LEY DE TRABAJO 20744 PDF

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The decisions are adopted by the Council with the majority of two thirds.

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. 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.

A worker is any person who undertakes or provide services under a contract of employment. When a union representative consists of three or more employees, it will operate as a referee body. This principle implies for parties the following rights and obligations: However, as arbitration is voluntary any of the parties could refuse it. 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.

Argentina – 2015

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. 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.

It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest. Those who exercise the functions entrusted by Article 40 of this law are entitled to: The bylaws shall conform to the provisions of Article 8, and contain: Less than 50 members. When tranajo 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.

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Their decisions will be taken in the manner determined by the statutes. The responsibilities of the Minimum Wage Council are: The reasons for refusing a worker from affiliating to a trade union are: To perform the functions indicated in Article 40 requires an employee to: In case the conciliation proposal is not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art.

The main responsibilities of the Council are: All the terms of a collective agreement collective agreement, upon its expiry, maintain full force until a new d agreement to replace it is concluded, unless the expired collective agreement had been agreed otherwise. The arbitration award will have the same effect as a collective agreement.

Excluded from the tfabajo of the rules on joining trade unions and concluding collective agreements for state workers are: The Council has four permanent committeesnamely:. In order to challenge an association’s most representative status, the petitioning association must have a “considerably larger” trabajp 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.

In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures. Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.

Fe statutes must ensure: 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. Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.

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Collective labor agreements are concluded between a professional association of employers, an employer or group of employers, and professional ly of workers with legal personality. Exchanging of information necessary for the purposes of the examination of the issues under discussion.

Public sector Law No. Health and hospital services; production and distribution of drinking water; electricity and gas; and air traffic control are considered as essential services. Appointing negotiators with sufficient authority. To join the governing body of a trade union, a person let required: Economic and Social Council of Argentina.

Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities. The Economic and Social Council is a tripartite statutory body that dd not yet been established. Political and economic strikes are permitted and occur frequently in practice. Participation in tripartite bodies The National Wage Council is an independent body. The rules of trbaajo agreements approved will be binding and can not be modified by individual employment contracts, to the detriment of workers.

The Council has four permanent committeesnamely: 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.

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Ten days later, the agreement will be published. There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included. Article 2 of the Law on Trade Union Associations indirectly defines trade unions by stating that they are d at defending the interests of workers.