Antigua and Barbuda - Wages - Law, Act. Protection of Wages Amendment Act Adoption : ATGL Argentina - Wages - Regulation, Decree, Ordinance. Argentina - Wages - Miscellaneous circular, directive, legal notice, instruction, etc.
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Ordered texts of Laws No. Constitutional provisions giving effect to freedom of association and collective bargaining rights: The National Constitution of Argentina enshrines the following rights:. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment.
Legal provision: A worker is any person who undertakes or provide services under a contract of employment. Legal provision: An employer is the natural or legal person or group of them, with or without legal personality, who requires the services of a worker. Legal provision: 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.
Legal provision: Collective labor agreements are concluded between a professional association of employers, an employer or group of employers, and professional association of workers with legal personality. Legal provision: Health and hospital services; production and distribution of drinking water; electricity and gas; and air traffic control are considered as essential services.
Legal provision: Workers have the following rights: a to freely and without the need for prior authorization, establish trade unions; b to join the already established and not join or leave; c to meet and develop trade union activities Therefore, although it is possible for a number of unions to be filed and registered in the Ministry of Labour, only one may have trade union personality.
Enterprise level 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. Occupational level 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.
Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities. In order to challenge an association's most representative status, the petitioning association must have a "considerably larger" membership; and section 21 of the implementing Decree qualifies the term "considerably larger" by laying down that the association claiming "trade union status" must have at least 10 per cent more dues-paying members that the organization which currently holds the most representative status.
The most representative federations and confederations, acquire legal personality under the conditions of Article The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers. The exclusive rights of the union with legal personality are: a To defend and represent the individual and collective interests of workers to the state and employers i.
The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.
Trade Union activities in the bargaining units The exclusive rights of the union with legal personality are: b to participate in institutions for planning and control of compliance with the respective norms. The exclusive rights of the union with legal personality are: d Collaborate with the State in the study and solution of the problems of workers f To administer their own social works and, as appropriate, participate in the administration of the law created by or by collective labor agreements.
The exclusive rights of the union with legal personality are: e To establish earmarked funds which have the same rights as cooperatives and mutual funds. Legal provision: To be registered a trade union needs to submit: a the name, address, financial situation and background; b a list of members' names; c a list of names and nationalities of trade union's executive committee's members; by-laws.
Legal provision: There is no general statement on the right of unions to affiliate with international organizations in labour legislation. Legal provision: 8. Trade unions must ensure effective internal democracy. Their statutes must ensure: a communication between the internal organs of the association and its members; b that delegates to the deliberative bodies act with mandate from their constituents and then inform them their management; c the effective participation of all members in the life of the partnership, ensuring the direct election of governing bodies at local and sectoral unions; d The representation of minorities in the deliberative bodies.
Legal provision: The reasons for refusing a worker from affiliating to a trade union are: a non-compliance with any by-laws requirements; b the worker does not belong to the sector or category represented by the trade union; c the worker has criminal records; d the worker has been expelled from another trade union less than one year before the membership application date.
To join the governing body of a trade union, a person is required: a to be of legal age; b to not have criminal or civil restraints. Also, the lists submitted must include women according to these minimum percentage and allows for their election. Legal provision: Art. Legal provision: 3. Excluded from the application of the rules on joining trade unions and concluding collective agreements for state workers are: e the military and security of the Armed Forces of the Nation, National Guard, Coast Guard, Federal Police, Federal Prison Service or equivalent Agency staff;.
Excluded from the application of the rules on joining trade unions and concluding collective agreements for state workers are: d persons who, by law or regulation issued by the authorities of the Government, exercising comparable or equivalent to the foregoing positions hierarchy functions. Description: Institution B: The Economic and Social Council is a tripartite statutory body that has not yet been established.
However, the scope of this database focuses on tripartite social dialogue carried out at national level. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. The Council has four permanent committees , namely :. If voted by the unanimity of its members, the Board may establish other committees. The main responsibilities of the Council are: -To periodically ascertain the minimum vital and adjustable wage.
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. Inactive for almost a decade and convened again in through Decree no. Description: Institution B: There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included.
Description: Institution C: No information found in legislation. Description: Institution B: Representation of all social, technical, professional, sporting, cultural and neighborhood associations at national level. Description: Institution C: The responsibilities of the Minimum Wage Council are: -To periodically ascertain the minimum vital and adjustable wage. 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 contract , which will serve as the first four months of unemployment compensation.
Description: Institution C: The minimum wage is officially recognized as provided by art. Description: Institution C: All the resolutions concerning minimum wage setting since Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.
Those who exercise the functions entrusted by Article 40 of this law are entitled to: a verify the application of legal or conventional rules, and can participate in inspections provided the administrative labor authority; b Meet periodically with the employer or his representative; c Submit to employers or their representatives claims of workers on whose behalf acting upon authorization of the respective trade union.
Notwithstanding agreements made in collective labor agreements, employers will be required to: a Provide a place for the development of the duties of staff representatives, based on the number of employees and the mode of delivery of services;and the characteristics of the establishment.
Legal provision: Employees' representatives may be elected under the following conditions:. To perform the functions indicated in Article 40 requires an employee to: a be affiliated with the respective union with legal personality and be elected in elections called by them, in the place where the services or in relation to which it is concerned and working hours are provided, by direct and secret ballot of workers to be represented.
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. In recently established enterprises, there is no minimum length of employment. 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. They hold office for two years, and can be re-elected Art.
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: a for ten 10 to fifty 50 workers, one 1 representative; b for fifty-one 51 to one hundred employees, two 2 representatives; c for one hundred and one onwards, one 1 representative over a hundred workers who exceed one hundred to be added to those set out in the preceding paragraph.
In establishments with more than one shift, there will be will be a delegates in turn, at least. When a union representative consists of three or more employees, it will operate as a referee body. Their decisions will be taken in the manner determined by the statutes. Legal provision: No provision found in legislation regulating the frequency of meetings. However, Art. 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: a The organizational structure of the National Public Administration; b The powers of the State address; c The principle of suitability as the basis of income and promotion in the civil service.
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. Legal provision: As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply:.
Legal provision: Only one trade union can be granted trade union status by the Ministry of Labour at each bargaining level. Therefore, in order to have bargaining rights, the general representativity requirements in Article 25 must be met see point 5. Once a trade union is granted trade union personality, they have exclusive rights granted by Art. Legal provision: 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.
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. The rules of collective agreements approved will be binding and can not be modified by individual employment contracts, to the detriment of workers.
Legal provision: Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers. Legal provision: 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. Legal provision: 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.
The approval process is to ensure that the agreement does not violate any rules of public order. Once approved,it is legally binding on all employers and employees included in the industry or the branch, within its territorial scope. Legal provision: The Ministry of Labour , Employment 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.
Legal provision: Social partners that are signatory to the agreement initiate the process. The Ministry of Labour , Employment 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.
Law on Trade Union Associations 4. This implies: I. Attending meetings as agreed or determined by the enforcement authority. Appointing negotiators with sufficient authority. Exchanging of information necessary for the purposes of the examination of the issues under discussion. 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.
Law No. The parties are obliged to negotiate in good faith. This principle implies for parties the following rights and obligations: a Attendance at negotiations and hearings duly cited; b The conduct of meetings as necessary, in the places and with the frequency and timing that are appropriate; c The designation of negotiators with sufficient expertise and representation to discuss the issue in question; d The exchange of information necessary for the purposes of examination of the issues at stake; e Undertaking efforts to reach agreements that take into account the different circumstances.
Subject to appropriate sanctions by law, between the breach of these obligations by either party, the Ministry of Labour and Social Security may give public the situation raised through the appropriate media for this purpose. Legal provision: Collective agreement shall be submitted to the Ministry of Labour for approval homlogation.
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. Only then, the latter will enter into force. Ten days later, the agreement will be published. It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest.
ISBN 13: 9789505084982
Maximum probationary trial period in months : 3 month s Remarks: Art. During this time, either party may terminate the employment contract without justification and without liability for indemnification. Notice requirements must however be observed. Notification to the worker to be dismissed : written Remarks: Art. Pay in lieu of notice : Yes Remarks: Art.
Argentina - 2015