Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 3) sur la protection de la maternité, 1919 - Argentine (Ratification: 1933)

Autre commentaire sur C003

Observation

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Demande directe

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Articles 2 and 4 of the Convention. Scope of application and protection of employment. In its previous comments relating to the observations from the Confederation of Workers of Argentina (CTA) concerning employment protection for certain categories of workers, the Committee asked the Government to examine the possibility of including in the national legislation the necessary additional safeguards in order to give better effect to the Convention with respect to women workers in domestic service and agriculture. The Committee notes with satisfaction the adoption of Act No. 26844 of 13 March 2013 establishing special regulations governing employment contracts for domestic workers and Act No. 26727 of 21 December 2011 establishing regulations for work in agriculture. The aforementioned laws establish protection against wrongful dismissal for women on maternity leave, with the subsidiary application of the Act relating to employment contracts (sections 40 and 50, respectively).

Article 3(d). Nursing breaks. In its previous comments relating to the observations from the CTA, the Committee drew the Government’s attention to the practical difficulties of applying the provisions relating to nursing (breastfeeding) in the workplace. The Committee notes with satisfaction the adoption of Act No. 26873 of 3 July 2013 concerning the promotion of breastfeeding, section 4(s) and (t) of which provide for the promotion of regulations needed for the protection of nursing working mothers and the establishment of nursing facilities at the workplace. The Committee also understands that the Bill giving mothers who are breastfeeding the choice between daily breaks or a reduction in daily working hours has been adopted. The Committee requests the Government to confirm this information and to send a copy of the adopted Act.

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