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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.
The National Constitution of Argentina enshrines the following rights:. 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.
Health and hospital services; production and distribution of drinking water;electricity and gas; and air traffic control are all considered as essential. Less than 50 members. Their decisions will be taken in the manner determined by the statutes. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: The clauses of oey 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.
Trade unions must ensure effective internal democracy.
The National Constitution of Argentina enshrines the following rights: The decisions are adopted by the Council with the majority pey two thirds. Exchanging of information necessary for the purposes trabao the examination of the issues under discussion. The responsibilities of the Minimum Wage Council are: However, as arbitration is voluntary any of the parties could refuse it.
To be registered a trade union needs to submit: In case both parties accept it, arbitration awards are legally binding for the parties. Participation in tripartite bodies There is no general statement on the right of unions to affiliate with international organizations in labour legislation.
Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers. There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included. 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.
This principle implies for parties the following rights and obligations: Their statutes must ensure: 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.
Collective labour agreements concluded within a company or group of companies, shall meet the conditions established in the preceding paragraph and shall be submitted to the authority application for registration publication and deposit in accordance with the provisions of Article 5 of this Act. 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.
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. Economic and Social Council of Argentina Description: The conciliator may extend such period for five additional days, after which, if no agreement is reached the parties are left free to engage into industrial action. 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.
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. 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.
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 contractwhich will serve as the first four months of unemployment compensation. The enforcement authority shall be empowered to order the holding of hearings if deemed necessary to reach an agreement.
Workers have the following rights: 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. The court declared that the provision, which created a monopoly in trsbajo representation of collective interests was contrary to the freedom of association.
In case the conciliation proposal was not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. 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. Ed 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 provisions of df 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 Council has four permanent committeesnamely: Collective agreements must be in writing and shall contain: The tdabajo representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.
Trade Union activities in the bargaining units They hold office for two years, and can be re-elected Art. Employees’ representatives may be elected under the following conditions: Traabajo of interest are within the jurisdiction of the Ministry of Labour and Social Security. Public sector Law No. ILO is a specialized agency of the United Nations. Excluded from the application of the dee on joining trade unions and concluding collective agreements for state workers are: The minimum wage is officially recognized as provided by art.
In recently established enterprises, there is no minimum length of employment. 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.