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The Committee refers the Government to its observation and draws its attention to the following point.

Article 18 of the Convention. In reply to the Committee’s previous direct request enquiring about incentives for employers that comply with the law and more dissuasive sanctions against the most negligent, the Government indicates that the law provides for no rewards for the former. The Committee notes with interest, however, that the National Plan for the Work Regularization makes provision for reducing the amount of the fine by one third if the employment is brought into conformity with the law. It notes that, according to section 34 of Act No. 25.877 of 2004, the Ministry of Labour is required to allocate all the proceeds from fines imposed for breach of the labour legislation to the improvement of the labour inspection service. The Committee requests the Government to indicate the expenditure items of the labour inspectorate to which these resources are assigned.

With regard to the list of cases submitted to the courts which was attached to the Government’s report on the application of Convention No. 129, the Government is asked to specify: (i) the body that established it; (ii) the areas of the legislation to which the fines imposed pertain; and (iii) how far the procedure implemented for their recovery has affected the extent to which the relevant legal provisions are applied.

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Further to its previous observation, in which it asked the Government for information on the legislative and practical measures taken to reinforce the labour inspection system and to give full effect to Articles 20 and 21 of the Convention, the Committee notes the Government’s detailed report. It also notes the attached documents concerning the MERCOSUR Regional Labour Inspection Plan (PRIT), and its revision and implementation during the period covered by the report.

Regional economic cooperation and developments in the labour inspection system. The Committee notes that according to the Government, the PRIT has been revised to take account of member States’ comments and remarks, but that the decisions on the minimum requirements for inspection visits and for the profiles of labour inspectors have been maintained. The Government also indicates that Brazil should shortly submit a proposal for the development of labour inspectors’ training in the context of MERCOSUR.

The Committee notes the report of a joint pilot inspection operation carried out in September 2007 for three days in the common border area of Argentina, Brazil and Paraguay, pursuant to MERCOSUR decision No. 32/06 on minimum requirements regarding labour inspection procedure. The operation began with a meeting for an exchange of information between the three delegations on the technical aspects of labour inspection in each country and the relevant labour legislation. For the practical action, the inspectors formed two groups, one of which was responsible for the supervision of general conditions of work and the other for occupational safety and health conditions. The workplaces involved were a building materials establishment in Brazil; a commercial establishment in Paraguay; and a hotel establishment in Argentina. In each workplace inspected, verification focused on the documentation pertaining to general conditions of work, social security, equipment and premises and the application of specific standards. The members of the delegations participated in each inspection as observers and had the opportunity to make recommendations relating to their respective national procedures. According to the Government, following this pilot activity, Brazil proposed a broad outline for the training plan for labour inspectors within MERCOSUR.

The Committee also notes that the Ministry of Labour took part in a tripartite regional meeting on labour relations, employment and social security in MERCOSUR, which was held at Montevideo (Uruguay) in November 2007. In the course of the meeting, the Government referred to its difficulties in obtaining funds to finance the Regional Plan for the Eradication of Child Labour, and of the possibility of seeking support from the ILO and other international organizations. With regard to labour inspection in general, the meeting decided that each State party would in future propose holding joint operations for a specific economic activity and one border area per country. The Committee notes with interest that the participants agreed to exchange statistical information on labour inspection that has to be communicated to the ILO under this Convention.

In May 2008, another tripartite meeting on labour relations, employment and social security was held in Buenos Aires, which the ILO attended as an observer. The Committee notes, however, that according to the report of the meeting, employers were represented only by a Brazilian delegation. On that occasion, the Government delegation of Argentina proposed the establishment of a PRIT operations coordination committee consisting of the government bodies responsible for labour inspection, a new common regional inspection methodology, including the organization of an evaluation day with the participation of the social partners. It also proposed that each country should prepare a document setting out proposals to improve technical training for labour inspectors in the context of the MERCOSUR training system (STIT). With regard more specifically to child labour, the Government delegation of Argentina suggested that child labour issues should be dealt with in conjunction with other competent MERCOSUR bodies, such as the Niño Sur initiative, and that one of the member States should be responsible for establishing contacts with the Government representatives of the countries participating in the initiative. It also reported that the Government had taken measures to seek funding through the Inter-American Development Bank (IDB). The Committee would be grateful if the Government would continue to provide information on the impact of the PRIT on improving the professional qualifications of labour inspectors (Article 7 of the Convention), and to indicate the action taken on the proposals regarding the procedure for workplace inspection (Articles 12 and 13). Noting that, according to the Government, labour inspectors and local inspection offices enter information on their activities in the computer system, the Committee would be grateful if the Government would ensure that the central authority discharges its duty to publish and communicate an annual report on the work of the labour inspectorate (Articles 20 and 21).

Article 5(a) and (b). Cooperation between the inspection services and other institutions, and collaboration with employers and workers. The Government states that, pursuant to the provisions of Act No. 25.877 of 2004, the Ministry of Labour has concluded agreements with other ministries, the Federal Public Revenue Department (AFIP) and the Social Security Administration (ANSES), as well as agreements with the trade unions. The Committee would appreciate receiving copies of the texts implementing the above Act and of such agreements.

With reference to its general observation of 2007, the Committee notes with interest the information and documents provided by the Government on the measures taken to encourage effective cooperation between the labour inspectorate and the justice system in achieving common objectives for the protection of workers. It states that a meeting was held between the Minister of Labour, the Secretary of State for Labour, the Secretary of State for Social Security, the Chief Social Security Advisor, the Director of Legal Affairs and all the magistrates of the Social Security Chamber on the complementarity of the powers conferred by Act No. 25.877 on the Ministry of Labour and the AFIP as they relate to compliance by employers with social security obligations. Furthermore, an electronic data entry system on social security cases is available to the courts and a new fines recovery procedure has been set up for the labour courts of the federal capital. The Government adds that the Directorate for Legal Affairs has launched a survey among judges on the possibility of more expeditious proceedings. In addition, various computer systems have been developed jointly by the Directorate of Legal Affairs and the Directorate of Computer Systems and Resources so as to speed up recovery procedures and make the treatment of cases easier to supervise countrywide. It is also planned to establish a computerized register of repeat offenders for the imposition of more severe penalties and the compilation of  statistics. According to the Government, these measures are aimed at making magistrates aware of the rationale of inspection. In support, it provides a list of more than 8,000 cases of employers prosecuted for offences. The Committee would be grateful if the Government would indicate whether the measures to encourage cooperation between the Ministry of Labour and the judicial authorities are confirmed to breaches of social security legislation or whether they also target violations of the rules on general conditions of work and occupational safety and health. Please continue to provide information on all measures taken or envisaged to step up cooperation between the labour inspectorate and the judicial authorities.

Article 6. Conditions of service of labour inspectors. Further to its observation of 2004 on the conditions of service of labour inspectors, which were criticized in 2002 by the Latin American Confederation of Labour Inspectors (CIIT), the Committee notes that under this provision of the Convention the Government refers to Framework Act No. 25.164 of 1999 on public employment at national level. It would be grateful if the Government would provide details of the remuneration and prospects for career advancement of labour inspectors as compared to those of other public servants with similar duties.

Article 9. Collaboration of technical experts and specialists in some of the inspections falling within the remit of labour inspectors. According to the Government, inspectors receive appropriate training enabling them to deal adequately with the various technical issues that they will encounter during inspections. The Committee would be grateful if the Government would specify the composition of the inspection staff by area of expertise and by grade and would indicate how occupational safety and health inspections are undertaken which require specialization (medical, technical, chemical).

Article 14. Information on industrial accidents and cases of occupational disease. The Committee notes that the Government refers in this respect to information supplied in the report on the application of the Safety and Health in Agriculture Convention, 2001 (No. 184), concerning Act No. 24.557 of 1995 on occupational hazards, and particularly to section 31(2)(c). It notes that, according to this provision, employers are required to notify to occupational hazard insurance companies (ART) and the Supervisory Authority for Occupational Risks (SRT) any accidents and cases of occupational disease occurring in their establishments. However, the CIIT reported in its comments of 2002 the failure to give effect to Article 14 of the Convention. The Committee reminds the Government that according to this provision, the labour inspectorate shall be informed of such occurrences and asks the Government to provide details of the manner in which effect is given to this provision in practice.

Articles 11 and 16. Frequency and scope of inspections. According to the Government, inspection visits are conducted either ex officio or as a result of a complaint, and their frequency depends on the number of workplaces liable to inspection and the number of labour inspectors reporting to the ministry or to provisional labour departments. Under Article 11, the Government states that in purchasing vehicles for the inspection services, account is taken of the characteristics of the terrain and that all travel and other related expenses are refunded to labour inspectors immediately. The Committee would be grateful if the Government would indicate whether all the provinces have a labour inspection service and to provide an assessment of the extent to which the effect given in practice to Article 16 is commensurate with the protection needs of the workers concerned.

The Committee is also raising other matters in a request addressed directly to the Government.

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The Committee refers the Government to its observation and hopes that current and planned developments in the labour inspection system as a whole will be accompanied by incentives for those employers that best apply the legislation on conditions of work and the protection of workers, and by more dissuasive sanctions against the most negligent employers. It would be grateful if the Government would provide information on any initiatives implemented or envisaged in this regard.

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The Committee takes note of the Government’s report for the period ending in June 2006. It notes that the Government has replied in part to its previous comments and those of the Latin American Confederation of Labour Inspectors (CIIT) sent in a communication of 2002 on the application of the Convention. It notes with interest the Government’s information regarding the positive effects that the improvement in Argentina’s economy has had on employment and compliance with labour legislation thanks to intensified supervision of the registration and regularization of workers.

Regional economic cooperation and development of the labour inspection system. With reference to its previous comments on the issues raised by the CIIT, the Committee notes that a National Plan for the regularization of workers under way since 2003 has made it possible, thanks to the mobility of labour inspectors, to carry out large-scale regularization operations and joint inspection visits involving various specializations and levels of competence in the context of the integral labour inspection system established by Act No. 25.877 of 2004. Furthermore, appropriate cooperation has enabled the inspection services and other public bodies including the Federal Public Revenue Administration (AFIP), the National Migration Directorate and the Supervisory Authority for Occupational Risks, to exchange useful information for the performance of their respective duties. As regards the conditions of work and service of labour inspectors, which the CIIT criticized, the Government has provided information and documents pertaining to measures envisaged at the regional level within MERCOSUR with a view to bringing about improvements in every member country (Argentina, Brazil, Paraguay and Uruguay). A two-year regional labour inspection plan has been proposed by the Government on the basis of recommendations likewise issued at regional level in 2005 (MERCOSUR/CMC/Rec 01/05 and CMC/Rec 02/05, 2005). One of the plan’s objectives is to establish a regional centre for the training of inspectors in particularly sensitive matters such as undeclared work, discrimination on grounds of race, religion, sex and disability, migrant labour and child labour. There is also to be training on the programming and conduct of inspection visits with suitable advice to be provided to employers. The regional centre is to have a virtual Internet portal that all inspection services of member countries can access.

The plan also provides for an annual programme of joint inspection visits of particularly sensitive activities in the member countries, particularly in border areas. A system for the collection and processing of statistical data is to be set up so that an annual regional inspection report can be published. Advocacy campaigns on workers’ rights are also scheduled.

With regard to the insufficient numbers of inspection staff and the obstacles to the performance of the tasks involved in enforcing the legislation on working conditions, the Committee notes the Government’s information that 300 inspectors are distributed throughout the territory, in accordance with needs. It notes that Recommendation MERCOSUR/CMC/Rec 01/05 establishes the elements to be systematically checked in the course of inspection visits in member countries. The Committee notes with interest that these areas include, as required by the Convention, working conditions and the protection of workers (general conditions and occupational safety and health).

The Committee also notes with interest the establishment in 2003 of a tripartite group on occupational safety and health to be responsible for the framing, evaluating and monitoring of policy on working conditions in the construction sector. It notes in this connection that thanks to a diagnosis carried out with technical assistance from the Office, there was a significant increase in the number of inspections carried out on worksites between 2003 and 2005. Furthermore, a national safety and health plan has been set up in the sector, and in November 2004, in cooperation with local authorities, occupational associations and trade associations, a massive awareness campaign was launched “For construction sites to be visible from the street”, with a free telephone helpline for the public.

Further to its comments of 2006 under Convention No. 182 on the activities conducted by the Child Labour Control and Inspection Unit, the Committee notes that under the National Plan for the Prevention and Elimination of Child Labour, the labour inspection services are to be reinforced. Furthermore, regional actions have been developed in the context of MERCOSUR, such as a second publicity campaign for the prevention and elimination of child labour, together with an implementation plan, approved by resolution No. 36/06 of 18 July 2006.

The Committee would be grateful if the Government would continue to provide information on legislative matters and on practical measures taken to strengthen the labour inspection system (status of labour inspectors, conditions of service and career plans, numbers, training, cooperation with other public services or with private institutions, and collaboration with the social partners, equipment, computer and logistic resources of the inspection services). The Government is also asked to take all necessary steps to give full effect to Articles 20 and 21 of the Convention concerning the requirement for the central labour inspection authority to publish and send to the ILO an annual report on the work of the inspection services under its control. Please also report to the Office any progress made in this respect and any difficulties encountered.

The Committee is addressing a request on other matters directly to the Government.

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With reference to its observation, the Committee would be grateful if the Government would provide further information on the following points.

Article 12, paragraph 1, and Article 13 of the Convention. The Committee notes that the powers of labour inspectors to supervise and issue orders, as set out in section 32 of Act No. 25.877 of 2004, are established in a broader and less detailed manner, in relation to these provisions of the Convention, than they are in section 7 of Annex II to Act No. 25.212 of 23 December 1999 issuing the Federal Labour Charter. The Committee would be grateful if the Government would indicate whether the 1999 text is still in force.

Article 12, paragraph 2. The Committee requests the Government to ensure that measures are taken to bring the legislation into conformity with the Convention with regard to: (i) the obligation of inspectors to notify the employer or her or his representative of their presence on the occasion of an inspection visit; and (ii) the discretion which should be accorded to them not to do so where they consider that such a notification may be prejudicial to the performance of their duties.

Article 18. The Committee requests the Government to specify whether the system of penalties for violations of the labour legislation set out in Annex II to Act No. 25.212 is currently in force and whether measures have been taken to set in motion a procedure for the adjustment of the amounts of fines taking into account any fluctuations in the value of the currency so as to maintain their dissuasive nature, which is essential for the achievement of the objective that they are intended to pursue.

Articles 20 and 21. The Committee notes the statistical tables for the years 2002, 2003 and 2004 on the staff of the labour inspectorate; and for 2003 and 2004, on the number of inspections, the violations reported and sanctions imposed and on industrial accidents and cases of occupational diseases. The Committee hopes that the Government will ensure that in the near future an annual report on the activities of the labour inspection services containing all the information required under Article 21 is published and communicated to the ILO by the central inspection authority in the form and within the time limits set out in Article 20.

Regional cooperation in the field of labour inspection. The Committee requests the Government to provide information on the action taken as a result of the three draft resolutions on joint inspection operations in the context of MERCOSUR, as announced in its report.

Safety and health in the construction sector. With reference to its previous comments, the Committee once again requests the Government to provide detailed information on the nature of the prevention activities implemented in the construction sector and their impact.

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1. Impact of the restructuring on the operation of the labour inspection system. In its previous comments, the Committee noted the comments made by the Latin American Confederation of Labour Inspectors (CIIT) in a communication dated 20 May 2002 on the application of the Convention, stating that there had been no change in the situation as described in the observations made in 1999. The Committee also noted the explanations provided by the Government on the consequences of the economic and financial crisis on the operation of the labour administration and requested information on developments in the situation with regard to Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10; 11; 14 and 16 of the Convention which, according to the CIIT, were not applied.

The Committee notes that the Government has replied in part to its previous comments. It notes that Act No. 25.877, of 2 March 2004, maintains the designation of the Minister of Labour, Employment and Social Security as the central authority of the Integrated Labour and Social Security Inspection System (SIDITYSS).

According to the CIIT, the mediation functions assigned to labour inspectors amount to an additional obstacle to the discharge of their supervisory duties of the legislation for which they are responsible, which is rendered difficult by a situation that has already deteriorated markedly, particularly with regard to resources, but also by reason of the dispersion of responsibilities and the disparities, to the detriment of labour inspectors, of the remuneration conditions of public servants. The lack of human resources is even reported in certain provinces to have led to the abolition of any labour inspection system while, in others, labour inspectors are confined to supervising homework, with the majority of the other fields covered by inspection being assigned to contractual employees not covered by the status of public officials, but better paid than the labour inspectors of the Ministry of Labour.

Noting that the provisions of Act No. 25.877 provide responses to certain of the concerns expressed by the CIIT, the Committee requests the Government to provide information in its next report on any text or measure of a practical nature adopted under the provisions of the new Act on labour inspection, as well as a description of the new inspection system throughout the territory and particulars on the impact of the Act on the status and conditions of service and working conditions of labour inspectors (Articles 6, 7, 10, 11, 14 and 16); on their fields of competence (Article 3, paragraphs 1 and 2); and on any measures adopted to promote cooperation with other institutions engaged in similar activities (Article 5).

2. Labour inspection and child labour. With reference to its general observation of 1999, the Committee notes with satisfaction that regional training days on the issue of child labour and the role of labour inspectors have been organized for labour inspectors with a view to raising the awareness of provincial administrations on the importance of the issue and the need to establish their own methods of work and special teams to monitor child labour. The Committee also welcomes the structural measures adopted in the context of the measures to combat child labour. These include the establishment by Decision No. 125/003 of March 2003, within the Ministry of Labour, Employment and Social Security, of a child labour inspection unit responsible for ascertaining the working conditions of children, the nature of their activities, the level of risk to which they are exposed, and for analysing and systematically compiling relevant information from the various inspection services and for maintaining coordination with the Federal Labour Council and provincial labour administrations to carry out operations to detect cases of violations in this field. It requests the Government to continue providing information on the outcome of the measures adopted and, in particular, to provide relevant statistical data.

The Committee is addressing a request directly to the Government on certain matters.

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The Committee takes note of the Government’s report for the period ending on 30 June 2001, the documents sent in reply to its previous comments and the annual report of the labour inspectorate for 2000.

The Committee also notes the comments by the Latin American Confederation of Labour Inspectors (CIIT) sent on 20 May 2002, complementing those of 1999, stating that there has been no change in the situation and that Articles 1; 3, paragraphs 1(a) and 2; 4; 6; 7, paragraph 3; 10, 11, 14 and 16, of the Convention are not applied.

The Committee also notes that, in a communication received on 6 June 2002 by the Office, the Government refers to the serious economic and financial crisis which has given rise to internal and external insolvency and paralysis of all banking activity with implications for the labour market. The Committee refers in this connection to its previous comments and the information which the Government sent in reply, and would appreciate information on developments in the situation, particularly as regards the application of the abovementioned provisions of the Convention.

Labour inspection and child labour. The Committee notes with interest Annex IV to the Federal Labour Pact concerning the national action programme on child labour (Act No. 25.212 of 2000), and Decree No. 719 of 2000 setting up a national committee for the elimination of child labour which is responsible for the evaluation and coordination of efforts to prevent and eliminate child labour. The Committee notes that the abovementioned national action programme provides for the reinforcement of the labour inspectorate, inter alia, through the implementation of relevant training programmes, the establishment of interdisciplinary technical support teams for labour inspection, the formation of social networks allowing an immediate social response by the inspection services to every instance of child labour and the establishment of new machinery for detecting child labour. The Committee hopes that the Government will regularly send detailed information, including figures, of the results obtained by the strategy to combat child labour.

Regional and sectoral cooperation in labour inspection. With reference to its previous comments on joint labour inspection operations by MERCOSUR countries in the construction, manufacturing, food and electrical energy sectors, the Committee requests the Government to provide information on the running of such operations in the country and the results obtained in the light of the objectives pursued.

Cooperation between government labour inspection services. The Committee notes that the supervision of occupational hygiene, health and safety conditions is carried out by the provincial labour administrations which may call on the inspectors of the Occupational Risks Supervising Authority to determine arrangements for supervision, training or technical assistance. Noting the information on the new comprehensive strategy developed by the occupational risk supervision service through the "Safe work for all" programme, the Committee asks the Government to indicate whether, and to what extent, labour inspectors who report to the Ministry of Labour are involved in the implementation of the above programme and to give particulars of the type of measures taken, particularly in the construction sector which, along with the agricultural sector, has been shown by studies to have the highest number of fatal accidents.

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With reference also to its observation under the Convention, the Committee requests the Government to provide information on the following points:

1. The Committee notes with interest the indication in the 1997 Annual Report on the Labour Inspection in Argentina, that for the purpose of promotion of the observance of the labour legislation in each of the countries-members of the MERCOSUR the participants in the first meeting of Ministers of Labour of MERCOSUR (1996) have agreed, inter alia, to conduct "joint operative missions" in the construction sector in which delegations of the MERCOSUR member countries can participate as observers in the conduct of inspection activities in the host country, followed by an evaluation of their results in order to determine the next joint activities. During the second joint operation conducted in Argentina in October 1997, two construction works have been inspected. The Committee hopes that the Government will continue in its future reports to supply information on such activities conducted in Argentina.

2. Article 6 of the Convention. Status and conditions of service of the inspection staff. The Committee notes the indication in the 1997 annual report on labour inspection that pursuant to Decree No. 1.183/96, dated 17 October 1996, the representatives of organizations of workers, possessing legal personality, were included into the system of Labour Inspection under the name of labour controllers (Controladores Laborales) with the aim of strengthening the tasks of control over labour relations. Under resolution No. 1.029/96, dated 19 December 1996, on the procedure for appointment of the labour controllers and their rights and obligations, the labour controllers are entrusted with the detection of non-registered workers and can to this effect request from the enterprises information necessary for the identification of such cases (articles 6 and 7 of the resolution). The Committee asks the Government to provide details of the status and conditions of service of the labour controllers and to indicate whether they are assured of stability of tenure and are independent of improper external influences.

3. Article 10. Number of labour inspectors. The Committee notes that the safety and health inspection is composed of 52 inspectors and 21 technicians and professionals, while the figures for the inspection of general labour conditions amount respectively to 470 and 49. Recalling that the adequacy of human resources is an essential element in the efficiency of labour inspection, the Committee requests the Government to provide information on measures adopted or envisaged to increase the number of inspectors in general and in the safety and health inspection in particular.

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The Committee notes the Government's reports for the period up to 30 June 1999. It also notes the observations by the Latin American Confederation of Labour Inspectors.

1. The Committee notes with interest that following its previous comments to the effect that no inspection report had been sent to the ILO since 1984, the Government has communicated the 1997 annual labour inspection report as well as the 1997 and 1998 statistical summary on labour inspection, occupational accidents and diseases, required under Article 21 of the Convention. It hopes that the Government will in future comply with this requirement of the Convention and provide labour inspection reports on a regular basis.

2. The Committee noted previously that Decree No. 772/96 of 15 July 1996 assigned to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the territory and it expressed the hope that the new structure would enhance progress in the application of the Convention.

The Committee notes that in its observations the Latin American Confederation of Labour Inspectors alleges the absence of inspection services in several provinces of the country (Article 4), the absence of correspondence between the remuneration of labour inspectors and that of other civil servants having lower or equal responsibilities (Article 6), the absence of adequate training of labour inspectors for the performance of their duties (Article 7, paragraph 3), the inadequacy of the number of inspectors, of the frequency of inspection visits (Articles 10 and 16), and non-reimbursement of travelling expenses to labour inspectors (Article 11). It also alleges that the Superintendency of Risks at Work is not performing its functions efficiently and does not take into consideration prevention of accidents (Articles 8, 10, 13, 14 and 16). The Committee hopes that the Government will provide its comments on these allegations as well as information on the status, rights and responsibilities of the inspectors of the Superintendency of Risks at Work.

3. With reference to previous observations by the Union of United Maritime Workers (SOMU) concerning the enforcement of legal provisions relating to conditions of work and the protection of workers, the Committee notes the agreement signed among different administrations and trade unions for an integrated and coordinated plan of port and maritime inspection, whose first phase was executed in December 1997. The Committee hopes that the Government will provide information on any further labour inspection activities undertaken in the framework of this plan.

4. The Committee addresses a request directly to the Government on certain other points.

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1. The Committee notes Decree No. 772/96 of 15 July 1996 which assigns to the Ministry of Labour and Social Security the functions of supervision and central authority for labour inspection throughout the national territory (section 1). It notes that in exercise of these functions, the ministry shall ensure that the various inspection services in the country comply with the standards governing them and, particularly, with the requirements of Conventions Nos. 81 and 129, and shall exercise the other functions assigned to the central authority by the Conventions (section 1(a) and (b)).

The Committee recalls that in its previous commentaries it noted that it had not received an annual report on the activities of the inspection services since 1984 and expressed the hope that such a report would be transmitted to the ILO within the time-limit set by Article 20 and that it would contain all the information required by Article 21.

The Committee hopes that the new structure will make it possible to progress in the application of the Convention in general and of Articles 20 and 21 in particular. The Committee requests the Government to keep it informed in this respect.

2. The Committee notes the observations made by the Union of United Maritime Workers (SOMU) of 2 November 1995 and 31 May 1996 relating to communications received previously from the same organization to which the Committee had referred and which concern the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make its comments on the allegations, taking into account that the labour inspectors shall secure the enforcement of such provisions as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 3, paragraphs 1(a) and 16).

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Article 10 of the Convention. The Committee notes that the Department of Inspection employs 33 inspectors not divided by categories and that 22 out of 23 provinces have their own staff of labour inspectors. It would be grateful if the Government would indicate which province does not have its own staff of labour inspectors and how labour inspection is ensured there. Please also supply details on the number of inspectors of different categories by province, including inspectors to whom special or technical functions may be assigned.

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.

The Committee refers to the observations made by Unique Workers' Central (CUT) of Brazil dated 25 February 1993 concerning the conditions of work of Brazilian workers engaged in the building of a Carrefour supermarket in La Plata, Argentina. The Committee notes that on 30 May 1994 the CUT withdrew its observations and indicated that the said conditions had improved. The Committee would be grateful if the Government would supply particulars on any inspections which confirm improvements in the conditions of work at the construction site of Carrefour in La Plata.

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The Committee notes the information supplied by the Government in answer to its previous comments.

Article 10 of the Convention. The Committee notes that the 33 inspectors mentioned in the Government's previous report referred to the number of inspectors of the National Occupational Safety and Health Directorate and that in addition 38 inspectors work at the National Labour Inspectorate. The Committee also notes that at present the 23 provinces of Argentina have their own inspection services and that detailed information on each of them is being collected in order to be inserted next year in the annual inspection report to be compiled and published, in accordance with Articles 20 and 21.

The Committee notes the observations made by the Union of United Dock Workers of Argentina of 5 September 1995 referring to the non-compliance with certain legal provisions relating to conditions of work and the protection of workers. The Committee requests the Government to make such comments as it considers appropriate in this regard, taking into consideration that the primary duty of the labour inspectors is to secure the enforcement of such provisions through sufficiently frequent and thorough visits to workplaces liable to inspection (Articles 3, paragraph 1(a), and 16).

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Article 6 of the Convention. Further to its previous comments, the Committee notes that, according to the Government's report, the change of government does not affect the stability of employment of labour inspectors and that such stability of employment would be legally protected within the National System of the Administrative Profession (SINAPA). The Committee would be grateful if the Government would provide full details on SINAPA indicating how the requirements of this provision of the Convention are met in law and practice.

Article 20. The Committee notes the Government's reply that there is no general information available concerning the activities of the inspection services as the coordination of such activities has been decentralized by virtue of the framework agreement concluded between the central Government and the provinces. It recalls that this provision of the Convention requires the central inspection authority to publish an annual general report on the work of the inspection services under its control; "central authority" meaning either a federal authority or a central authority of a federal unit (Article 4, paragraph 2). It recalls that no annual labour inspection report has been received since 1984. The Committee reiterates its previous comments that, in the absence of annual inspection reports that provide the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee urges the Government to indicate the measures taken or envisaged in this regard.

Article 21. The Committee notes the information provided by the Government in its report that corresponds to the information required by this Article of the Convention. It points out to the Government that this information should be included in the annual report referred to above, which should also provide details concerning the inspection staff of each province (subparagraph (b)); the statistics of workplace liable to inspection and the number of workers employed therein (subparagraph (c)); statistics of inspection visits, violations and penalties imposed, industrial accidents and occupational diseases for each province (subparagraphs (d) to (g)).

The Committee is also addressing a direct request to the Government concerning other matters.

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Article 6 of the Convention. The Committee notes the text of Decree No. 993/91 on the National System of Administrative Profession (SINAPA) adopted in accordance with Act No. 22.140, of 10 January 1980, supplied by the Government in response to the Committee's previous request in connection with the application of this Article of the Convention.

Articles 20 and 21. The Committee notes the information provided by the Government in its report which indicates that the National Inspectorate has taken measures to obtain detailed data collected by the provinces through the Federal Council of Provincial Labour Administrations in order to publish an annual inspection report as of next year. The Committee hopes that such a report will be transmitted to the ILO within the time-limits set by Article 20 and that it will contain all the information required by Article 21.

The Committee is also addressing a request directly to the Government concerning other matters.

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The Committee notes the information provided concerning Article 3, paragraphs 1(b) and (c) and 2, of the Convention.

Article 2, paragraph 2. Please describe labour inspection arrangements in mining and transport undertakings.

Articles 10 and 16. Further to its previous comment, the Committee notes that from the statistics provided it appears that the number of inspectors has dropped considerably since the Government indicated in 1988 in its report on Convention No. 129 that there were 212 nationally plus others in the regions. It would be grateful if the Government would clarify by providing the information requested in the report form relating to these Articles.

Article 11, paragraphs 1(b) and 2. Further to its previous comment, the Committee notes the information provided. It would be grateful if the Government would 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 requirement 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. Also, please provide copies of regulations authorising the arrangements made for transport facilities such as reimbursement to inspectors for the cost of transport.

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Article 6 of the Convention. Further to its previous comments, the Committee refers to the observations of the Argentine Association of Labour Inspection concerning problems in guaranteeing the stability of employment of inspection staff. The Committee recalls that inspection staff should enjoy a status and conditions of service assuring stability of employment and independence of changes of government and improper external influences. It hopes the Government will give details of how these requirements are met in practice.

Articles 20 and 21. The Committee notes that no annual report on the activities of the inspection services has been received by the ILO since that for 1984, produced following a direct contacts mission. The Committee also notes that further technical cooperation has been provided by the ILO in relation to labour inspection. In its comments, the Committee has for years expressed its hope that certain reorganisations and legislative initiatives would remedy the difficulty posed by the conduct of some inspections by provincial authorities and make possible publication of the necessary annual report by the federal authorities. In the absence of the practical information called for by the Convention, it is impossible to evaluate the application of the Convention or to determine what further measures need to be taken in order to ensure that workplaces are inspected as often and as thoroughly as necessary in compliance with Article 16. The Committee would be grateful if the Government would indicate the measures proposed in this regard.

A number of other comments have been made directly to the Government.

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Article 3, paragraph 1(b) and (c), of the Convention. The Committee asks the Government to indicate the provisions of laws or regulations conferring on the labour inspection services the functions set out in these provisions of the Convention.

Article 3, paragraph 2. If labour inspectors are entrusted with duties other than those provided for in paragraph 1, please specify the nature of such duties and indicate the measures taken to ensure that they are performed in the conditions laid down by this provision of the Convention.

Article 6. With reference to its previous direct requests, the Committee regrets to note that the Government has not yet transmitted its comments on the observations presented by the Argentine Association of Labour Inspection in 1986 concerning stability of employment of inspection staff. The Committee trusts that the Government will not fail to provide relevant information to enable it to examine the matter at its next session.

Article 10. The Committee asks the Government to indicate the number of labour inspection staff and to provide information on the number of inspectors in each class, stating which inspectors have technical or special duties, and on the geographical distribution of the inspection services (unless this information is contained in the annual inspection report).

Article 11, paragraph 1(b) and (c). Please provide information on the transport facilities made available to inspectors and indicate the legislative or regulatory measures taken to reimburse to labour inspectors any travelling and incidental expenses which may be necessary for the performance of their duties.

Articles 20 and 21. In reply to the Committee's previous comments, the Government states that it will examine the possibility of centralising statistical data, which should enable information on all the points listed at Article 21 to be included in annual inspection reports. The Committee recalls that it attaches great importance to annual inspection reports and expresses the hope that all future reports will be published and transmitted to the ILO within the time-limits laid down by Article 20.

The Committee takes note of a communication from the Central Union of State Petroleum Workers (SUPE) complaining of the unhealthy working conditions at the State Petroleum Company's La Plata refinery, and of the Government's reply concerning the measures taken by the National Directorate for Health and Safety at Work to remedy the situation.