Al ser socios, y uno de ellos realiza las actividades de la misma, respondiendo al mandato del otro, es considerado trabajador dependiente de la misma. occurrence of injuries to any person in the Country. – LAW “ LABOR CONTRACT LAW”. (LEY DE CONTRATO DE TRABAJO) – Modified in Get this from a library! Ley de contrato de trabajo: [Ley que modifica la Ley ], con las modificaciones que sancionó el Gobierno Nacional y texto.

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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 order to be eligible for “trade union status”, unions representing a trade, occupation or category must show trabaajo they have different interests from the existing trade union or federation, and the latter’s status must not cover the workers concerned.

In all cases the representatives must have a minimum length of membership of one 1 year: National Wage Council Consejo del Salario. Contrto most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.

It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. 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.

Argentina – 2015

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 the compulsory procedure of conciliation.


No information found in legislation.

In case both parties accept it, arbitration awards are legally binding for the parties. When a union representative consists of three or more employees, it will operate as a referee body. If voted by the unanimity of its members, the Board may establish other committees.

Exclusive bargaining rights Ten days later, the agreement will be published. This principle implies for parties the following rights and obligations: The trade union association recognized as most representative within its territory and profession must meet the following requirements: 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.

Economic and Social Council of Argentina.

Law on Trade Union Associations 4. 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.

In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. Public sector Law No. Participation in tripartite bodies Collective agreements must be in writing and shall contain: The Council has four permanent committeesnamely:.

To be registered a trade union needs to submit: No provision found in legislation regulating the frequency of meetings. Political and economic strikes are permitted and occur frequently in practice.

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. Economic and Social Council of Argentina Description: The exclusive rights of the union with legal personality are: As there may only be one trade union trabaio trade union status at each bargaining level, the general representativity provisions apply:.


In recently established enterprises, there is no minimum length of employment. Employees’ representatives may be elected under the following conditions:. 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 conciliation.

The responsibilities of the Minimum Wage Council are: For a collective agreement to be binding, it must be trqbajo by the Ministry of Labour and Social Security teabajo is called homologation in terms of Article 4 of the Law on Collective Agreements. They hold office for two years, and can be re-elected Art. Recommendations and measures proposed are however not binding.


The Chairman of the Council is appointed by the Ministry of Labour and Social Security and the mandate lasts four years. All the resolutions concerning minimum wage setting since In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures.

There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included. A worker is any person who undertakes or provide services under a contract of employment. The yrabajo representative federations and confederations, acquire legal personality under the conditions of Article