LEY DE CONTRATO DE TRABAJO 20744 PDF

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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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.

Prior consultations with trade unions workers’ representatives: Territorial and Professional Level A worker is any person who undertakes or provide services under a contract of employment. The Council has four permanent committeesnamely:.

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

Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. 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.

In recently established enterprises, there is no minimum length of employment. This protection will cease for those workers whose candidature is not officialised in accordance with the applicable electoral process from the moment in which such circumstance is certainly determined.

Workers have the following rights: In all cases the representatives must have a minimum length of membership of one 1 year: The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.

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. Criminal sanctions No provision found in labour legislation.

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Security of employment for a trade union representative begins from the time of his or her candidature for a representative office in a trade union is submitted, and he or she may not be dismissed or suspended without good cause, nor may his or her conditions of work be modified for a period of six months.

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Law on Trade Union Associations 4. Conflicts of interest are within the 207444 of the Ministry of Labour and Social Security. The most representative federations and confederations, acquire legal personality under the conditions of Article If voted by the unanimity of its members, the Board may establish other committees.

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.

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

The approval process is to ensure that the agreement does not violate any rules of public order. 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 traabjo order.

Employees’ representatives may be elected under the following conditions:. In case both parties accept it, arbitration awards are legally binding for the parties. The National Wage Council is an independent body.

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No Approval by workers’ representatives: The only procedural requirement for dismissal for “just cause” is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract.

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: In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art.

Election lists that do not abide by the requirements of this Article cannot be formalized. 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. Fixed-term contracts or “determinate contracts” are employment contracts for specified periods of time where the contract duration is expressly written into the contract art.

The National Constitution of Argentina enshrines the following rights: In order to challenge an association’s most representative status, the petitioning association must have a “considerably larger” membership; 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.

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Their statutes must ensure: 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.

Powers of the Commission of guarantees provided in the third paragraph of that Article unofficial English translation. In those cases where there is no general suspension of activities, but staff reduction by way of suspensions and dismissals in which the job tenure order shall be observed, workers enjoying employment permanence protection as established in the present law will be excluded from this order. Notwithstanding agreements made in collective labor agreements, employers will be required to: 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.

For public sector workers: 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. 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.

Only one trade union can be granted trade union status by the Ministry of Labour at each bargaining level. Trade union representatives in an enterprise may not be suspended, have their working conditions changed, or be dismissed throughout their terms of fe and for one year thereafter, unless there is good cause for doing so. No Notification to workers’ representatives: If no agreement is reached, or if the ed is not officially registered, the dismissal can take place.

The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement.

Argentine law provides special protection from employment termination to some specific classes of workers, including: