Ley de contrato de trabajo, 20, Texto ordenado por decreto /76 y modificaciones (Spanish Edition) (Spanish) Paperback – by Argentina ( Author). Get this from a library! Ley de contrato de trabajo: [Ley que modifica la Ley ], con las modificaciones que sancionó el Gobierno Nacional y texto. Ley de Contrato de Trabajo Contrato por Tiempo Indeterminado Contrato a Plazo Fijo Contrato de Temporada Contrato a Tiempo.
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Where a conflict that arises has no contrto between the parties, either party shall, before resorting to direct action, communicate to the administrative authority, to formalize procedures of compulsory conciliation. Article 2 of the Law on Trade Union Associations indirectly defines trade unions traabajo stating that they are aimed at defending the interests of workers. The employer is in charge of providing evidence that a contract is a fixed-term contract art.
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.
Argentina – 2015
If the parties reach an agreement, they will notify the Ministry of Labour, who shall in turn within 10 days, either authorise the agreement or reject it by means of a substantiated decision. The National Constitution of Argentina enshrines the following rights: In recently established enterprises, there is no minimum length of employment.
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 latter’s status must not cover the workers concerned. Powers of the Commission of guarantees provided in the third paragraph of that Article unofficial English translation.
In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures. The worker is to enjoy security of employment throughout the term of office and for one year thereafter, unless there is good cause for dismissal Act No.
Where the other party challenges the termination, no changes on the grounds indicated in the notice are permitted 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.
Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. The approval process is to ensure that the agreement does not violate any rules of public order.
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. Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5.
Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers. Attending meetings as agreed or determined by the enforcement authority. To engage in a founded discussion and to reach conteato 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.
Political and economic strikes are permitted and occur frequently in practice.
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Exclusive bargaining rights Employees’ representatives may be elected under the following conditions:. The responsibilities of the Minimum Wage Council are: Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
Employer’s obligation to consider alternatives to dismissal transfers, retraining If the advance notice is not observed, ldy will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.
No information found in legislation. The formalization of successive fix term contracts exceeding what is foreseen in art.
In Argentina, there is a legal preference for contracts of unspecified duration or “indeterminate contracts” art. A worker is any person who undertakes or provide services under a contract of employment.
The exclusive rights of the union with legal personality are: An employer who orders a worker’s dismissal without good cause must pay the worker compensation equal to: No provision found in legislation regulating the frequency of meetings. The main responsibilities of the Council are: In case the conciliation proposal is not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art.
According to article LCL this is the compulsory minimum notification period, but the contarto can agree on a longer one. It counts on five members with tenure and five substitutes who shall be named by the government; four of them at the proposal of the business councils, the contrwto central unions, the national interuniversity council and the federation of lawyers associations. This principle implies for parties the following rights and obligations: No Notification to workers’ representatives: 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.
Notice requirements must however be observed. Election lists that do not abide by the requirements of this Article cannot be formalized.
For a strike to be legal it is indispensable that a cooling off period of not more than 15 days be observed, during which a conciliation must be tried before the public authority. Those who exercise the functions entrusted by Article 40 of this law are entitled to: