Trade-union freedom
The existing legal regime with regard to trade unions consists essentially of norms having constitutional status, including Article 14bis of the National Constitution and the norms contained in declarations (American Declaration of the Rights and Duties of Man, Universal Declaration of Human Rights), international conventions and covenants, granted constitutional status by Article 75(22) of the National Constitution and ILO Convention 87 on the freedom of association and protection of the right to organize (1948), which also has constitutional status by virtue of Article 8.3 of the International Covenant on Economic, Social and Cultural Rights and Article 22.3 of the International Covenant on Civil and Political Rights. In addition, there are provisions of the ILO Convention 98 on the right to organize and collective bargaining (1949), having a force superior to law by virtue of Article 75(22) of the National Constitution, the provisions of the Trade Union Law No. 23.551 in force, as authorized by Decree No. 467j88.

Main trade union prerogatives recognized by law
The basic rights are set forth in Article 3(c) of Law No. 23.551, which includes under the exclusive rights of legally recognized trade unions the right to participate in collective bargaining, to represent workers in their field of employment, profession, trade or category and to participate on an equal footing with producers and the Ministry of Labour, in negotiations concerning contributions and other working conditions, to make determinations with regard to strikes, to approve their own statutes, election mechanisms, candidates, assets, mergers with other associations or membership in international organizations, while respecting the basic principles of the framework law.

State consultation with trade unions
Argentina has a long trade-union tradition. The unions have always been so influential politically that the State systematically consults their leadership in the matter of reforms. During the 1990s, that trend reversed and reforms approved by the National Congress were implemented against the will of many trade unions, undermining labour victories won over many years.

Collective agreements
The Ministry of Labour’s participation in the process of binding arbitration testifies to the State’s willingness to assist in the collective bargaining process. While the most recent collective work agreements for artists date from the 1970s, dialogue with producers has continued, out of a mutual need for adapting artistic work to changes in the ways that productions are put on and to the unquestionable impact of technological progress, making it nearly a dialogue among equals, above all with regard to working conditions, rather than remuneration.

Promotion of social dialogue
The concept of social dialogue is relatively new in union circles. While it is promoted primarily by international artists’ organizations such as FIA, BLADA and FIM (International Federation of Musicians), the Coalition for Cultural Diversity has organized meetings designed to foster social dialogue. With regard to ILO, with the exception of a seminar on the new information technologies and artists, Argentina has not been considered for the theme of social dialogue.

Mediation
The Ministry of Labour is the chief mediator in disputes, supported by the corresponding legal mechanisms. Once trade-union remedies have been exhausted, disputes may be brought before the courts and before the appropriate international organizations and NGOs.

Source: Secretariat of Culture of Argentina, October 2003.