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

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The Committee notes the observations of the General Confederation of Labour of the Argentine Republic (CGT-RA), received on 23 August 2022.

Article 3 of the Convention. National policy. The Committee notes with interest the Government’s indications in its report that the Chamber of Deputies adopted, in August 2023, a majority ruling in favour of a Bill on equal parental leave and allowances, which provides for legislative amendments to: (1) extend the grounds for special leave (for example, for the care an ill family member, dependent or close friend, the school adjustment period for children in kindergarten, pre-school and first grade, attendance at adoption proceedings, termination of pregnancy, and the use of assisted reproduction techniques); (2) increase the leave for pregnant persons to 126 days and the leave for non-pregnant persons who have a child to 45 days, and establish leave of 126 days for adoptive persons, with the possibility to extend these periods of leave to 180 days in the case of the birth or adoption of a child with disabilities or chronic illness; (4) establish a presumption of dismissal due to pregnancy, birth, adoption, use of assisted reproduction techniques, or marriage or civil partnership, if the dismissal occurs within the specific periods for these situations; (5) extend the application of several provisions that are currently only for women who have a child (such as the option to take leave of absence or the right to return to work) to pregnant, non-pregnant and adoptive persons; (6) allocate parental allowances to self-employed workers and contributors to the single tax scheme (monotributistas); (7) extend parental and care leave to regimes for domestic workers in private homes and for temporary agricultural personnel; and (8) include months of leave of absence in the calculation of pensions and retirement payments. The Government also refers to: (1) the creation of an inter-ministerial taskforce on care policies (Administrative Decision No. 1745/2020), responsible for coordinating and reorienting care-related actions and policies from a gender perspective; and (2) the universal child allowance, indicating that this allowance covers families in which the mothers and/or fathers work as unregistered wage earners or are self-employed in the informal sector, are unemployed or work in private homes, or are contributors to the single tax scheme. The Committee also notes the observations of the CGT-RA, according to which, while there is currently a legal framework that regulates, in a dispersed manner, some aspects of the balancing of work, family and personal life, it does not cover all aspects of the Convention, and there are disparities regarding access to leave in the public sector and for workers in the informal economy. The Committee requests the Government to provide: (i) information on the progress made in the adoption of the Bill on equal parental leave and allowances, and particularly on the extension of the different types of leave for family reasons to all workers; and (ii) a copy of the text once adopted. It also requests the Government to provide information on the policies adopted by the inter-ministerial taskforce on care policies.

Article 4.Equality in terms and conditions of employment. The Government reports that: (1) the Employment Promotion Programme 2022 considers persons with dependant minors as priority in terms of access to incentives or allowances for the development of their career; (2) measures were adopted to justify the non-attendance at work of workers with family responsibilities during the temporary closure of schools due to the COVID-19 pandemic; and (3) Act No. 27.225 provides for the interruption of working time during telework for reasons related to the provision of care. Furthermore, the Committee recalls that, in its previous comments, it suggested that Act No. 24.716 of 1996 be amended to allow for the special leave for mothers with a child born with Down’s syndrome to also be applied to fathers. In this regard, the Committee observes that the Bill on equal parental leave and allowances proposes the repeal of this Act and, in parallel, the amendment of section 158 of the Employment Contracts Act to establish special leave for “all persons who work” for the care or attention of a family member or dependant with disabilities. In order to evaluate the impact of the different measures adopted, the Committee requests the Government to provide information, disaggregated by sex, on: (i) the impact of Employment Promotion Programme on the income of workers with family responsibilities in the labour market; and (ii) the number of workers benefiting from the various measures on leave and flexible working hours for the provision of care.

Article 5. Childcare and family services. The Government indicates that: (1) under the National Early Childhood Plan, new early childhood centres have been established and the existing ones have been strengthened; (2) in 2021, the Care Infrastructure Programme was adopted (Resolution No. 252/2021) to extend and bolster existing services, as well as the Programme on the infrastructure of childhood development centres (Resolution No. 59/2021), which seeks, inter alia, to expand the availability offered by such centres and reverse existing inequalities in terms of time available for activities other than caregiving, which mainly affect women; and (3) the Federal Care Map was created, which is a web portal that enables the public to search for the availability of centres and services for early childhood, older persons and persons with disabilities. Concerning agricultural workers, the Government states that, through the Buena Cosecha (Good Harvest) Programme, centres (Buena Cosecha centres) in which dependent children under 18 years of such workers are cared for and kept safe continue to be created and strengthened (107 centres in 2021 and 148 in 2022), and that agreements were signed with several enterprises in the sector. The Committee also notes with interest that, according to the Government, under section 179 of the Employment Contracts Act and its implementing regulations (Decree No. 144/2022), establishments with more than 100 employees must provide childcare facilities for dependent children aged from 45 days to three years of age inclusive, of workers during their working hours. The Committee observes that, according to section 3 of the Agricultural Labour Scheme, the Employment Contracts Act is applicable to workers engaged in fruit harvesting and/or packing. The Committee also notes the CGT-RA’s indications in its report that the Cuidar en Igualdad (Caring in Equality) Bill includes the requirement for the Ministry of Public Works to allocate at least 8.5 per cent of its budget to the expansion of public care infrastructure. The Committee welcomes the numerous measures adopted by the Government and requests it to provide information on the impact of these measures on the labour market participation of workers with family responsibilities.

Article 6. Awareness-raising measures. The Government refers to various awareness-raising campaigns such as the Cuidar en Igualdad national campaign, which seeks to recover existing knowledge, know-how and practices related to care for the formulation of policies and to raise awareness on care, and the platform Calculadora del Cuidado (Care Calculator) to calculate the duration and economic contribution of domestic and care tasks. The Committee notes this information.

Article 7. Vocational guidance and training. The Government refers to a series of measures such as the promotion of childcare facilities in vocational training institutions when those institutions offer in-person training courses, the collaboration of the National Directorate for Lifelong Learning with the National Secretariat for Children, Young Persons and Family to design a comprehensive policy, and prioritize young persons with dependent children in the allocation of places on career guidance and vocational training courses. The Committee requests the Government to provide information on the number of persons with family responsibilities who benefit from these measures, disaggregated by sex.

Article 11.Participation of workers’ and employers’ organizations. The Government indicates that, in the context of the Cuidar en Igualdad national campaign, territorial hubs for dialogue on care were established in order for the different stakeholders involved in the local organization of care to exchange experiences and strategies, identify local needs and demands, raise awareness, jointly develop minimum agreements, and propose and prioritize joint action to reverse the feminization of care. The Committee also notes the CGT-RA’s indications that the establishment of special leave was addressed in several collective agreements in 2019 and 2020. The Committee notes this information.

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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.

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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 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.

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Article 3 of the Convention. The Committee notes the Government’s indication that the Unemployed Heads of Household Programme of 2002, to which it referred in its previous report, has gradually been replaced by other programmes. In this respect, the Government indicates that 31 per cent of the beneficiaries have ceased to receive assistance due to their entry into the labour market, 14 per cent no longer receive benefits because their children have reached the age of majority, 7 per cent have joined the training and employment insurance scheme, 10 per cent have registered under the system of universal child allowances and 22 per cent have opted for the Family Programme for Inclusion. The Government indicates that universal child allowance has been received by 3,200,000 parents. It also refers to the More and Better Work for Youth Programme, which is intended for young persons between 18 and 24 years of age with a low educational level, low income and little work experience. In the context of this programme, places are financed in municipal crèches for young parents and the continuation in work of young pregnant women is promoted. The Government adds that the Coordination Unit for Gender Equity and Equality of Opportunities (CEGIOT), of the Ministry of Labour and Social Security, promotes the inclusion in collective agreements of provisions on gender equity and the reconciliation of family and working life, for which a guide to proposed clauses for inclusion in collective agreements has been produced and workshops are held with the social partners. The Committee requests the Government to continue providing practical information on the implementation of these plans and programmes in practice and their impact on the application of the principles of the Convention.

Article 4. The Committee notes the Government’s reference to the Network of Employment Services, which coordinates all local strategies for the implementation of national employment programmes. In the context of the Network, 350 employment offices have been established to promote gender equity, provide vocational guidance and supply information on crèches and other childcare facilities. With regard to the amendment of section 183 of Act No. 20744 on benefits for mothers with sick children to extend the benefits to fathers, the Government indicates that a draft amendment to this effect exists. The Committee requests the Government to continue providing information on the operation of the Employment Services Network, and particularly the tangible measures envisaged in the context of the Network to establish effective equality of opportunities and treatment between men and women workers, and particularly those with family responsibilities. The Committee also requests the Government to provide information on any progress relating to the draft amendment of section 183 of Act No. 20744 with a view to extending to fathers the benefits envisaged for mothers with children who have disabilities.

Article 5. The Committee notes the Government’s indication that according to the document “Gender equity in post-convertibility collective bargaining”, 56 collective agreements concluded during the period 2003–07 in sectors such as telephones, health and public administration in which childcare services are established or allowances are provided for this purpose. The Government indicates that in a significant percentage of cases childcare allowances are paid to women workers, with the exception of the national administration, in which there is no distinction between men and women. The Government also refers to the “Buena Cosecha” programme in the Province of Mendoza, which consists of play centres and educational centres for the children of temporary workers in the vineyards. According to the Government, attempts are being made to implement these programmes in other provinces. The Government also provides a list of the practical measures to reconcile family responsibilities and work life adopted by enterprises, including: breast-feeding facilities, childcare allowances and telework systems. The Committee requests the Government to continue providing information on the practical measures, compatible with national conditions and possibilities, adopted to take account of the needs of workers with family responsibilities, and particularly to extend to fathers the benefits and allowances already available to mothers.

Article 6. The Committee notes the Government’s information on training workshops on workers with family responsibilities held by certain private enterprises, and on the preparation of educational materials to be distributed to teachers and trainers, as well as the preparation of training courses containing evaluation mechanisms. The Committee requests the Government to continue providing information on the training activities carried out to achieve broader understanding by society concerning the problems of workers with family responsibilities.

Article 7. The Committee notes that the Government refers to the Labour Insertion Programme (PIL), which offers financial incentives to enterprises which recruit persons covered by the Training and Employment Insurance Scheme and the More and Better Work for Youth Programme. The Government also refers to other initiatives in the provinces for the employment of unemployed women and the training of women with a view to their integration into the labour market. The Committee requests the Government to continue providing information on any other measures related to the application of this Article.

Article 11. While noting the action undertaken by the Tripartite Committee for Equality of Opportunities and Treatment (CTIO), the Committee requests the Government to continue providing information on the various measures intended to give effect to the provisions of the Convention that are adopted in collaboration with employers’ and workers’ organizations.

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1. The Committee notes that the Government’s report provides information on the application of the Convention but that, in general, it does not provide the information requested by the Committee in its previous direct request. The Committee hopes that the Government in its next report will respond to all the comments made by the Committee.

2. Article 3 of the Convention. The Government indicates that the principle instrument to address the national economic and social crisis was the Unemployed Heads of Household Programme of 2002, which benefited men and women workers with family responsibilities. The Committee would be grateful if the Government would provide indications on the elements of its national policy intended to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities. The Committee also requests the Government to provide information on any new plans that may exist in this respect and their implementation so that it can assess the impact of the Convention not only in law, but also in practice.

3. Article 4(a). The Committee notes that the Government refers in its report, as a central element of its policy, to the Network of Employment Services which is responsible for providing services to promote access to employment policies that are appropriate to the needs of men and women heads of household. Please continue to provide information on this subject including information on the outcomes of the policies pursued by these services. Bearing in mind that Article 4(a) refers to the right to free choice of employment, please also provide information, including research and statistics relating to the sectors of employment to which men and women workers with family responsibilities have gained access through the Network of Employment Services.

4. Article 4(b). In its previous direct request, the Committee noted that section 183 of Act No. 20744 regulates the benefits available to mothers with sick under-age dependent children. The Committee proposed that the above section should be amended so that it would apply equally to fathers and mothers engaged in work. Recalling that this Convention addresses not only equality of workers with family responsibilities in relation to those without such responsibilities, but also equality between men and women workers with family responsibilities, the Committee once again suggests that the above section be amended and requests the Government to provide information on whether and to what extent men workers with family responsibilities are entitled to request leave for the purposes of fulfilling their family responsibilities within the meaning of the Convention.

5. Article 5. The Committee once again requests the Government to provide detailed information on community childcare and family services and establishments. It also reiterates its request for information on the sectors in which collective agreements provide that employers shall furnish childcare services or, in their absence, compensation in cash.

6. Article 6. The Committee notes the information provided by the Government concerning the programme “Building the Future with Decent Work”. The Committee would be grateful if the Government would provide specific information on the training and education activities undertaken to achieve public understanding of the problems of workers with family responsibilities.

7. Article 7. The Committee notes that the Labour Reform Act No. 25877 of 2004 provides in section 6 that enterprises which fulfil certain conditions and achieve a net increase in the number of women employees shall benefit from reductions in their social security contributions for each new worker and that the exemption shall be greater in the case of men and women beneficiaries of the Heads of Households Programme. It further notes the various measures undertaken by the Ministry of Labour in the fields of vocational training and second-chance education, as well as the establishment in 2006 of the non‑contributory employment and training insurance scheme as a fundamental pillar of an active policy to promote employment and vocational training. The scheme is intended for unemployed workers who wish to improve their employability and to achieve integration into the labour market. As a first stage, the scheme was open to beneficiaries of the Heads of Households Programme. Please continue providing information on any measures related to the application of this Article.

8. Article 8. The Committee reiterates its previous request relating to this Article in which it asked to be provided with practical information on the application of section 183 of Act No. 20744 with an indication, among other data, of the percentage of cases of the reintegration in employment of workers who had taken leave on account of family responsibilities.

9. Article 11. Participation of employers’ and workers’ organizations. The Committee notes that, according to the report, employers’ and workers’ organizations participate at the local level in agreements for the preparation of local development strategies and at the sectoral level through the Sectoral Training Plans. They also participate with other actors not only in the National Advisory Council on Social Policy, but also in the Tripartite Committee for Equality of Opportunities and Treatment (CTIO). The Committee requests the Government to provide information on the action taken by the CTIO specifically in relation to the application of the Convention and to indicate any activities carried out by the CTIO to harmonize its proposals with the National Plan to Combat Discrimination of 2005.

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1. The Committee notes the report and its annexes sent by the Government, in particular the full information on the legislation regarding family allowances. With respect to its earlier comments regarding positive action, it notes the creation of competent bodies in the field, action plans and implemented or planned training courses. It also notes with interest various actions undertaken in respect of the Convention such as, for example, the Federal Plan for Women (1999-2000) carried out by the National Council for Women with funds from the Inter-American Development Bank, which aims to reinforce the position of women at national, provincial and municipal levels. Inter alia, it notes the Ministry of Labour and Social Security Decision No. 463 of 23 July 1998 which establishes in its section 1, under the auspices of the labour secretariat, a technical coordination unit for equality of opportunities at work, with responsibilities which include carrying out focused studies into equality of opportunity and treatment for workers with family responsibilities. Please provide information on these plans and studies, and submit copies thereof, as well as information on the measures or programmes adopted as a consequence of the plans and studies, and on all other action undertaken by the technical coordination unit mentioned above in relation to the principle of the Convention.

2. Article 4(a) of the Convention. Noting that the Ministry of Labour and Social Security is developing employment programmes which aim to promote employment opportunities among the groups with the greatest difficulties in entering and remaining in the labour market, the Committee requests information on the real and long-term impact of these programmes in reducing the unemployment rate among workers with family responsibilities. The Committee also requests information on the process of transformation of costs to which reference was made in its previous comments on this Article.

3. Article 4(b). The Committee notes that under Act No. 24716, of 23 October 1996, a woman employee who gives birth to a Down’s syndrome child shall be entitled to six months of leave without pay, but with benefits until completion of the period of prohibition from work on the grounds of maternity, with the amount of the benefits being equal to the remuneration she would have received had she been working. While noting this provision with interest, the Committee suggests that consideration be given to the possible revision of the text, whereby such leave may be taken by the working mother or working father. Similarly, it observes that section 183 of Act No. 20740 regarding temporary leave without pay, provides that a mother certified as caring for a sick, under-age child may receive compensation for length of service or for temporary leave without pay as envisaged under paragraphs (b) and (c) of the section cited above. Observing that section 183 only applies to women workers, and that it is therefore not strictly in alignment with the Convention, the Committee suggests amending the section to apply equally to male and female workers. In this connection, please supply information on opportunities for workers with family responsibilities to request other types of leave of absence for the purposes of fulfilling such responsibilities.

4. Article 5. The Committee notes from the report of the Coordination Unit for International Affairs that section 179 of the Act on Labour Contracts, of 1976, is not applied, since no regulations have been provided for it. This section determines that in establishments where the minimum number of women workers determined by the regulations are working, the employer shall provide nursing rooms and childcare for children up to a certain age and under conditions to be fixed later. Given that the Convention is applicable to men and women workers with family responsibilities, the Committee suggests consideration of the possibility of extending this benefit to working fathers. It also requests information as to whether regulations to govern this section of the Act are envisaged and wishes to be kept informed on progress in respect of such regulations. Given that this section is not applicable since it lacks regulations, and that no detailed information has been communicated as to the real conditions of community childcare and family services, the Committee repeats its request for such information.

5. The Committee further notes from an annex to the report that there are sectors which, in their collective labour agreements, make it obligatory for employers to provide childcare facilities or, in their absence, to provide compensatory payments. It requests information on the sectors in which collective agreements regulate such rights, with copies of the relevant texts.

6. Article 6. Please supply a description and copies of the material used to promote wider understanding of the problems of workers with family responsibilities.

7. Article 7. The Committee notes the information provided by the Government regarding workshops and seminars on the subject of equality carried out with the technical assistance of the ILO, and on a project drawn up within the framework of technical cooperation with the Spanish Ministry of Labour and Social Affairs, on the development of instruments to promote equality of opportunities in employment for women with low incomes and on re-entry to the labour market. Please supply information on the results of this project as regards the aspects covered by the Convention.

8. Article 8. The Committee notes the report of the Coordination Unit for International Affairs, which refers to sections 221 and 247 of Act No. 20744, under which, in case of suspension and dismissal, such action shall be taken first in respect of workers with fewer family responsibilities. Having taken note in paragraph 3 above that section 183 of the text cited, which regulates temporary leave without pay in conjunction with sections 184 and 185, provides for compensation to the mother for length of service and temporary leave without pay, where the mother is certified as caring for a sick, under-age dependent child, it notes that under section 184, where the working mother taking temporary leave without pay for family reasons is not reintegrated in employment, she shall be compensated as in cases of unjustified dismissal. The period of leave without pay shall not be taken into account in calculating length of service. The Committee requests information on the practical application of this section, including details regarding the percentage of established readmissions subsequent to a request for temporary leave without pay in virtue of section 183.

9. Article 11. The Committee notes with interest the establishment of the Argentine Tripartite Committee for Equality of Opportunities and Treatment in the World of Work, constituted by a Legal Agreement of 28 October 1998. Please supply information on the action developed by this Committee in elaborating and applying measures adopted to give effect to the provisions of the Convention.

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Article 4(b) of the Convention. With regard to its previous comments, the Committee notes with satisfaction the promulgation of Act No. 24.714, of 1996, establishing a new family allowance system. Act No. 18.017 - which had given rise to the Committee’s comments - is repealed by section 25 of Act No. 24.714, as are its amendments, as well as Decrees Nos. 770/96, 771/96 and 991/96. The new system introduces important changes, in that the same entitlement to receive allowances for men and women workers is recognized under it, as compared with the previous repealed system, which identified the man as principal beneficiary and which the Committee had indicated was not strictly in conformity with the Convention. The new system is governed by the above Act, by Decree No. 1245/96 and by Social Security Secretariat Decisions Nos. 112/96, 16/97 and 88/97. Under these provisions, where both parents are employed, or are beneficiaries of the integrated system for retirement and pensions or of unemployment insurance, family allowances may be claimed by the person who would benefit from the highest allowance.

The Committee is sending a request regarding other points directly to the Government.

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The Committee notes the information supplied by the Government in answer to its previous direct request, concerning in particular the definitions referred to in Article 1 of the Convention.

1. Article 3. The Committee notes article 75(23) of the new Constitution of 22 August 1994, which provides that the State shall legislate and promote affirmative action to ensure real equality of opportunity and treatment and the full enjoyment and exercise of the rights laid down in the Constitution and in international human rights treaties, particularly concerning children, women, old people and persons with disabilities. The Committee asks the Government to state what positive action it intends to take with regard to its national policy to promote equality for workers - both men and women - with family responsibilities.

2. Article 4, paragraph (a). The Committee notes the Government's statement that in practice workers are free to choose their employment and that equality between men and women as regards leave has now become a necessity and the introduction of such equality is being studied and, according to the report, "will have to be adapted to the process of transformation of costs". The Committee asks the Government to report on progress in this area and explain the above-mentioned "process of transformation of costs".

3. Paragraph (b). In its previous direct request the Committee asked the Government to provide information on a possible amendment of section 7 of Decree No. 18017 of 1984, to ensure that men and women workers had the same entitlements to allowances. The Committee notes the Government's statement that with regard to entitlement to family allowances, where both spouses work, only one of them receives the family allowance and it is the father unless he is unemployed or self-employed, in which case it is the mother. Noting that legislative provisions which refer to the man - rather than men and women workers - as first beneficiary are not strictly in conformity with the Convention, the Committee asks the Government in its next report to provide information on the measures taken or contemplated to establish the same entitlements for men and women workers in respect of allowances.

4. Please describe the measures taken to enable working fathers better to reconcile their family and occupational responsibilities by means of systems such as flexible working time, job-sharing, parental leave, etc.

5. Article 5. The Committee notes the Government's statement that the existing legislation specifies the conditions and requirements for encouraging child care within the community, in accordance with the number of workers, distances and particularities. It asks the Government to provide particulars of the real conditions and needs of the country (e.g. number of child care centres in cities and rural areas, their distribution, requests for more or better quality centres, etc.).

6. Article 6. The Committee notes the Government's statement on the various programmes linked to national and provincial campaigns for the promotion of employment and the dissemination of information on family allowances. It asks the Government to provide more detailed information on these programmes in its future reports and to send, if possible, copies of publications used.

7. Article 7. The Commission notes with interest the Government's statement that there is no discrimination based on sex in the various programmes for the promotion of employment. It notes in particular the information on the return-to-work programme which includes specific training for the unemployed and has 21,205 beneficiaries. With regard to measures to encourage workers with family responsibilities to become and remain integrated in the labour force, and to re-enter the labour force after an absence due to those responsibilities, it asks the Government to provide more detailed information in its next report on the participation in the above programmes of both men and women with family responsibilities.

8. Article 8. The Committee notes the Government's statement that, although in Argentina there is relative stability in employment relationships, i.e. subject to prior payment of compensation employers may terminate the employment relationship at their discretion, the Act on Labour Contracts (Decree No. 390 of 1976, amended in 1991) protects, in the event of dismissal or suspension, men and women workers with family responsibilities, and establishes an order of priority. The Committee asks the Government to provide more details on this order of priority and to state whether any other measures to provide workers with such protection are being contemplated.

9. Part III of the report form. The Committee again asks the Government to provide information on the supervisory authorities and enforcement mechanisms, particularly the Labour Inspectorates' activities, which are involved in giving effect to the provisions of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. The Committee would be grateful if the Government would provide information on how the terms "dependent children" or "other members of their immediate family who clearly need care or support" are defined for purposes of applying the provisions of the Convention, as distinct from the existing definitions utilized for example, for taxation purposes.

Article 2. The Committee requests the Government to provide information on how the Convention is applied to all branches of economic activity and all categories of workers.

Article 3. The Committee notes that in its report the Government refers to article 14bis of the Constitution, which provides for the protection of the worker and his/her family, and to legislative provisions aimed at guaranteeing women protection and benefits in relation to pregnancy and maternity. Referring to paragraphs 22 to 31 of its 1993 General Survey, the Committee observes that the aim of the Convention is not to pursue a general "family policy" or to protect maternity, but rather to create equality of opportunity and treatment in employment for workers with family responsibilities within the wider framework of measures to promote equality between the sexes. The Committee requests the Government to provide information on the measures taken or contemplated to adopt a national policy, beyond the constitutional protection of the family and the protection of maternity to enable workers with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities, in accordance with Article 3 of the Convention. In this connection, it refers to Chapter II of its 1993 General Survey in which it clarifies the requirements of the Convention in regard to national policies and gives examples of such policies.

Article 4, paragraph (a). The Committee requests the Government to provide detailed information on specific measures taken or contemplated to enable workers with family responsibilities to exercise their right to free choice of employment.

Paragraph (b). 1. The Committee notes that male and female public servants are entitled to different terms and conditions of employment as regards leave (available to a male civil servant upon the death of his wife under section 10(i) of Decree No. 3413 of 28 December 1979, available to working mothers under section 183 of the Employment Contracts Act, and to female civil servants to care for an adopted child under section 10(h) of Decree No. 3413). It accordingly asks the Government to take measures to amend the legislation so that men and women workers with family responsibilities are entitled to leave on an equal basis. It also asks the Government to indicate whether section 7 of the Consolidated Text of Decree No. 18017 of 24 December 1984 (which provides a spouse allowance for a man worker even if his wife is employed, but only grants such an allowance to a woman worker if her lawful dependent husband is unable to work), has been or will be amended to accord the same standards of eligibility for the spouse allowance for both men and women workers.

2. The Committee also requests the Government to supply information on measures which have been taken or are contemplated (in addition to unpaid post-natal leave available to working mothers and the special leave for civil servants to care for dependent children or other family members), to enable working parents in both the private and public sectors to better integrate their work and family responsibilities, such as flexible work schedules, job sharing and entitlements to leave specifically labelled "family" or "parental" leave.

Article 5. The Committee requests the Government to provide information on the measures taken or contemplated to establish or develop at the community level, public or private child-care and family services and facilities to assist workers in reconciling their work and family responsibilities.

Article 6. The Committee requests the Government to provide in its next report information on any public information and education activities that have been undertaken to foster a broad understanding of the principle of equality and treatment for men and women workers and of the problems encountered by workers with family responsibilities, as well as an environment conducive to implementing solutions to such problems.

Article 7. The Committee requests the Government to supply information on whether and how the Ministry of Labour and Social Security has taken or will take into account the principle of equality and treatment for men and women workers and the needs of workers with family responsibilities with respect to its mandate to promote employment and training of unemployed workers set forth in sections 128-130 of National Employment Act No. 24013 of 5 December 1991. The Committee also requests the Government to provide information on whether any services exist for 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. In this regard, it requests the Government to supply detailed information on any provisions establishing vocational training facilities, paid educational leave, vocational guidance, counselling or information and placement services for both men and women workers who have left the workplace temporarily to take care of family responsibilities.

Article 8. The Committee requests the Government to supply information on any measures, including any relevant judicial decisions, that specifically protect workers in both the private and public sectors against dismissal, suspension or other disciplinary action for having taken care of family responsibilities.

Article 9. The Committee requests the Government to provide copies of any collective agreements, as well as court decisions, so that it can assess the practical application of the provisions of the Convention.

Article 11. The Committee requests the Government to indicate in its next report the manner in which employers' and workers' organizations participate in the administration and application process of implementing the provisions of the Convention.

Part III of the report form. The Committee requests the Government to provide information on the supervisory authorities and enforcement mechanisms, particularly the Labour Inspection Service's activities, with respect to the application of the Convention.

Part V of the report form. The Committee would be grateful if the Government would supply in future reports any general observations regarding the application of the Convention, including for example reports, studies and inquiries, as well as any available statistics on the number and breakdown of sex of workers with family responsibilities who are employed or are seeking work.

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The Committee notes the information contained in the Government's first and subsequent reports. It would like to draw attention to the following points:

Article 2. The Committee requests the Government to provide information on how the Convention is applied to all branches of economic activity and all categories of workers.