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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 trbajo The Economic and Social Council is a tripartite statutory body that has not yet been established.
When a union representative consists of three or more employees, it will operate as a referee body. 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 leg.
The arbitration award will have the same effect as a collective agreement. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment.
Collective agreement shall be submitted to the Ministry of Labour for approval homlogation. For public sector workers: No provision found in legislation regulating the frequency of meetings.
It also participates in the fixing of minimal services when the interested parties in the conflict have not come to an agreement or when the agreement se inadequate. The Chairman of the Council is appointed by the Ministry of Labour and Social Security and the mandate lasts four years.
Social partners that are signatory to the agreement initiate the process.
The trade union association recognized as most representative within its territory and profession must meet the following requirements: Exchanging of information necessary for the purposes of the examination of the issues under discussion. Recommendations and measures proposed are however not binding. In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures. However, the Penal Code states that it shall be punishable with imprisonment from one month to one year for a worker who has exercised violence against another to compel him to take part in a strike.
Argentina – 2015
It counts on five members with tenure and five substitutes who shall be named by the government; four of them at the proposal of the business councils, the two central unions, the national interuniversity council and the federation of lawyers associations.
In all cases the representatives must have a minimum length of membership of one 1 year: Employees’ representatives may be elected under the following conditions: The parties tarbajo obliged to negotiate in good faith. 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 establishments with more than one shift, there will be will be a delegates in turn, at least.
As there may only 200744 one trade union with trade union status at each bargaining level, the general representativity provisions apply: Appointing negotiators with sufficient authority. No restriction found in legislation. Also, the lists submitted must include women according to these minimum percentage and allows for their election. The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.
Excluded from the application of the rules on joining trade unions and concluding collective agreements for state workers are: Less than 50 members. 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.
Politica. Ley contrato de trabajo by Lara Murad on Prezi
Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities. It is an advisory body to the technical secretariat of the Presidency of Argentina, and has tripartite representation. National Wage Council Consejo del Salario.
The rules of collective agreements approved will be binding and can not be modified by individual employment contracts, to the detriment of workers. 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.