Law No. on Trade Union Associations, (Ley núm. , de asociaciones sindicales) (unofficial English translation) (as amended to ) ( Art. 2). Name: Ley de asociaciones gremiales de trabajadores. Country (ARGL)Ley núm. , de asociaciones sindicales. Get this from a library! Ley de asociaciones sindicales la ley comentada. [Enrique Strega].
|Published (Last):||18 October 2013|
|PDF File Size:||9.67 Mb|
|ePub File Size:||9.89 Mb|
|Price:||Free* [*Free Regsitration Required]|
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 slndicales compulsory procedure 235511 conciliation.
Article 2 of the Law on Trade Union Associations indirectly defines trade unions by stating that they are aimed at defending the interests asocaciones workers. Employees’ representatives may be elected under the following conditions: Economic and Social Council of Argentina. Also, the lists submitted must include women according to these minimum percentage and allows for their lfy.
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. Exchanging of information sindocales for the purposes of the examination of the issues under discussion.
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.
The provisions of collective agreements must comply with the legal regulations governing institutions of sindiacles law, unless the provisions of the Convention relating to each of these institutions will be more favorable to workers, provided that affect provisions which protect the public interest.
The Council has four permanent committeesnamely: This is enough to avoid sijdicales effects of Acts No. They hold office for two years, and can be re-elected Art. Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.
Such standards will serve to set programmes aimed at turning those informal activities into 25351 ones, improving their productivity and economic management; and to new initiatives leading to job creation. When where there is no trade union with trade union status in the workplace, sindicals function can be fulfilled by members of a merely registered trade union.
In recently established enterprises, there is no minimum length of employment. The trade union association recognized as most representative within its territory and profession must meet the following requirements: The responsibilities of the Minimum Wage Council are: Election lists that do not abide by the requirements of this Article cannot be formalized. 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: Collective agreement shall be submitted to the Ministry of Labour for approval homlogation.
In order to be eligible for “trade union status”, unions representing a trade, occupation or category must show that they have sihdicales interests from the existing trade union or federation, and the latter’s status must not cover the workers concerned. When a union representative consists of three or more employees, it will operate as a referee body.
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.
Asociaciones Sindicales – Ley by Fran Massei on Prezi
The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply:.
Once approved,it is legally binding on all employers and employees included in the industry or the branch, within its territorial scope. The National Wage Council is an independent body. This principle implies for parties the following rights and obligations: Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
Participation in tripartite bodies The minimum wage is officially recognized as provided by art.
Argentina – 2015
All the resolutions concerning minimum wage setting since Social partners that are signatory to the agreement initiate the process. No provision found in legislation regulating the frequency of meetings. The exclusive rights of the union with legal personality are: 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.
It is essential that the agreement does not contain clauses that violate the rules of public order, or sindcales affect the general interest.
If voted by the unanimity of its members, the Board may establish other committees. Health and hospital services; production and distribution of drinking water;electricity and gas; and air traffic control are all considered as essential.
For a collective agreement to axociaciones binding, it must be approved asociacionez the Ministry of Labour and Social Security this is called homologation in terms of Article 4 of the Law on Collective Agreements. 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 other words, in those cases where Act No. Law on Trade Union Associations 4.
The parties are obliged to negotiate in good faith. Their decisions will be taken in the manner determined by the statutes. However, as arbitration is voluntary any of the parties could refuse it. Under the Argentine Constitution and labor laws, workers may be terminated without cause, and employers may put an end to their employment relationship without giving any justification. As to the application of Act No. However, the scope of this database focuses on tripartite social dialogue carried out at national level.
An activity not covered by the preceding paragraph may exceptionally be qualified as an essential service by an independent commission established according to ministerial regulations, pursuant to the commencement of conciliation procedures provided for in legislation, in the following cases: