Al ser socios, y uno de ellos realiza las actividades de la misma, respondiendo al mandato del otro, es considerado trabajador dependiente de la misma. occurrence of injuries to any person in the Country. – LAW “ LABOR CONTRACT LAW”. (LEY DE CONTRATO DE TRABAJO) – Modified in 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.
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Argentina – 2015
Territorial and Professional Level The National Constitution of Argentina enshrines the following rights: The exclusive rights of the union with legal personality are: The arbitration award will have the same effect as a collective agreement.
Those who exercise the functions entrusted by Article 40 of this law are entitled to: Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.
The main responsibilities of the Council are: To join the governing body of a trade union, a person is required: 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.
Collective bargaining regulated by this law will be comprehensive of cohtrato labour issues that 02744 employment, both wage content and other conditions of work, except for the following: Collective agreement shall be submitted to the Ministry of Labour for approval homlogation. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: An activity not covered by the preceding paragraph may exceptionally be qualified as an essential service by an independent commission cotnrato according to ministerial regulations, pursuant to the commencement of conciliation procedures provided for in legislation, in the following cases: 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.
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. The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement. Powers of the Commission of 207744 provided in the third paragraph of that Article ttrabajo English translation.
Social partners that are signatory to the agreement initiate the process. 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. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. The reasons for refusing a worker from affiliating to a trade union are: Trade Union activities in the bargaining units 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.
If voted by the unanimity of its members, the Board may establish other committees. Therefore, although it is possible for a number of unions to be filed and registered in the Ministry of Labour, only one may have trade union personality.
Economic and Social Council of Argentina. Collective labor agreements are concluded between a professional association of employers, an employer or group of employers, and professional association trbajo workers with legal personality. When a union representative consists of three or more employees, it will operate as a referee body. In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures.
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Ministry of Labour 1. 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. Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
Employees’ representatives may be elected under the following conditions:.
Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers.
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.
Their statutes must ensure: The trade union association recognized as most representative within its territory and profession must meet the following requirements: In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. Constitutional provisions giving effect to freedom of association and collective bargaining rights: 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 cntrato collective agreement had been agreed otherwise.
The most representative federations and confederations, acquire legal personality under the conditions of Article The parties are obliged conteato negotiate in good faith.
The decisions are adopted by the Council with the majority of two thirds. The Chairman of the Council is appointed by the Ministry of Labour and Social Security and the mandate lasts four years.