LEY 2 likes. Book. LEY Book. 2 people like this topic. Want to like this Page? Sign up for Facebook to get started. Sign Up. It’s free and anyone . on Collective Agreements (Ley , Convenciones Colectivas de Trabajo) – Ley Nacional de Empleo) (unoffocial English translation). Régimen nacional de empleo: Ley 24, comentada y concordada con la ley de contrato de trabajo (Textos legales Astrea) (Spanish Edition).
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Participation in tripartite bodies When a union representative consists of three or more employees, it will operate as a referee body. Representation of all social, technical, professional, sporting, cultural and neighborhood associations at national level.
The most representative federations and confederations, acquire legal personality under the conditions of Article Those who exercise the functions entrusted by Article 40 of this law are entitled to: 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.
Trade unions must ensure effective internal democracy. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: Employees’ representatives may be elected under the following conditions: Also, the lists submitted must include women according to these minimum percentage and allows for their election.
This principle implies for parties the following rights and obligations: Law on Trade Union Associations 4. The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.
In case both parties accept it, arbitration awards are legally binding for the parties. 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: All the 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 expired collective agreement had been agreed otherwise.
To perform the functions indicated in Article 40 requires an employee to: 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 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. To engage in a founded discussion and to reach an agreement, that exchange must also include information regarding the distribution of the benefits of productivity, the current employment situation and forecasts of its future evolution.
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 and conditions prescribed by the legislation. The same applies where the nature of the activity in which workers provide services represent the employment relationship begins and ends with the completion of the work fixed term contracts.
In all cases the representatives must have a minimum length of membership of one 1 year: In recently established enterprises, there is no minimum length of employment.
Ley 24, Ley 24, : Decreto / Ley 24, : Decreto /95 – Argentina – Google Books
Their decisions will be taken in the manner determined by the statutes. Notwithstanding agreements made in collective labor agreements, employers will be required to: National Wage Council Consejo del Salario. When a 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.
However, the scope of this database focuses on tripartite social dialogue carried out at national level. 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.
As there may only be one trade union with trade 24031 status at each bargaining level, the general representativity provisions apply:.
The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.
Powers of the Commission of guarantees provided in the third paragraph of that Article unofficial English translation.
The bylaws shall conform to the provisions of Article 8, and contain: Created by National Employment Law no. In case the conciliation proposal is not accepted by both parties to the conflict, leh mediator will suggest referring the matter to arbitration art.
No information found in legislation. The minimum wage is officially recognized as provided by art.
The Economic and Social Council is a tripartite statutory body that has not yet been established. Recommendations and 42013 proposed are however not binding.
Argentina – 2015
Territorial and Professional Level The clauses of the collective agreement aimed to encourage the action of associations of workers in defense of professional interests that modify provisions of the labour law provided that they do not affect standards laid down in protection of the general interest will also be valid. Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5.
It also participates in the fixing of minimal services when the interested parties in the conflict have let come to an agreement or when the agreement is inadequate.