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Labor Reform - Its Approval - - Full Text Of The Norm

Original Language Title: TRABAJO REFORMA LABORAL - SU APROBACION - - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
(Note Infoleg: rule abrogated by art. 1 Act No. 25.877 B.O. 19/3/2004) LABORAL REFORM Law 25.250 Stimulus to stable employment. Test period. Collective Conventions. Amendments to Law 14.250. Bicameral Commission for the Monitoring of Collective Negotiation. Amendments to Law 23.546. Social balance. Integrated Labour Inspection and Social Security System. Records simplification. Final provisions.

Sanctioned: May 11, 2000.

Promulgated: May 29, 2000.

The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc. They sanction with force of law:

PART I

_

ARTICLE 1 Replace article 3 of Act No. 25.013, which amends article 92 bis of the Labour Contract Regime (Act No. 20,744, 1976), with the following text:

The employment contract for undetermined time, except for the employment contract characterized by article 96 of the Labour Contracts Act 20,744 (text under Act No. 24,013), is deemed to be held on trial during the first three (3) months. Collective labour agreements may modify this period up to a period of six (6) months.

If the employer is a small business defined by article 83 of Law 24,467, the undetermined employment contract shall be deemed to be held on trial for the first six (6) months. In the latter case, collective labour agreements may modify this period up to a maximum of twelve (12) months in the case of qualified workers as defined by the conventions. In both cases the following rules shall apply:

1. An employer cannot hire the same worker more than once, using the probationary period. The abusive use of the probationary period in order to avoid the realization of workers will be subject to sanctions under labour law infringements regimes. In particular, the conduct of the employer who successively hired various workers for the same permanent job shall be considered abusive.

2. The employer must register the employment contract beginning with the probationary period. If not, and without prejudice to the consequences of such non-compliance, it is understood that it has renounced that period.

3. During the trial period, the parties to the contract have the rights and obligations of the legal link, with the exceptions set out in this article. Such recognition of the worker includes trade union rights.

4. During the trial period, either party may extinguish the relationship without the expression of cause and without the obligation to notice. In such cases, such extinction does not generate any compensatory right.

5. During the trial period the parties are obliged to pay contributions and contributions to Social Security.

6. During the trial period the worker has the right to work accident or illness benefits. Also by accident or inculpable illness, which will last only until the end of the probationary period if the employer terminates the employment contract during that period. The application of article 212 of the Labour Contract Act is excluded.

7. The probationary period is computed as a time of service for all labour and social security effects.

ARTICLE 2 An employer who produces a net increase in his/her payroll of workers recruited for undetermined time, defined that increase according to the criteria established by the regulation, shall enjoy a reduction in his/her contributions to Social Security, in relation to each new worker who so increases the strength. This reduction will be effected from the first month after the end of the probationary period, which is to be operated when the maximum period has elapsed, or when the employer refuses to use it in all its extension or part of it, and the worker continues to provide services.

The reduction consists of a partial exemption from contributions to the social security system, equivalent to one third of current contributions. When the worker who hires to take up the new job is a 45-year-old man, or a female head of household of any age, or a young male or female of up to 24 years, the partial exemption will be raised to half of the current contributions.

The composition of the reduction shall be determined by the regulation, which shall not affect the rights conferred on workers by the social security regimes, or alter contributions to social works.

In no case can the reduction cited affect the financing of Social Security. For this purpose, a compensatory provision will be included in the National Budget. The amount of this item will be determined by the Executive Branch on the basis of the annual projections on job creation by the Ministry of Labour, Employment and Human Resources Education.

For the current budget period, the Treasury Secretariat will provide the necessary funds with savings from other items.

Article 3 The National Government, through the Employment Secretariat of the Ministry of Labour, Employment and Human Resources Education, will actively support a grant for the payment of remuneration, the hiring of unemployed men of 45 years or more and women heads of household of any age, for new jobs that result in a net increase in the payroll of workers recruited for undetermined time in enterprises defined under the criteria of article 23 of the Act. The Ministry of Labour, Employment and Human Resources Education will conclude agreements with the governments of the provinces and with the Government of the Autonomous City of Buenos Aires for the distribution of resources for these purposes. The amounts, conditions, scope and caps of the subsidy shall be determined by regulation. ARTICLE 4 Without prejudice to the powers of the public control authority in cooperative matters, the labour inspection services are empowered to exercise the counter-reference of the labour cooperatives for the purpose of verifying compliance with labour standards and social security in relation to workers dependent on their service, as well as the partners of the labour law in fraud. The latter will be considered workers dependent on the cooperative for the purpose of implementing labour legislation and social security.

If, in the exercise of their functions, such services prove that they have been engaged in a denaturalization of the cooperative figure for the purpose of totally or partially detracting from the application of the labour system, they shall, without prejudice to the exercise of their power to ascertain the breaches of the labour standards in which they have so been incurred and to proceed to their trial and punishment, denounce this circumstance to the specific authority of public control for the purposes of article 101

Working cooperatives will not be able to act as companies providing eventual, seasonal, or otherwise provide services of the placement agencies.

PART II

COLECTIVE CONVENTIONS TO THE LAW 14.250

ARTICLE 5o Amend article 1 of Act 14,250 (t.o. decree 108/88), which shall read as follows:

"The collective labour conventions that take place between an employer association, an employer or a group of employers and a trade union association with trade union status are governed by the provisions of this law.

Only workers in the national, provincial and municipal public sector and teachers under the law are excluded from this law. Without prejudice to this, the sectors of the National Civil Service are included within the scope of this law, which, at the time of their sanction, are still incorporated into the collective bargaining regime established by this law, unless their parties agree to accept the system established by law 24,185".

ARTICLE 6 Amend article 2 of Act 14,250 (t.o. decree 108/88), which shall read as follows:

"When it is intended to constitute a bargaining unit that exceeds the scope of one or more specified companies, the enforcement authority shall establish its scope, depending on the representative aptitude of the union defined in the act of granting its trade union membership and that of the group of employers and associations of employers who have expressed their will to integrate it. The regulation shall indicate the guidelines and criteria to which such authority should be put in place to establish the representative aptitude of the employers ' sector, to be applied in cases where they have not reached an agreement. It will also establish those that should be taken into account in determining the participation of its members in the formation of the will of the sector, in the event that the latter do not establish it in common agreement. In all cases that constitute a bargaining unit for a collective convention that includes more than one employer among which small businesses are located, it must be credited to the convention to be held, which contains a specific chapter that understands them and which has been negotiated by their own representatives. "

ARTICLE 7 Add to the text of article 4 of Law 14.250 (t. decree 108/88), a final paragraph which reads as follows:

"The collective bargaining agreements concluded with the trade union with a trade union acting in it also require approval. In all cases, the registration, publication and deposit obligations provided for in Article 5 of the Law must be fulfilled with respect to them."

ARTICLE 8 Amend article 6 of Act 14,250 (t.o. decree 108/88), which shall read as follows:

"The parties may establish different expiration dates for the terms of the convention and even grant them ultraactivity. If they do not exercise such power or have entered into a new agreement, the terms of the agreement shall be terminated within two (2) years from the date on which one of the parties has formally denounced the agreement. "

Article 9 Amend article 13 of Act 14,250 (t.o. decree 108/88), which shall read as follows:

"The Ministry of Labour, Employment and Human Resources Education of the Nation will be the authority to implement this law. It may, however, conclude agreements with the provinces and with the Government of the Autonomous City of Buenos Aires for the purpose of totally or partially delegating this function to the negotiating units whose territorial scope does not exceed the limits of the respective jurisdiction. In this case, the local enforcement authority exercises these powers in accordance with the provisions of this law, its regulation and the conditions and reservations set out in the respective convention. However, the decision establishing the negotiating committee and the approval and registration of these collective agreements is carried out by the Ministry of Labour, Employment and Human Resources Education.

The agreements with the provinces should provide for the transfer of the technical and economic resources that ensure compliance with the rule effectively and efficiently."

ARTICLE 10. Three new chapters shall be incorporated into the law 14.250 (t. decree 108/88), which reads as follows:

Chapter III

Collective Negotiation

Article 21: The collective agreements have the functional and territorial scope that the parties agree within their representative capacity, which are described below as enunciative:

National, regional or other territorial conventions;

Intersectoral or framework agreement;

Activity Convention;

Convention of profession, office or category;

Business or group agreement.

Within their representative capacity, the parties may conclude agreements exclusively aimed at regulating working conditions and employment in small enterprises, for any of the functional and territorial areas covered by this article.

Article 22: The representation of workers in the negotiation of the collective bargaining agreement is carried out by the trade union whose union person would understand them, regardless of the greater scope of representation than the union. However, if it is intended to negotiate a business agreement and the representation of the workers has a greater scope than that of the company, the union representation of the workers must also be integrated with the delegates of the staff or members of the internal commission in a number that does not exceed the representation established in article 45 of the law 23,551 to the number of two hundred (200) workers, whatever the size of the company or the number of workers to be performed.

In the event that the number of delegates or members of the internal commission, elected under articles 40 et seq. of Act No. 23.551, exceeds that expressed in the preceding paragraph, the selection of those who will be members of the negotiating committee shall be made as established by the trade union statutes.

Chapter IV

Coexistence, Articulation and Succession of Collective Labour Conventions

Article 23: Collective agreements may establish forms of articulation between negotiating units of different fields, adjusting the parties to their respective powers of representation.

Article 24: A collective agreement of a minor scope shall not be affected by a subsequent convention of a greater scope, unless the parties of the agreement express their commitment to the latter, or are represented by express act issued to that end in the negotiating committee of the subsequent collective agreement.

Article 25: A collective labour agreement of a minor scope shall prevail over another one of a greater scope, except that it has been concluded to articulate with the latter.

The lower-grade union entity which has expressed its willingness to negotiate at the lower level may delegate its representation to this effect to the union entity signatory to the larger-scale collective agreement.

If such a delegation is not produced, the trade union entity signatory to the collective bargaining agreement shall, at its request, participate in the negotiating committee of the small-scale collective agreement together with the lower-level union entity which has expressed its willingness to negotiate at that level.

In the event of a discrepancy between the representatives of both trade union entities, the matter will be resolved in accordance with the provisions of their respective statutes.

If the statutes do not resolve the issue or its provisions are contradictory, and the trade union entities do not self-compound their own differences, the will of the lower-level entity shall prevail.

Article 26: The collective agreement that happens to an earlier one of equal scope and level, may have the rights recognized therein. In that case, the provisions of the new convention shall apply in full.

Article 27: The collective agreements of higher scope than that of enterprise shall establish the conditions and procedures to exclude from their regime the companies whose economic stability may be affected if such a regime is applied.

If those agreements do not establish such conditions and procedures, the exclusion of a company will only proceed if it is agreed between the employer and the union signatory of the collective agreement, when so required the economic situation of the company against crisis situations and for a specified period. In this case, the representation of workers shall be integrated in the manner provided for in article 22 of this Act. If the employer and the representation of the workers fail to achieve an agreement concerning the exclusion of the company from the general regime of the agreement or to the new wage conditions that will govern it, one or the other issue will be resolved by the Joint Interpretation Commission of the Convention, constituted in accordance with articles 14 to 17 of this law.

Chapter V

Transit regulations

Article 28: In connection with the collective labour agreements concluded prior to the enactment of Act No. 23,545 which are in force by ultraactivity at the date of the sanction of this Act, it is stated that its validity shall be extended by two (2) years from the date of the decision of the enforcement authority which, with specific reference to each of these conventions, calls for the unity of negotiation of the same level and scope to be declared and declared to be in place.

From the publication of this Act and to the expiry of the time limit provided for in the preceding paragraph, if a collective agreement is concluded, the lowest scope of which is included in one of the conventions referred to in the preceding paragraph, the initial basic salaries of each category and level provided for in the new agreement shall not be less than those of the equivalent categories set out in the larger-scale agreement.

During the same period, the worker whose individual employment contract was previously governed by this last ultra-active agreement will maintain the wage conditions there.

The parties called for the replacement of the ultra-active convention shall be obliged to integrate the negotiating unit.

This period of two (2) years referred to in the first paragraph of this article, if the parties legitimized to conclude the renewal for the same level and scope of the collective agreement in force ultra-active have not reached an agreement on the clauses governing working conditions, wages and employer contributions, the request of the trade union party or of both parties jointly, the authority of application shall have the authority to submit the dispute to an arbitration. In the absence of such a request, such clauses shall be invalid.

The remainder of the treaty clauses that have not been agreed upon shall remain in force until their modification is agreed.

From the date of the decision of the administrative authority providing for arbitration, the parties shall have a period of thirty (30) days to hold the corresponding arbitration and to designate, in common agreement, the arbitrator or arbitrators who shall hold the arbitral task. If they do not do so, the determination of arbitration issues, of the time limits to offer and produce evidence and to dictate the award, as well as the designation of the arbitrators, in whose charge the settlement of the dispute will be, shall be assumed by the enforcement authority which shall proceed to such effect as is established in the regulation.

The same procedure will be followed if the arbitrators for lack of agreement do not dictate the award and the decision of this case will only deal with unresolved issues.

Until the award is signed, the previous treaty clauses will remain in force.

The award thus issued shall have a maximum period of two (2) years, unless otherwise provided by the arbitration.

Against such a ruling, no other remedy shall be allowed than that of nullity, based on having lauded on issues not subject to arbitration or beyond the time limit set for that purpose. This remedy, which will be founded, must be filed with the National Labour Appeals Chamber within five (5) working days of notice of the award. The Tribunal, upon transfer to the remaining parties for three (3) days, shall issue a final decision within a maximum of ten (10) working days from the expiry of the previous term. If the invalidity of the arbitral award is declared, the enforcement authority shall have a new arbitration.

Article 29: The collective labour agreements concluded after the enactment of Act No. 23,545, which shall be terminated by the date of promulgation of this Act, shall continue to be in force for an additional period of two (2) years in relation to each of them on the basis of their complaint by any of the parties.

If the parties entitled to conclude the renewal of the convention until then ultra-active have not reached an agreement, the enforcement authority shall invite them to submit the dispute to a voluntary arbitration.

If the parties agree to submit to the proposed arbitration, the terms of the agreement shall remain in force until such time as the award issued as a proceeds of such arbitration enters into force.

If, on the other hand, one of the parties does not agree to submit to that voluntary arbitration, the collective agreement complained of will be invalid, but the worker whose individual employment contract had until then been governed by that agreement will maintain the wage conditions provided for there until the conclusion of a new collective agreement that includes that worker within its scope.

The provisions of the preceding paragraphs of this article shall not apply in relation to those conventions whose parties have expressly agreed to their ultraactivity or other specific criterion for the duration of the convention. In this case, the duration of the agreement shall be governed by what it would have been agreed upon by its parties.

PART III

BICAMERAL FOLLOW-UP COMMISSION

COLECTIVE NEGOTIATION

ARTICLE 11. In the context of the Congress of the Nation, a bicameral commission, henceforth the Bicameral Commission for the Monitoring of Collective Negotiation, composed of five senators and five deputies, maintaining the proportionality of the different political forces, appointed on the proposal of the respective committees of Labour Legislation of the two Chambers, who shall establish their internal rules of procedure.

Such a commission will have as its mission to follow up on the collective negotiations that take place on the basis of the sanction of this law, as well as the collective agreements that are concluded in that framework. In particular, it shall consider the subjects, levels and contents of the negotiation, the evolution of the structure of the collective bargaining and of the wages set out in the agreements according to the levels at which they have been concluded, the relationship between bargaining units and collective agreements of the various levels, the criteria of succession, the articulation and the concurrence of collective agreements, the situations of exclusion of companies from collective agreements of higher scope, and any other matter of collective bargaining.

In order to fulfil its mandate, the Bicameral Commission for the Monitoring of Collective Negotiation should be informed by the Ministry of Labour, Employment and Human Resources Training on the issues provided for in the preceding paragraph, as well as of those related to collective bargaining and the conventions that the Commission considers relevant to require. It may commission studies, request reports to other public and private entities, as well as to trade union and business enterprises and organizations. The administrative authority for implementation should previously consider the observations, recommendations and proposals made by the Bicameral Commission, in relation to the issues of follow-up to the Commission.

PART IV

MODIFICATIONS TO THE LAW 23.546

ARTICLE 12. Add to article 3 of Act No. 23.546 a section which reads as follows:

"In the exercise of their collective autonomy and within their representative capacity, the parties may agree to the preservation of the functional or territorial scope of the previous agreement, or its modification. In the case of conflict concerning the determination of the functional or territorial scope of the negotiating unit, the parties, in the exercise of their collective autonomy, may:

Request the intervention of public or private mediators.

Subscribe an arbitration commitment.

". Submit to the intervention of the Federal Mediation and Arbitration Service provided for in this Law."

ARTICLE 13. Incorporate as article 3o bis of Law 23.546 the following text:

"Article 3o bis: Believe the Federal Mediation and Arbitration Service as a person of non-State public law, with functional autonomy and financial autarchy. Its mission will be to intervene in the collective conflicts that arise within the framework of collective bargaining and whose action is required in common by the parties to the conflict. The regulatory decree of this law shall describe its functions, determine its organization, define its authorities and procedures for its designation, which shall ensure its independence from political power and sectoral representations."

ARTICLE 14. Add to article 4 of Law 23.546, the following text:

"3. The parties are obliged to negotiate in good faith, which implies:

(a) Concurrence to meetings established by common agreement or by agencies or third parties that convene them within the framework of the conflict resolution procedures provided for in the previous article.

(b) The designation of negotiators with sufficient mandate.

(c) The exchange of information necessary for the purposes of the discussion of issues in order to engage in a well-founded discussion and obtain a fruitful and balanced agreement. In particular, the parties are obliged to exchange information related to the distribution of productivity benefits and recent and future developments in employment.

(d) Real efforts to achieve agreements.

4. In the collective bargaining at the level of the company whose strength exceeds 40 workers, such exchange will also reach information on the following topics:

(a) The economic situation of the enterprise, the sector and the environment in which it is developed;

(b) Unit labour cost and absenteeism indicators;

(c) Technological and organizational innovations envisaged;

(d) organization, duration and distribution of work time;

(e) Labour accidents and prevention measures;

(f) occupational training plans and actions.

5. It should be understood that the obligation to negotiate in good faith persists in cases of preventive business crisis procedures and in the business processes, which implies:

A) Before or during the processing of a preventive crisis procedure, regulated in Chapter VI of Title III of Law 24.013, the company that insists it shall inform its workers and the union representation of them about the causes and consequences of such crisis.

Also, once the procedure is opened, the company must inform the union representation of its workers about the following subjects:

(a) Maintenance of employment.

(b) Functional, time or wage mobility.

(c) Investment, technological innovation, productive conversion and organizational change.

(d) Requalification and vocational training of the workforce employed in the enterprise.

(e) Internal or external relocation of surplus workers and relocation assistance regime.

(f) Agreed contributions to the Integrated Pension and Pension System.

(g) Help for the creation of productive enterprises by surplus workers.

B) In the negotiation of the collective crisis agreement provided for in article 20 of Law 24.522, the company will inform the union representation of its workers about the following circumstances:

(a) causes of the crisis and its impact on employment;

(b) Financial and economic situation of the enterprise and the environment in which it is developed;

(c) proposals in accordance with creditors;

(d) Rehabilitation of productive activity;

(e) Relinquishment of labour privileges.

6. Those who receive classified information by the company as a result of the performance of the duties contemplated in this article are obliged to keep secret about it.

7. Without prejudice to the provisions of articles 53 to 55 of Law 23.551, it will be considered unfair and contrary to the ethics of professional relations of work, by employers, professional associations representing them or trade union associations, to refuse unjustifiedly to negotiate collectively in good faith with the union association, the employer or the organization of legitimate employers to do so or to provoke delays that tend to obstruct the negotiation process.

In such cases, the party affected by non-compliance may promote a complaint by unfair practice before the competent court, by means of the most comprehensive procedure established in the Code of Civil and Commercial Procedure of the Nation. The Tribunal shall have the immediate cessation of the obstructive conduct of the duty to negotiate in good faith and may also prudently and reasonably sanction the unencumbered party, with a fine of up to a maximum of twenty per cent (20 per cent) of the total wage mass of the month in which the event occurs, of workers within the personal sphere of the negotiation. If the offending party maintains its attitude and does not cease its default, the amount of the penalty will be increased by ten percent (10%) for every five (5) days of arrears to comply with the court decision. In the event of recidivism the maximum provided for in this article may be raised to the equivalent of 100 per cent (10 per cent) of such income.

Without prejudice, the judge, at the request of a party, may also apply the provisions of article 666 of the Civil Code.

All such amounts will have as their sole destination labour training programmes emanating from the Ministry of Labour, Employment and Training of Human Resources and the Unemployment Fund in the proportion established by the regulation of this Act.

Where unfair practice is repaired by the cessation of motivating acts within the time limit that the judicial decision is established, the amount of the penalty may be reduced to 50 per cent (50%). The promotion of the complaint for violation of the duty to negotiate in good faith does not suspend the period of conventional negotiation agreed upon by the parties or established by law."

ARTICLE 15. Amend article 5 of Act No. 23.546, which reads as follows:

"Article 5: From what happened during the course of the negotiations a summary record will be broken. The agreements are adopted with the consent of the sectors represented.

Where there is no unanimity within one of the parties, the position of the majority prevails, in accordance with its representative aptitude and in accordance with the provisions of article 2 of Law 14.250."

ARTICLE 16. Defrost the first section of Article 6 of Law 23.546. ARTICLE 17. Amend article 7 of Act No. 23,546, which reads as follows:

"Article 7: In the differences that arise in the course of the negotiations shall be law 14.786, unless the parties agree to submit to one of the alternatives provided for in article 3 of that law. "

PART V

SOCIAL BALANCE

ARTICLE 18. Companies that occupy more than five hundred (500) workers shall produce annually a social balance that collects systematized information regarding working conditions and employment, labour costs and social benefits from the company. This document will be rotated by the company to the union representation of its workers, within thirty (30) days of elaboration.

PART VI

INTEGRATED SYSTEM OF INSPECTION

WORK AND SOCIAL SECURITY

Chapter I

Composition, Functions and Principles of Action

ARTICLE 19. The Integrated Labour and Social Security Inspection System, with the aim of monitoring compliance with labour and social security standards, guaranteeing the rights of workers provided for in article 14 bis of the National Constitution, and in the International Conventions ratified by Argentina, eliminating unregistered employment and other distortions that non-compliance with labour and social security regulations causes in markets. The system will be composed of regulatory bodies. The services that integrate the system will be provided by the administrative authority of Labour and Social Security naciona l and provincials and the Autonomous City of Buenos Aires, which will act under the principles of co-responsibility, co-participation, cooperation and coordination, to ensure their effective and homogeneous functioning throughout the national territory. ARTICLE 20. The agencies of the Integrated Labour and Social Security Inspection System, within their respective jurisdictions, shall monitor and require compliance with the existing regulations, and shall develop educational and advisory actions. ARTICLE 21. The Ministry of Labour, Employment and Human Resources Education of the Nation shall exercise the functions of the central authority of labour inspection throughout the national territory.

In the exercise of such functions, this Ministry shall: (a) ensure that the various services comply with the rules governing them and, in particular, with the requirements of conventions 81 and 129 of the International Labour Organization;

(b) coordinate the implementation of all services, making recommendations and developing improvement plans;

(c) perform the other functions assigned to the Central Authority by International Labour Organization conventions 81 and 129 and their complementary recommendations and those that contribute to the best performance of the services.

ARTICLE 22. When a local labour inspection service fails to meet the requirements of conventions 81 and 129 of the International Labour Organization or those derived from this Chapter, the Ministry of Labour, Employment and Human Resources Education of the Nation will propose to the Federal Labour Council the elaboration of a reorganization programme.

CHAPTER II

Common Service Organization Bases

ARTICLE 23. Each inspection service will inform business and trade union organizations about the activities carried out and the results achieved. Workers ' union representatives shall have the right to accompany the inspector during the inspection and to be informed of their results. ARTICLE 24. The services covered by the Integrated Labour and Social Security Inspection System within their respective jurisdictions shall be organized under the authority of the same authority, assume the competencies set out in this Chapter and must have adequate resources for the actual and effective delivery of the service. They will carry an Inspection, Infraction and Sanctions Registry. ARTICLE 25. The inspectors shall act on their own motion or on the basis of denunciation, shall collect in record the outcome of their proceedings and, where appropriate, initiate the procedure for the application of sanctions. They may be limited to warning or intimating the responsible subject, provided that the infringement does not result in harm to the workers or the Social Security System.

In the exercise of their functions and within their jurisdiction, the inspectors are empowered to: (a) enter the places subject to inspection, without the need for prior notification or court order of search;

(b) To require the information and to conduct any evidentiary proceedings deemed necessary, including the identification of persons in the inspected workplace;

(c) To request the documents and data that it deems necessary for the exercise of its functions, to intimate compliance with the standards and to bring those responsible to their compliance;

(d) Closure of workplaces in the legally envisaged cases and order the immediate suspension of tasks that would be imposed on them; involve a serious and imminent risk to the health and safety of workers.

In all cases, the inspectors shall terminate an acquittal of the procedure that they shall sign together with the or the responsible subjects. Those responsible for the enforcement of labour and social security regulations are obliged to collaborate with the inspector, as well as to provide him with the information and documentation necessary for the development of his competences.

The public force shall provide the assistance required by the inspector in the exercise of his duties.

ARTICLE 26. The violation of labour regulations that involve in some way a tax evasion or social security, the act must be formally denounced and for its purposes to the Federal Public Income Administration and/or other tax control agencies. This is without prejudice to the fact that the migration control authorities have been informed of the use of undocumented and/or unregistered aliens for the purposes of the application of the penal sanctions provided for in the current regulations on this matter. ARTICLE 27. The Inspector ' s Legal Regime shall establish:

(a) Entry by competitive examination and opposition;

(b) Guarantees of stability in employment and technical independence in the exercise of their functions;

(c) Incompatibility and disciplinary and retribution regimes;

(d) Professional training programmes.

ARTICLE 28. The Labour Inspectors may not have direct or indirect interest in entities linked to the activity subject to monitoring and shall not disclose, even after leaving the service, commercial, industrial or technological secrets whose knowledge is the result of the exercise of their functions. Nor may they inform the employer of the complaint that motivates their inspection. The various jurisdictions will establish training programmes for inspectors. ARTICLE 29. The inspectors ' retributive regimes will define remuneration based on the special responsibility of the post, full availability, individual performance and the overall objectives and results of the service, eliminating any participation in fines. ARTICLE 30. Invite the provinces and the Autonomous City of Buenos Aires to adhere to the system created in Chapter I, organizing their respective labour inspection services according to the objectives set out in this Law. ARTICLE 31. . The Ministry of Labour, Employment and Training of Human Resources shall allocate all the resources obtained by the application of pecuniary sanctions to the infringement of labour regulations, either by the rule of law 18,694 or by law 25,212, to the strengthening, professionalization and improvement of the service to the inspection of labour, including health and safety of work.

Please include in the above purpose the conclusion and implementation of agreements with the provinces and the Autonomous City of Buenos Aires, in order to achieve the objectives described in the preceding paragraph.

Since 2004, the Executive Power may reduce the amount of the affectation provided for in this article if it is verified that the objectives are prudentially achieved.

Invite the provinces to issue regulations similar to the precedents in their respective jurisdictions.

PART VII

REGISTRARY SIMPLIFICATION

ARTICLE 32. Establish within the Ministry of Labour, Employment and Training of Human Resources, an executing unit of the process of simplification and unification in the field of labour registration and Social Security, in order to ensure that the registration of employers and workers is carried out in one act and through a single procedure. It will also constitute and keep up-to-date the pattern of employers and workers with their included family groups, and information on the development of labour relations. It will also meet the information needs of public and private bodies of the social security system, labour inspection, trade union organizations and control bodies.

The Executive Power shall have a period of one hundred and eighty (180) days to operationalize the system for the purposes of which it shall observe the provisions of articles 18 and 19 of Law 24.013, as appropriate.

PART VIII

FINAL PROVISIONS

ARTICLE 33. In cases in the light of a conflict of work, the parties decide to adopt legitimate direct action measures that involve activities that may be considered essential services, they must ensure that they are provided with minimal services that prevent their interruption.

The Ministry of Labour, Employment and Human Resources Education will be empowered to intimately provide for the establishment of minimum services to be maintained at each establishment or enterprise when the parties have exhausted the authority to comply with the provisions of the preceding paragraph without agreement in that regard.

In the absence of compliance with the previous agreement between the parties or with the determination made by the Ministry of Labour, Employment and Human Resources Education, the Ministry shall proceed to implement the procedures of article 56, paragraphs 2 and 3, of Law 23.551.

Act No. 14.786 shall be applied for the purpose of channelling the conflict and proposing its resolution.

The powers of the Ministry of Labour, Employment and Human Resources Education shall be exercised in accordance with the rules and resolutions of the International Labour Organization.

ARTICLE 34. Article 11, 18 and 20 of Law 14.250 (t. decree 108/88), 12, 14, 15 and 16 of Law 25.013, Article 2 (e) of Annex I to Law 25,212, Acts 16,936, 18,608, 18,692, 20,638, Decrees 2184/90, 470/93 and any other rule opposing this Law. ARTICLE 35. . Contact the executive branch. IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE ONCE DAYS OF THE MESSAGE OF THE YEAR DOS MIL. # 25,250 PASCUAL RAFAEL. . ALVAREZ CHARLES. . Guillermo Aramburu. . Mario L. Pontaquarto. Decree 432/2000

Bs. As., 29/5/2000

TANTO:

Please note by National Act No. 25,250 Complete, report, publish, give to the National Bureau of the Official Register and archvese. . OF THE RUA. Rodolfo H. Terragno. . Héctor J. Lombardo.