Ordered texts of Laws No. Constitutional provisions giving effect to freedom of association and collective bargaining rights: The National Constitution of Argentina enshrines the following rights:. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. Legal provision: A worker is any person who undertakes or provide services under a contract of employment. Legal provision: An employer is the natural or legal person or group of them, with or without legal personality, who requires the services of a worker. Legal provision: Article 2 of the Law on Trade Union Associations indirectly defines trade unions by stating that they are aimed at defending the interests of workers.

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It also pursues the implementation of tripartite social dialogue with representatives of the State, workers and employers and strengthens the instances of dialogue between workers and employers. Under the first topic dedicated to the regularization of non-registered employment, the labor-registration chapter would modify the current fines scheme of National Employment Law Ley Nacional de Empleo No. In this sense, for lack of registration or a registry deficiency on the date of income or remuneration, the computation and beneficiary of those fines found in Sections 8, 9 and 10 of said law would change.

According to the reform, the fines under Law 24, would be assessed to the Social Security Bodies Organismos de Seguridad Social instead of the affected employee. Completing the new scheme, it is proposed to repeal Section 15 of Law No.

For further information about this issue please see: " Labor Reform: Amnesty and Moratorium ". A category called "economically linked autonomous professional workers" would be created, which would be excluded from the scope of the LCT. It has been clarified that such workers will be governed by a special statutory regulation prepared by a tripartite technical commission.

Regarding labor solidarity by subcontracting, various changes are proposed to Section 30 of the LCT. Nor would solidarity apply to transport services of persons, to and from the establishment or exploitation. With regards to the capacity to modify the forms and modalities of work Ius Variandi , the special preliminary injunction would be eliminated so that the worker may pursue the restoration of the altered working conditions.

The bill proposes to refer to the proceeding contemplated by the collective labor agreement, or to the competent judicial proceeding, which would be ordinary or summary at the discretion of the competent judge. The new wording that would be adopted in Section 80 of the LCT is intended to give certainty concerning the obligations related to the certificates, specifying its content, preparation and access mechanism for the employee through the procedure established by the AFIP.

There is the possibility that employers can make a rectification for having determined parameters other than those declared, when a judicial authority requires it. It would maintain a fine equivalent to 3 times the highest monthly remuneration, applicable if the employer does not generate the certificate according to the procedures provided, nor carry out the rectification ordered by the judicial authority, within 2 working days computed as from the formulated demand by the worker or judicial authority.

Regarding a part-time work contract, the bill modifies the calculation parameter of the maximum permissible hours limit, adding the "weekly" requirement, to measure the regular working hours in the activity. The bill proposes to extend certain terms and assumptions of special licenses: for the birth of a child, the terms would be extended from 2 to 15 days and includes adoption; for cohabitation, 10 days would be recognized the same term as for marriage ; to carry out the procedures for purposes of adoption, or other measures available to the competent judge, 2 consecutive days and up to 10 days per year would be available; to undergo medically assisted reproduction techniques and procedures, 5 days per year is proposed.

Also, it proposes to create a license for particular planned reasons, of up to 30 consecutive days per calendar year, without the benefit of salaries. It creates a reduced working day for the care of minors that can be used by workers who are in charge of children of up to four years of age, upon previous agreement with the employer. This new figure allows for a temporary reduction in the working day of the dependent for the care of minors, receiving remuneration proportional to the time worked.

The new wording proposed for Section of the LCT is novel for various reasons. For the calculation of compensation for dismissal, it excludes from the salary base, in line with the plenary ruling "Tulosai", the proportional part of the annual supplementary salary, the non-monthly bonus paid subject to performance evaluation, and all compensation and recognition of expenses.

On the other hand, it proposes altering the rule of the best remuneration for workers paid on commission or with variable remunerations, taking the average of the commissions or variable remunerations accrued during the last year.

Without prejudice to maintaining the current compensation system, the reform bill also contemplates the creation of a "labor cessation fund", at a conventional level, by activity, to assume the costs of notice and dismissal without cause.

It translates into an ambitious goal to substitute and replace the employer in the compliance with the indemnity obligations for dismissal, and includes other types of termination contemplated. Such sectoral labor cessation fund would be funded mainly by mandatory contributions paid by the employer, tariffs, investments, legacies, subsidies and grants, among other sources.

The bill also seeks to modify Section of the LCT and establish a system to update the labor credits in accordance with the rate set by the Argentine National Bank for the Purchasing Value Units Unidades de Valor Adquisitivo or UVA corresponding to its mortgage credit operations, from the date in which they had to be paid until the date of its effective payment. Practitioners would receive an incentive allocation proportional to the basic salary of the applicable collective agreement.

Maximum quotas will be established by activity through conventional negotiation. However, this prohibition is not absolute, since the Ministry of Labor, Employment and Social Security may authorize its negotiation exceptionally and subject to the transformation of such items into remuneration within a reasonable period of time. In sum, the labor reform bill aims to update labor legislation, in line with the modifications approved in other countries.

The stated purposes of the authors are, fundamentally, to reduce the labor litigation index and informality, by regularizing the irregular workforce. The debate is now in the hands of the Argentine Congress.

This article is a brief comment on legal news in Argentina; it does not purport to be an exhaustive analysis or to provide legal advice. Other Articles.


Labor Reform: Bill Submitted to the Argentine Congress

Maximum probationary trial period in months : 3 month s Remarks: Art. During this time, either party may terminate the employment contract without justification and without liability for indemnification. Notice requirements must however be observed. Notification to the worker to be dismissed : written Remarks: Art. Pay in lieu of notice : Yes Remarks: Art.


Licencia por maternidad



Argentina - 2015


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