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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Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions. In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures.

The Chairman of the Council is appointed by the Ministry of Labour and Social Security leey the mandate lasts four years.

Criminal sanctions No provision found in labour legislation. Representation of all social, technical, professional, sporting, cultural and neighborhood associations at national level. 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.

However, the Penal Code states that contrxto shall be punishable with imprisonment from one month to one year for a worker who has exercised violence conhrato another to compel him to take part in a strike.

LEY CONTRATO DE TRABAJO by Lucia Etchegaray on Prezi

In the absence of 2744 agreements or other agreements setting the rules, the minimum number of workers representing the respective professional association in each place of business shall be: Collective bargaining regulated by this law will be comprehensive of all labour issues that integrate employment, both wage content and other conditions of work, except for the following: Political and economic strikes are permitted and clntrato frequently in practice.

It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest. Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers.


For public sector workers: Only one trade union can be granted trade union status by the Ministry of Labour at each bargaining level. Contraho by National Employment Law no. The most representative federations and confederations, acquire legal personality under the conditions of Article For a strike to be legal it is indispensable that a cooling le period of not more than 15 days be observed, during which a conciliation must be tried before the public authority.


Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. Attending meetings as agreed or determined by the enforcement authority. Such standards will serve to set programmes aimed at turning those informal activities into productive ones, improving their productivity and economic management; and to new initiatives leading to job creation.

The National Constitution of Argentina enshrines the following rights:.

Argentina – 2015

The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement. The Council has four permanent committeesnamely: This principle implies for parties the following rights and obligations: To be registered a trade union needs to submit: Collective agreements must be in writing and shall contain: 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 approval process is to ensure that the agreement does not violate any rules of public order. ILO is a specialized agency of the United Nations.

Public sector Law No. However, the scope of this database focuses on tripartite social dialogue carried out at national level. There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included.

Trade unions must ensure effective internal democracy. Economic and Social Council of Argentina Cobtrato In case both parties accept it, arbitration awards are legally binding for the parties. The Economic and Social Council is a dr statutory body that has not yet been established.

It also participates in the fixing of minimal services when the interested parties in the conflict have not come to an agreement or when the agreement is inadequate. Territorial and Professional Level The decisions are adopted by the Council with the majority of two thirds.


All the resolutions concerning minimum wage setting since The rules of collective 02744 approved will be binding and can not be modified by individual employment 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. It is an advisory body to the technical secretariat of the Presidency trabbajo Argentina, and has tripartite representation.

The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.

Recommendations and measures proposed are however not binding. When a union representative consists of three or more employees, it will operate as a referee body.

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. Constitutional provisions giving effect to freedom of association and collective bargaining rights: The National Wage Council is an independent body. The exclusive rights of the union with legal personality are: Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.

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. 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.

In recently established enterprises, there is no minimum length of employment. An employer is the natural or legal person or group of them, with or without legal personality, who requires the services of a worker.