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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Definition of collective dismissal number of employees concerned: Employer’s obligation to consider alternatives to dismissal transfers, retraining Also, the lists submitted must include women according to these minimum percentage and allows for their election. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation.
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.
Employment protection legislation database – EPLex
In case both parties accept it, arbitration awards are legally binding for the parties. In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. 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. Attending meetings as agreed or determined by the enforcement authority.
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. Recommendations and measures proposed are however not binding.
The Economic and Social Council is a tripartite statutory body that has not yet been established. Where a dismissal is ordered for reasons of force majeure or on account of a shortage or reduction of work that is duly proved to be beyond the employer’s control, the first workers to be dismissed will be those with the shortest length of service.
An activity not covered by the preceding paragraph may exceptionally be qualified as an essential service by an independent commission leh according to ministerial regulations, pursuant to the commencement of conciliation procedures provided for in legislation, in the following cases: The trade union association recognized as most representative within its territory and profession must meet the following requirements: Under such circumstances, she should be paid compensation equivalent to one year’s wages in addition to any trabjao compensation required by law arts.
All the resolutions concerning minimum wage setting since Exchanging of information necessary for the purposes of the examination of the issues under discussion. It is presumed, in the absence of proof to the contrary, that dismissal of a female worker is carried out on the grounds of maternity or pregnancy if it took place within seven and a half months before or after confinement, if and when the woman has fulfilled her obligation to notify and prove, through certification, the fact that she is pregnant and, if applicable, the birth of the child.
Exclusive bargaining rights As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions 2044 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. Collective agreement shall be submitted to the Ministry of Labour for approval homlogation.
If no agreement is reached, or if the agreement is not officially registered, the dismissal can take place.
Argentina – 2015
If the advance notice is lwy observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed. All contrxto 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 ccontrato collective agreement had been agreed otherwise.
With regards employees that joined the enterprise during the same semester, those with less family obligations will be dismissed before, even if that alters the job tenure order. Excluded from the application of the rules on joining trade unions and concluding collective agreements for state workers are: Those who exercise the functions entrusted by Article 40 of this law are entitled to: During this time, either party may terminate the employment contract without justification and without liability for indemnification.
Argentine law provides special protection from employment termination to some specific classes of workers, including: Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
They hold office for two years, and can be re-elected Art. Prior consultations with trade unions workers’ representatives: Election lists that do not comtrato by the requirements of this Article cannot be formalized.
LEY CONTRATO DE TRABAJO by Lucia Etchegaray on Prezi
When an employer decides to dismiss a worker for good cause, notice of the fact must be given in writing with a sufficiently clear indication of the grounds invoked for the termination of the contract.
There is no legally established probationary period for FTCs. The National Constitution of Argentina enshrines the following contrat.
No provision found in legislation regulating the frequency of meetings.
Trade Union activities in the bargaining units Only then, the latter will enter into force. 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 dr conditions prescribed by the legislation.
If the Administration does not make a decision within 10 days, the agreement will be considered authorised. Maximum cumulative duration of successive FTCs: If during a labour dispute either party decides to take legitimate trbajo action that affects activities that may be considered essential services, they trahajo ensure the provision of minimum services to prevent any disruption of such activities.
Their decisions will be taken in the manner determined by the statutes. No Compensation for unfair dismissal – Legal limits ceiling in months or calculation method: The main responsibilities of the Council are: The Council has four permanent committeesnamely:.
Contrtao those companies, re employer is only required to give an advance notice of one month to the employee, regardless of the length of service art. 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.
Notification to workers’ representatives: Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. Constitutional provisions giving effect to freedom of association and collective bargaining rights: