Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report and the comments of the United Teachers' Trade Union of Buenos Aires of March 1992, the Trade Union of United Seafarers of March 1993, and the Argentinian Congress of Workers of June 1993 concerning the restrictions on collective bargaining in various sectors (public enterprises, the maritime and education sectors, and the private sector), and in particular concerning Decree No. 1334/91 of 15 July 1991, which restricts any wage negotiations to the increase in productivity, with the exclusion of any other parameter; Decree No. 1757/90 of 5 July 1990, which permits the nullification of clauses in collective agreements which in the opinion of the State are prejudicial to the productivity and efficiency of public enterprises; Decree No. 435/90 of 4 March 1990, which fixes a minimum wage for all public activities, irrespective of whether or not they are covered by a collective agreement; and Decree No. 817/92 of 26 May 1992, which suspends the application of clauses in collective agreements or in legal contracts which establish conditions of employment which are prejudicial to productivity in the merchant navy and ports sector.

With reference to its previous comments on the obligation that collective agreements, in order to be approved, should not contain "clauses which infringe the norms of public order or standards issued in the protection of the general interest" (section 3 of Act No. 23545), the Committee regrets that the Government has confined itself to supplying information of a general nature on case-law in this respect and has not replied in a substantive manner to its questions.

The Committee recalls that a system of official approval is acceptable insofar as the approval can only be refused on grounds of form and where the clauses of a collective agreement do not conform to the minimum standards set out in the labour law. The Committee also notes with concern that in Cases Nos. 1560, 1567 and 1639, the Committee on Freedom of Association noted that, both in the public and private sectors, decrees which make it possible to waive provisions of collective agreements if they are prejudicial to productivity do not encourage the full development and utilization of machinery for voluntary negotiation of terms and conditions of employment. The Committee is bound to emphasize that interference by governments in collective bargaining over many years restricts the right of workers and employers to negotiate freely their terms and conditions of employment. The Committee emphasizes that in cases of economic difficulty, the Government should resort to persuasion rather than constraint, it being understood that the final decision in the matter rests with the parties to the agreement.

Therefore, whilst recognizing the specific features of the collective bargaining system in the country, the Committee requests the Government to inform it of any measure which is envisaged or adopted to encourage the voluntary negotiation without impediment of terms and conditions of employment in both the public and the private sectors.