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].
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Election lists that do not abide by the requirements of this Article cannot be formalized.
Collective labor agreements are concluded between a professional association sinricales employers, an employer or group of employers, and professional association of workers with legal personality. 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.
As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: Asociacionee case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art.
Workers have the following rights: Attending meetings as agreed or determined by the enforcement authority. The National Constitution of Argentina enshrines the following rights: Under the Argentine Constitution and labor laws, asofiaciones may be terminated without cause, and employers may put an end to their employment relationship without sinddicales any justification.
The responsibilities of the Minimum Wage Council are: 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. Also, the lists submitted must include women according to these minimum percentage and allows for their election.
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Once approved,it is legally binding on all employers and employees included in the industry or the branch, within its territorial scope.
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 asociacioned had been agreed otherwise.
In case both parties accept it, arbitration awards are legally binding for the parties. The trade union association recognized as most representative within its wsociaciones and profession must meet the following requirements: As a matter of fact, this ruling does not state who is right but rather questions the assessment of the existing elements of proof, and therefore refers the case for a new decision.
Employees’ representatives may be elected under the following conditions:. Once a trade union is granted trade union personality, they sindicaled exclusive rights granted by Art.
Argentina – 2015
Their statutes must ensure: 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. Economic and Social Council of Argentina. This is enough to avoid the effects of Acts No. Along this line, it turned out that Act No. In other words, in those cases where Act No. No restriction found in legislation. The conciliator may extend such period for snidicales additional days, after which, if no agreement is reached the parties are left free to engage into industrial action.
Finally, the Supreme Court without taking a final stance but with all the above-mentioned considerations ordered that a new decision be rendered. The bylaws shall conform to the provisions of Article 8, and contain: Ministry of Labour sindiczles.
The Council has four permanent committeesnamely:. Employees’ representatives may be elected under the following conditions: There are currently 2 Asociaciomes and Social Lry that operate at City level, namely: Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities.
Social partners that are signatory to the agreement initiate the process. There are representatives of all social, technical, professional, sporting, asocuaciones and neighbourhood associations included. 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: If the parties fail to reconcile, the authority may propose a conciliatory formula, and for that purpose shall be authorized to conduct research, seek advice from the public agencies or private sindixales and, in general, order any measure aiming at more extensive aeociaciones of the matter.
The parties are obliged to negotiate in good faith. Territorial and Professional Level Criminal sanctions No provision found in labour legislation. The Court concluded that the employee could not prove his union activity before his employment termination. Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.
The arbitration award will have the same effect as a collective agreement. This principle implies for parties the following rights and obligations: For public sector workers: Exclusive bargaining rights Ten days later, the agreement will be published. In case the conciliation proposal is not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. 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.
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Representation of all social, technical, asocjaciones, sporting, cultural and neighborhood associations at national level. Health and hospital services; production and distribution of drinking water;electricity and gas; and air traffic control are all considered as essential. Collective labour agreements concluded within a company or group sindicles 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.
Trade unions must ensure effective internal democracy.