Argentina Control of unregistered work in the construction industry. An experience based on social dialogue and active involvement of stakeholders

Transcription

1 Argentina Control of unregistered work in the construction industry An experience based on social dialogue and active involvement of stakeholders

2 Construction Industry System Building Industry Records and Statistics Institute - Instituto de Registro y Estadística de la Industria de la Construcción (IERIC)

3 IERIC POWERS AND RESPONSIBILITIES The Cámara Argentina de la Construcción [Argentine Building Chamber], the Unión Argentina de la Construcción [Argentine Building Union] and the Unión Obrera de la Construcción de la República Argentina [Argentine Building Workers Union], the entities most representative of sectoral interests relating to building activity in the country entered into a joint agreement (Agreement 01/96 Ministry of Employment and Social Security, UOCRA, UAC, CAC) with the aim of establishing the Building Industry Register - Registro de la Industria de la Construcción (IERIC).

4 IERIC LEGAL NATURE Legal nature of the IERIC Non-state public entity Established by law. Pursues public purposes. Enjoys certain prerogatives of public power. The state authority acts as comptroller over its activities. Acts together with the state and in cooperation with it, but constitutes a separate authority.

5 Require business employees to display the employment documentation required by Law No and regulatory and supplementary rules and/or amendments thereof. IERIC POWERS AND RESPONSIBILITIES Main duties for which IERIC is responsible, stemming from the transfer of powers and responsibilities and those assigned after its establishment: Register and keep track of all employers and workers covered by Law No , providing irrefutable evidence of submissions made by obligated parties under Article 3 of the above law. Issue an Unemployment Termination Fund Contribution Record, guaranteeing its authenticity.

6 IERIC POWER TO POLICE AND JUDGE INFRINGEMENTS OF LAW No Exercise of the power to police and judge infringements of Law No Employment policing power Background to employment law comptroller bodies Concept of policing power. Powers exclusive to the provinces (Article 104 of the National Constitution). Agreements entered into between IERIC and the Ministry of Employment and/or provincial employment departments over audits and/or inspections to be carried out jointly.

7 IERIC POWER TO POLICE AND JUDGE INFRINGEMENTS OF LAW No Exercise of the power to police and judge infringements of Law No (Table 2) Employment policing power Ongoing commitment of the Argentina State with regard to punitive action, concerning International Labour Organization (ILO) Conventions 81 and 129. Infringements of employers' responsibilities, leading to exercise of policing power.

8 Audit Department 2015 The Annual Plan budgeted for 2015 amounts to 20,000 work checks. Up to and including July, it was possible to achieve 78% of the planned checks. TOTAL REPRESEN TATION Planned % Performed Bahía Blanca % Bariloche % Campana % Catamarca % Comodoro Rivadavia % Concordia % Córdoba % Corrientes % Formosa % Junín % La Plata % La Rioja % Mar del Plata % Mendoza % Morón % Neuquén % Paraná % Posadas % Puerto Madryn 0 0 0% Resistencia % Río Cuarto % Río Gallegos % Rosario % Salta % San Isidro % San Juan % San Luis % San Salvador de Jujuy % Santa Fe % Santa Rosa % Santiago del Estero % Sede Central % Tucumán % Ushuaia % % * The total number of actions achieved corresponds to 126,327 workers surveyed. * when the workers were verified using Early Termination search bases, we obtained a country average of 21% for unregistered work. * out of all checks carried out up to and including July, we referred 2448 companies for inspection. 8

9 UOCRA H&S Dept Technical team (architects, accident prevention experts, H&S technicians) responsible for checking working conditions and environment Answerable to the UOCRA General Secretariat Control and presence in civil works and other industry-related activities Actions for prevention, advice and complaints to the competent provincial authority.

10 UOCRA H&S Dept Responsibilities stemming from professional organisation law Strategic alliance with IERIC (institutional reinforcement) High degree of failure detection Culture of prevention. Toward a shift in compliance culture.

11 Thank you very much