General Survey, Achieving gender equality at work, paragraphs 83–93). The Committee requests the Government to provide information on progress and the eventual adoption of the Bill or other legal initiatives to address the subject.

Application in practice. The Committee welcomes the Government’s indication concerning the establishment of the Social Dialogue Commission on the Future of Work, the objective of which is to function as a national body bringing together the social partners and the Government for the appropriate implementation of ILO Conventions. The Committee also welcomes the implementation of the Project for the Federalization of International Labour Relations, the objectives of which include the implementation of international labour standards. The Committee notes this information.