Enfermedad laboral. En tercer lugar, apela los honorarios de la totalidad de los letrados y de los peritos, por altos. La pericia no fue impugnada por la demandada. En el caso no se encuentra el examen preocupacional para acreditar una incapacidad preexistente para tener por configurado el eximente. En consecuencia, corresponde desestimar el agravio de la demandada.
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ILO is a specialized agency of the United Nations. Decree No. Act No. Nota Infoleg. Act Decree of 18 April Modifying the Act. No Amended text s Act Supersedes art. It justifies certain inequalities set by the norm in order to compensate other inequalities already present in the employment relationship. Provincial Decree No. One of the objectives of this norm is the elimination of discrimination among women and men. Provides that pregnant women condemned to imprisonment shall be particularly assisted during pregnancy and confinement, and they shall receive all material resources to raise her child while as long as she remains in the prison.
Ley Maternity protection is conferred by the Act on Employment Contracts and covers all working women, with the exception of public employees except where they are expressly included within its scope or within the scope of collective labour agreements , domestic workers and agricultural workers. The law on agricultural employment establishes a similar protection scheme for maternity, which covers all agricultural workers.
A woman worker shall notify her employer of her pregnancy, and shall produce a medical certificate stating the expected confinement date. However, the worker may opt to reduce her pre-natal leave but this shall not be less than 30 days.
The remainder of the total leave period shall then be added to her post-natal leave. In the case of a premature birth, the full period of leave that the worker did not take before her confinement shall be carried over to the period of her confinement, so that she is granted 90 days altogether. Historical data year indicates year of data collection : Ninety days : Ninety days : Ninety days. A woman worker who has worked for more than one year in the enterprise may opt to extend her maternity leave for a period of not less than three months and not more than six months to care of the child.
If the woman worker is absent from her work for a period exceeding the maternity leave period because of an illness arising out of her pregnancy or confinement, she shall be entitled to sick leave for up to three months if she has worked for the same employer for less than five years and for up to six months if she has worked for the same employer for more than five years. Not provided Act No. Workers are entitled to paid paternity leave, with the exception of public, domestic and agricultural workers.
There are not qualifying conditions. Not provided for workers covered by the Contracts Act. Professors covered by the Statute of Professors are entitled in case of adoption of children under 7 years old to paid leave during 90 days.
Not expressly provided for pregnant workers. Women who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees.
Excluded are domestic workers, without prejudice to the executive authority including them in the scope of application of the Act on Labour Risks Act No. The female workers must have been in their employment for a continuous period of three months or have received unemployment benefits. Temporary workers must have a proven record of employment with one or more employers in the 12 months immediately preceding the start of their current employment.
Historical data year indicates year of data collection : per cent. Through family allowance funds, which are financed through state and employer contributions. Historical data year indicates year of data collection : Through family allowance funds, which are financed through state and employer contributions. Men who are privately employed, whatever the form of employment contract, beneficiaries of the Act on Labour Risks; beneficiaries of unemployment benefits; beneficiaries of the Act on the Integrated Retirement and Pensions System; and beneficiaries of the non-contributory pensions plan for disability, and national, provincial or municipal civil service employees.
Public sector usually is covered by special statutes that include maternity and paternity leave. There are not qualifying conditions to be entitled to paternity leave benefits.
Regular pay. It is not provided for workers covered by the Employment Contracts Act. Professors covered by the Statute of Professors public sector are entitled in case of adoption of a child under 7 years old to 90 days of paid leave without any qualifying condition to access to it. Pre-natal, childbirth and post-natal care during pregnancy are included in the Mandatory Medical Program of the health-care system.
Furthermore, "plan nacer" ensures registered disadvantage women with free medical health-care during pregnancy, confinement and after confinement Act Special protection for pregnant minors, right to healthcare, protecting measures on maternity and parternity Programa Materno-infantil de la Nacion Argentina.
By Social Security for people affiliated to the system By State for women registered in"plan nacer" Act Not mentioned. When there is a minimum number of workers as stated by legal provisions , the employer should provide for nursing facilities.
Not provided specially for pregnant workers. The reduction of the maximum legal only proceed when setting national rules and regulations of the matter, including provision of individual contracts or collective labor agreements. The latter may establish methods for calculating the maximum hours based on average, according to the characteristics of the activity. The prohibition was abolished. Not prohibited. The work on rest days is optional for all employees. Exception provided for Banks and Insurers.
There is not express prohibition for pregnant workers to work during rest days. Not expressly provided. Working mothers that need a leave to take care of a sick child, may opt to: 1.
To be in "excedencia" for 3 up to 6 months. Those women working in the morning and in the afternoon will have a break to rest of 2 hours at mid-day. Exception provided for those works where a break may affect the workers or the general interest or the shifts of continuous work.
It is prohibited to order the execution of work at home to women employed in local or any other unit in the company. Furthermore, is forbidden to occupy women in painful, dangerous or unhealthy jobs. The regulations shall establish the industries covered by this prohibition. It is not expressly provided a risk assessment for pregnant workers in The Act on Employment Contracts.
However, the norm on Labour risks establishes general rules to guarantee the safety and health of all workers and the duties in head of employers, employees and Professional risks managers. All employers have a general duty of guarantee the safety and health of workers in working places. Not provided. In case of remaining absent from work for longer as a result of illness medically certified which owes its origin to pregnancy or childbirth and in consequence do not allow her to resume work in due time, she will claim benefits under section wages of this law.
Is not expressly mentioned that pregnant workers will return to the same job they were performing before getting sick during pregnancy. A woman with a valid working relationship that gives birth to a child and continues residing in Argentina will enjoy of a right called "excedencia" that allows her to return to a job of equal category after the end of her maternity leave.
Under no circumstances can women be discriminated based on gender or marital status. All behaviours that discriminate against women in either public and private sectors; that are an obstacle to their enrollment, promotion, stability and permanence in employment; or by demanding their civil status, maternity, physical appearance and pregnancy tests is considered labor violence agains women.
Although the Act on Employment Contracts does not have any provision that expressly prohibit the dismissal of a woman on the grounds of pregnancy, it does guarantee that, during this period, every woman shall be guaranteed stability of employment during her pregnancy, which shall constitute an acquired right from the date on which she duly notifies her employer of the fact that she is pregnant, with confirmation in the form of a medical certificate.
In the absence of proof to the contrary, a woman worker shall be presumed to have been dismissed on account of her pregnancy or maternity if her dismissal is ordered within the seven-and-a-half months before or after the date of her confinement, on condition that she has discharged her obligation to give due notice and confirmation of her pregnancy and, where appropriate, of the birth of her child.
In August of the committee presented its analysis and proposal regarding changes in legislation on maternity protection and It was approved on September 29 of a norm that modifies the Labour code regarding maternity, paternity and parental leave. In October the Act was published. Decree Law No.
Labour Code, Decree Law No. Decree-Law No. Ley No LEY DE Maternity protection is conferred by the Labour Code and covers women workers in the public and private sectors, companies of mixed capital, public administration and public establishments, cooperatives, households, industrial, agricultural, mining and commercial enterprises and it also extents to all women covered by a welfare system.
In case of multiple births, the paid leave will be extended for 7 more days for each child after the second one.
Historical data year indicates year of data collection : 18 weeks six weeks before and 12 weeks after confinement. If the child is born after the expected date, prenatal leave shall be extended until the birth of the child.
If the worker becomes ill as a result of her pregnancy, or after delivery, she shall be entitled to additional leave for an unspecified period of time. Parental leave is part of the Maternity protection norms conferred by the Labour Code and it covers women workers in the public and private sectors, companies of mixed capital, public administration and public establishments, cooperatives, households, industrial, agricultural, mining and commercial enterprises and it also extents to all women covered by a welfare system.
The worker shall notify the employer her decision to take part-time parental leave. This notification shall be written and send at least 30 days before the expiring date of postnatal leave and through certified mail with copy to the Labour inspector.
Otherwise, the law provides the full-time parental leave as general rule. The father may enjoy this parental leave if the mother decide it, in this case the father shall notify his employer at least 10 days before making use of this right by written and through certified mail with copy to the Labour Inspector.
Since January the 1st of , unemployed women may enjoy the cash benefit related to postnatal parental leave up to 36 weeks, if: they are unemployed in the sixth week before confinement they have been affiliated to the Social Security System for at least 12 months or more before the beginning of pregnancy.
Female workers are entitled to a paid parental leave up to 12 weeks after the ending of their maternity postnatal leave 12 weeks. The Labour Code provides that employed fathers shall be entitled to five days of paid leave following the birth of the child. There are not qualifying conditions to be entitled with this right.
Labour Code. The father is entilted to five days consecutive or not of paid leave. This right is compulsory and must be taken during the first month after birth.
Argentina - Maternity protection - 2011
ILO is a specialized agency of the United Nations. Decree No. Act No. Nota Infoleg. Act