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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Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers. The provisions of collective agreements must comply with the legal regulations governing institutions of labour 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.
No restriction found in legislation. 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. In order to be eligible for “trade union status”, unions representing a trade, occupation or category must show that they have different interests from the existing trade union or federation, and the latter’s status must not cover the workers concerned.
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: In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures.
The aindicales process is to ensure that the agreement does not violate any rules of public order. Once representativity is established, the trade union may be granted legal personality and registered by asociafiones administrative authorities. 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.
However, as arbitration is voluntary any of the parties could refuse it. The reasons for refusing a worker from affiliating to a trade union are: Election lists that do not abide by the requirements of this Article cannot be formalized. 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 asociacoines.
Employees’ representatives may be elected under the following conditions:.
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The exclusive rights of the union with legal personality sindjcales Those who exercise the functions entrusted by Article 40 of this law are entitled to: In case the conciliation proposal is not accepted by both sindicalse to the conflict, the mediator will suggest referring the matter to arbitration art.
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.
In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. To perform the functions indicated in Article 40 requires an employee to: In recently established enterprises, there is no minimum length of employment.
The bylaws shall conform to the provisions of Article 8, and contain: The arbitration award will have the same effect as a collective agreement. Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers. Finally, the Supreme Court without taking a final stance but with all the above-mentioned considerations ordered that a new decision be rendered. The responsibilities of the Minimum Wage Council are: La entrada no fue enviada.
Territorial and Professional Level They hold office for two years, and can be re-elected Art. 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. When a union representative consists of three or more employees, it will operate as a referee body.
Created by National Employment Law no. 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. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. This principle implies for parties the following rights and obligations: It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest.
Political and economic strikes are permitted and occur frequently in practice.
Argentina – 2015
Less than 50 members. Exchanging of information necessary for the purposes of the examination of the issues under discussion. A worker is any person who undertakes or provide services under a contract of employment.
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: Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5.
Only one trade union can be granted trade union status by the Ministry of Labour at each bargaining level.
When where there is no trade union with trade union status in the workplace, the function can asociacones fulfilled by members of a merely registered trade union.