LEY DE TRABAJO 20744 PDF

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Those who exercise the functions entrusted by Article 40 of this law are entitled to: When a union representative consists of three or more employees, it will operate as a referee body.

The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement. To join the governing body of a trade union, a person is required: No restriction found in legislation. Inactive for almost a decade and convened again in through Decree no. 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 two central unions, the national interuniversity council and the federation of lawyers associations.

If during a labour dispute either party decides to take legitimate direct action that affects activities that may be considered essential services, they should ensure the provision of minimum services to prevent any disruption of such activities.

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. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: 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.

Workers have the following rights: The National Wage Council is an independent body. Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5. It also participates in the fixing of minimal services when the interested parties in the trabajk have not come to an agreement or when the agreement is inadequate. The arbitration award will trabwjo the same effect as a collective agreement. Created by National Employment Law no.

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Exclusive bargaining rights Territorial and Professional Level The conciliator may extend such period for five additional days, after which, if no agreement is reached the parties are left free to engage into industrial action. National Wage Council Consejo del Salario. If voted by the unanimity of its members, the Board may establish other committees.

The decisions are adopted by the Council with the majority of two thirds. Ministry of Labour 1. Political and economic strikes are permitted and occur frequently in practice.

Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. 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.

Criminal sanctions No provision found in labour legislation.

Argentina – 2015

The trade union association recognized as most representative within its territory and profession must meet the following requirements: In case the conciliation proposal is oey accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration 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: The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.

In recently established enterprises, there is no minimum length of employment. The Ministry of LabourEmployment and Social Security, at the request of either party, may extend travajo application of a collective agreement to areas not covered by the scope of it, in the manner and conditions prescribed by the legislation. Exchanging of information necessary for the purposes of the examination of the issues under discussion.

The National Constitution of Argentina enshrines the following rights:.

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. This principle implies for leg the following rights and obligations: There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included.

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.

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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.

Collective agreements must be in writing and shall contain: Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers.

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Collective trzbajo regulated by this law will be comprehensive of all labour issues that integrate employment, both wage content and other conditions trabajk work, except for the following: Ten days later, the agreement will be published. All the resolutions concerning minimum wage setting since When a labour dispute arises between the stakeholders and no solution is reached among them, any of the parties shall inform the administrative authority about the conflict in order to start the compulsory procedure of conciliation.

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. They hold office rtabajo two years, and can be re-elected Art.

Once a trade union is granted trade union personality, they have exclusive rights granted by Art. An activity not covered by the preceding paragraph may exceptionally be qualified as an essential service by an independent commission established according to ministerial regulations, pursuant to the commencement of conciliation procedures provided for in legislation, in the following cases: To perform the functions indicated in Article 40 requires an employee to: Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities.

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. Notwithstanding agreements made in collective labor agreements, employers will be required to:

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