Régimen de contrato de trabajo: Ley reformada por la Ley texto ordenado según Decreto /76, [Raúl Fernández Campón; Argentina.]. Regimen de Contrato de Trabajo – Ley Reformada Por La Ley Spanish, Paperback) / Author: Raul Fernandez Campon / Author: Argentina. Ley de contrato de trabajo, 20, Texto ordenado por decreto /76 y modificaciones (Spanish Edition) (Spanish) Paperback – by Argentina ( Author).
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Argentina – 2015
Powers of the Commission of guarantees provided in the third paragraph of that Article unofficial English translation. Constitutional provisions giving effect to freedom of association and collective bargaining rights: The National Constitution of Argentina enshrines the following rights:.
Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. A worker is any person who undertakes or provide services under a contract of employment.
An employer is the natural or legal person or group of them, with or without legal personality, who requires the services of a worker.
Article 2 of the Law on Trade Union Associations indirectly defines trade unions by stating that they are aimed at defending the interests of workers.
Collective labor agreements are concluded between a professional association of employers, an employer or group of employers, and professional association of workers with legal personality.
Health and hospital services; production and distribution of drinking water; electricity and gas; and air traffic control are considered as essential services. Workers have the following rights: Therefore, although it is trsbajo for a number of unions to be filed and registered in the Ministry of Labour, only one may have trade union personality.
An enterprise trade union may be granted “trade union status” only when another association holding the “trade union status” does not already operate in the geographical area, or the activity or category concerned. In order to be eligible for “trade union status”, unions representing a trade, occupation or category must show that they have different interests from the existing trade union or federation, and the argentkna status must not cover the workers concerned.
The trade union association recognized as most representative within its territory and profession must meet the following requirements: Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities. In order to challenge trqbajo association’s most representative status, the petitioning association must have a “considerably larger” membership; and section 21 of the implementing Decree qualifies the term “considerably larger” by laying down that the association claiming “trade union status” must have at least 10 per cent more dues-paying members that the organization which currently holds the most representative status.
The most representative federations and confederations, acquire legal personality under the conditions of Article The most contrxto confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers. The exclusive rights of the union with legal personality are: The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.
Trade Union activities in the bargaining units To be registered a trade union needs to submit: There is no general statement on the right of unions to affiliate with international organizations in labour legislation. Trade unions must ensure effective internal democracy. Their statutes must ensure: The bylaws shall conform to the provisions of Article 8, and contain: The reasons for refusing a worker from affiliating to a trade union are: To join the governing body of a trade trabaj, a person is required: Also, the lists submitted must include women according to these minimum percentage and allows for their election.
Excluded from the application of the rules on joining trade unions and concluding collective argenyina for state workers are: Economic and Social Council of Argentina. Cotrato Wage Council Consejo del Salario. The Economic and Social Council is a tripartite statutory aregntina that has not contato been established.
There are currently 2 Economic and Social Councils that operate at City level, namely: However, the scope of this database focuses on tripartite social dialogue carried out at national level.
The National Wage Council is an independent body. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. The Chairman of the Council is appointed traabjo the Ministry of Labour and Social Security and the mandate lasts four years. The Council has four permanent committeesnamely:. If voted by the unanimity of its members, the Board may establish other committees. The main responsibilities of the Council are: Such standards will serve to set programmes aimed at turning those informal activities into productive ones, contratoo their productivity and economic management; and to new initiatives leading to job creation.
Created by National Employment Law no. Inactive for almost a decade and convened again in through Decree no. There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included.
No information found in legislation. Representation of all social, technical, professional, sporting, cultural and neighborhood associations at national level.
The responsibilities of the Minimum Wage Council are: In addition, to determine the percentage of the base amount the highest net salary earned by the worker in the six months prior to the termination of the employment contractwhich will serve as the first four months of unemployment compensation.
The minimum wage is officially recognized as provided by art. All the resolutions concerning minimum wage setting since Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions. Those who exercise the functions entrusted by Article 40 of this law are entitled to: Notwithstanding agreements made in collective labor agreements, employers will be required to: Employees’ representatives may be elected under the following conditions:.
To perform the functions indicated in Article 40 requires an employee to: When where there is no trade union with trade union status in the workplace, the function can be fulfilled by members of a merely registered trade union.
In recently established enterprises, there is no minimum length of employment. The same applies where the nature of the activity in which workers provide services represent the employment relationship begins and ends with the completion of the work fixed term contracts. They hold office for two years, and can be re-elected Art. In the absence of collective agreements or other agreements setting the rules, the minimum number of workers representing the respective professional association in each place of business shall be: In establishments with more than one shift, there will be will be a delegates in turn, at least.
When a union representative consists of three or more employees, it will operate as a referee body. Their decisions will be taken in the manner determined by the statutes. No provision found in legislation regulating the frequency of meetings.
Collective bargaining regulated by this law will be comprehensive of all labour issues that integrate employment, both wage content and other conditions of work, except for the following: Wage negotiations or those relating to economic conditions of the work performed, shall be subject to the rules set forth by the budget law and the guidelines that determined its construction.
As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply:. Only one trade union can be granted trade union status by the Ministry of Labour at each bargaining level. Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5.
Once a trade union is granted trade union personality, they have exclusive rights granted by Art. The provisions of collective agreements must comply with the legal regulations governing institutions of labour law, unless the provisions of the Convention relating to each of these institutions will be more favorable to workers, provided that affect provisions which protect the public interest. The clauses of the collective agreement aimed to encourage the action of associations of workers in defense of professional interests that modify provisions of the labour law provided that they do not affect standards laid down in protection of the general interest will also be valid.
The rules of collective agreements approved will be binding and can not be modified by individual employment contracts, to the detriment of workers. Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers.
All the terms of a collective agreement collective agreement, upon its expiry, maintain full force until a new collective agreement to replace it is concluded, unless the expired collective agreement had been agreed otherwise. For a collective agreement to be binding, it must be approved by the Ministry of Labour and Social Security this is called homologation in terms of Article 4 of the Law on Collective Agreements. The approval process is to ensure that the agreement does not violate any rules of public order.
Once approved,it is legally binding on all trabwjo and employees included in the industry or the branch, within its territorial scope. The Ministry of LabourEmployment and Social Security, at the request of either party, may extend the application of a collective agreement to areas not covered by the scope of it, in the manner and conditions prescribed by the legislation. Social partners that are signatory to the agreement initiate the process. Law on Trade Union Associations 4.
Attending meetings as agreed or determined by the enforcement authority. Appointing negotiators with sufficient authority. Exchanging of information necessary for the purposes of the examination of the issues under discussion. To engage in a founded discussion and to reach an agreement, that exchange must also include information regarding the distribution of the benefits of productivity, the current employment situation and forecasts of its future evolution.
The parties are obliged to negotiate in good faith. This principle implies for parties the following rights and obligations: Subject to appropriate sanctions by law, between the breach of these obligations by either party, the Ministry of Labour and Social Security may give public the situation raised through the appropriate media for this purpose.
Collective agreement shall be submitted to the Ministry of Labour for approval homlogation. If agreements do not contain any clause violating public order or general interest standards, the Minister will issue an administrative act deciding on the approval of the collective agreement.
Only then, the latter will enter into force. Ten days later, the agreement will be published. It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest. Collective labour agreements concluded within a company or group of companies, shall meet the conditions established in the preceding paragraph and shall be submitted to the authority application for registration publication and deposit in accordance with the provisions of Article 5 of this Act.
Collective agreements must be in writing and shall contain: Where a conflict that arises has no solution between the parties, either party shall, before resorting to direct action, communicate to the administrative authority, to formalize procedures of compulsory conciliation. The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement.
If the parties fail to reconcile, the authority may propose a conciliatory formula, and for that purpose shall be authorized to conduct research, seek advice from the public agencies or private institutions and, in general, order any measure aiming at more extensive knowledge of the matter.