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LAW PROMOTING ACCESS TO FORMAL EMPLOYMENT FOR TRANSVESTITES, TRANSSEXUALS AND TRANSGENDER PEOPLE "DIANA SACAYAN-LOHANA BERKINS"

Law 27636

Provisions.




Article 1-Object. The purpose of this law is to establish positive action measures aimed at achieving the effective inclusion of transvestites, transsexuals and transgender people, in order to promote real equality of opportunity throughout the territory. of the Argentine Republic.

Article 2-Regulatory framework. In compliance with the obligations of the Argentine State in the field of equality and non-discrimination, this law adopts positive measures to ensure transvestites, transsexuals and transgender persons the exercise of the rights recognized by the American Convention on Human Rights and its Additional Protocol on economic, social and cultural rights; the specific recommendations set out in the Yogyakarta Principles on the implementation of the legislation international human rights in relation to sexual orientation and the identity of gender; Consultative Opinion No. 24 of the Inter-American Court of Human Rights on gender identity, and equality and non-discrimination against same-sex couples and law 26,743, of gender identity; in particular, those relating to:

a) Gender identity;

b) Free personal development;

c) Real equality of rights and opportunities;

(d) non-discrimination;

e) Decent and productive work;

(f) Education;

(g) Social security;

h) Respect for dignity;

i) Privacy, privacy and freedom of thought.

Article 3-Definition. For the purposes of this law, and in accordance with the provisions of Article 2 (2) of Law 26,743, be understood by persons transvestites, transsexuals and transgender persons to all those who are self-perceived with a gender identity that does not correspond with the sex assigned at birth.

Article 4 °-People reached. Transvestites, transsexuals and transgender people who are entitled to work on the terms established by labour law, who manifest that their Gender Identity is reached by the law, are hereby reached. definition of Article 3 of this law, whether or not there has been access to the change recorded in article 3 of Law 26,743, of gender identity.


Article 5-Labour inclusion in the national state. Cupo. The national state, comprising the three branches, the public ministries, the decentralized or autarquical bodies, the non-state public entities, the companies and the state companies, must occupy a non-inferior proportion. One percent (1%) of all of its staff with transvestites, transsexuals and transgender people, in all forms of regular contracting in force.

For the purpose of ensuring compliance with the quota provided for in the preceding paragraph, public bodies should establish reserves of jobs to be occupied exclusively by transvestite, transsexual or transgender persons. They must also reserve vacancies in the posts corresponding to the agents who have entered under the present law to be fully occupied by transvestite, transsexual and transgender persons.

Compliance with the provisions of this law must not in any case imply the cessation of existing industrial relations at the time of their sanction.

Article 6 °-Educational terminology and training. For the purpose of ensuring real equality of opportunity, the requirement of educational terminality cannot be an obstacle to the entry and permanence of employment in the terms of this law. If the persons aspiring to the jobs did not complete their education, in the terms of Article 16 of Law 26.206, of National Education, their income will be allowed with the condition of cursing the required educational levels and finish them. In such cases, the enforcement authority should arbitrate the means to ensure compulsory educational training and the training of transvestites, transsexuals and transgender persons in order to adapt their situation to formal requirements. for the job in question.

Article 7 °-Non-discrimination. Every transvestite, transsexual or transgender person has the right to a decent and productive job, to a level and satisfactory conditions of employment and protection against unemployment, without discrimination on the basis of gender identity and/or expression.

In order to guarantee income and stay in employment, the record of the violation cannot be assessed. Also, the criminal records of the applicants, which are irrelevant for the access to the job, will not be able to represent an obstacle to the income and permanence in the employment considering the particular situation of vulnerability of this collective.

Article 8 °-Cross and federal inclusion. It should be ensured that the employment inclusion of transvestites, transsexuals and transgenders, in accordance with the provisions of Article 5 of this Law, is reflected in all the agencies required, also ensuring a federal application. as regards the geographical distribution of the employment positions to be covered.

Article 9 °-Awareness actions. The bodies referred to in Article 5 of this Law should promote actions aimed at raising awareness of gender and sexual diversity in the fields of work, with the aim of effective integration of people. transvestites, transsexuals and transgender people in the jobs.

Article 10.-Priority in the hiring of the State. The national state must prioritize, at the same cost and in the form of regulation, the purchases of inputs and provisions to legal or human persons from the private sector that include transvestites, transsexuals and transsexuals in their work plant. transgender.

Article 11.-Incentives. Private sector. The employer's contributions generated by the recruitment of the beneficiaries of this law may be taken as payment on behalf of national taxes.

The benefit set out in the preceding paragraph is valid for twelve (12) months since the contract of employment is concluded. In the case of micro, small and medium-sized enterprises, the period will be extended to 24 months.

Article 12-Access to credit. The Banco de la Nación Argentina must promote credit lines with preferential rates for the financing of productive, commercial and/or services, individual or associative enterprises, specifically intended for the applicants transvestites, transsexuals and transgender. The enforcement authority should ensure advice and training for the transvestite, transgender and transgender persons interested in accessing this benefit.

Article 13.-Single Register of Aspirants. The enforcement authority should create a Single Register of Aspirants in which transvestites, transsexuals and transgender persons interested in applying to fill employment positions within the framework of this law may be registered, with the object of provide, to the requesting repartitions, as well as to the legal or human persons who require it, lists of candidates that correspond to the description of the position to be covered.

The registration in the same is not compulsory nor is it an impediment to the access to the system of labor inclusion provided for in this law.

The Register should include only the self-perceived name, the educational and employment background, as well as the skills and job preferences of the aspirants. The implementing authority should ensure accessibility for the registration of all interested persons.

Article 14.-Confidentiality. The persons responsible for the Single Register of Aspirants and all those involved in any phase of the processing of the personal data found therein have a duty of confidentiality, in accordance with the provisions of the Article 10 of Law 25.326 or the one which in the future replaces it.

Article 15.-No impersonation. Compliance with the labour quota provided for in Article 5, as well as access to the benefits and incentives provided for in Articles 10 and 11 of this Law, may not in any case involve authorisation to supplant workers who they have an employment relationship at the time of the sanction of this law, having their cessation.

Article 16.-Participation. The implementing authority should promote spaces for the participation of transvestites, transsexuals and transgender persons, representing trade union and civil society organizations from all over the country linked to the present law for the monitoring and monitoring its implementation, and for the development of mechanisms and policies to accompany transvestites, transsexuals and transgender people in their work inclusion process.

Article 17-Coordination unit Create, within the scope of the Executive Branch, an Inter-Ministerial Coordination Unit to ensure the comprehensive and coordinated implementation of this law between the bodies with competence in the field and the monitoring of the state of progress of this. The Coordination Unit will be composed of representatives of the Ministry of Women, Generals and Diversity of the Nation, the Ministry of Labor, Employment and Social Security of the Nation, the National Institute Against Discrimination, Xenophobia and the Racism and the Ministry of Education of the Nation.

The implementing authority may include other bodies if necessary for the implementation of this law.


Article 18.-Application Authority. The Executive Branch must determine the enforcement authority of this law. The implementing authority should promote that the design and implementation of the measures provided for in this law provide for a non-binary criterion of gender in accordance with Law 26,743.

Article 19.-Sanctions. The total or partial non-compliance of the present law by the officials and the public officials responsible constitutes a poor performance in their functions or serious misconduct, as appropriate.

Article 20.-Invitation. National universities. I invited the national universities, within the framework of their autonomy, to adhere to this law.

Article 21.-Accession. I invited the provinces and the Autonomous City of Buenos Aires to adhere to this law.

Article 22-Regulation. The Executive Branch must regulate this law within a period that cannot exceed sixty (60) working days, counted from its sanction.

Article 23.-Transitional provision. The execution of the obligations of the agencies and agencies set out in Article 5 of this Law must be carried out progressively and within a maximum period of two (2) years, counted from the date of its sanction.

Article 24.-Commune to the national executive branch.

GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-FOUR DAYS OF THE MONTH OF JUNE OF THE YEAR TWO THOUSAND TWENTY-ONE.


CLAUDIA LEDESMA ABDALLAH DE ZAMORA-SERGIO MASSA-Marcelo Jorge Fuentes-Eduardo Cergnul