Key Benefits:
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
PRELIMINARY TITULE OF THE REGIME OF THE LABORAL REGIME
ARTICLE 1 Default of Act No. 25.250 and its regulations.
PART I
INDIVIDUAL LAW OF WORK
Chapter I
From the Test Period
ARTICLE 2 Replace article 92 bis of the Labour Contract Act No. 20,744 (t. 1976) and its amendments, with the following:
"Article 92 bis. . The contract of work for undetermined time, except that referred to in Article 96, shall be deemed to be held on trial during the first three (3) months of validity. Any party may terminate the relationship during that period without the expression of cause, without the right to compensation on the grounds of extinction, but with an obligation to preavise as provided for in articles 231 and 232.
The probationary period shall be governed by the following rules:
1. An employer cannot hire the same worker more than once, using the probationary period. If so, it shall be considered in full law that the employer has renounced the probationary period.
2. 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 hires different workers for the same permanent job shall be considered abusive.
3. The employer must register the worker who begins his employment relationship for the probationary period. If not, without prejudice to the consequences arising from such non-compliance, it shall be understood in full that it has renounced that period.
4. The parties have the rights and obligations of the employment relationship, with the exceptions set out in this article. Such recognition of the worker includes trade union rights.
5. The parties are obliged to pay contributions and contributions to Social Security.
6. The worker has the right, during the trial period, 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 the provisions in article 212 is excluded.
7. The probationary period will be computed as a time of service for all labour and social security effects. "
Chapter II
De la Extinción del Contrato de Trabajo
Preavise
Article 3 Replace article 231 of the Labour Contract Act, No. 20,744 (t. 1976) and its amendments, with the following text:
"Article 231. El The employment contract may not be dissolved by the will of one of the parties, without notice, or failing, compensation in addition to that of the worker for his seniority in employment, when the contract is dissolved by the will of the employer. The notice, when the parties do not set it in a larger term, should be given as follows:
(a) by the worker, of QUINCE (15) days;
(b) by the employer, of QUINCE (15) days when the worker is in probationary period; of UN (1) month when the worker has an antiquity in employment that does not exceed CINCO (5) years and DOS (2) months when he is superior. "
ARTICLE 4 Replace article 233 of the Labour Contract Act, No. 20,744 (t. 1976) and its amendments, with the following text:
"Article 233. Los Article 231 deadlines will run from the day after the notice of the notice.
When the termination of the employment contract by the employer occurs without notice and on a date that does not coincide with the last day of the month, the replacement compensation due to the worker shall be integrated with an amount equal to the wages for the days lacking until the last day of the month in which the dismissal was made.
The integration of the dismissal month shall not proceed when extinction occurs during the trial period set out in article 92 bis. "
Compensation for Despido sin Justa Causa
ARTICLE 5o Replace article 245 of the Labour Contract Act, No. 20,744 (t. 1976) and its amendments, with the following:
"Article 245. . In cases of dismissal provided by the employer without a fair cause, having or not mediated notice, the employee shall pay compensation equivalent to UN (1) month of salary for each year of service or fraction greater of THREE (3) months, based on the best monthly, normal and usual remuneration earned during the last year or during the time of delivery of services if the latter were less.
Such a basis may not exceed the equivalent of THREE (3) times the monthly amount resulting from the average of all the remuneration provided for in the collective labour agreement applicable to the worker, at the time of dismissal, for the legal or conventional day, excluding the age. WORKING MINISTERY, EMPLEO AND SECURITY SOCIAL shall be required to establish and publish the resulting average, together with the salary scales of each Collective Labour Convention.
For workers excluded from the collective labour agreement, the ceiling set out in the preceding paragraph shall be that of the agreement applicable to the establishment where it provides services or to the most favourable agreement, in the event that there is more than one.
For those workers who are paid to commission or with varying remuneration, the agreement to which they belong or that which is applied in the company or establishment where it provides services shall be applied if it is more favorable.
The amount of this compensation in no case may be less than UN (1) month of salary calculated on the basis of the system set out in the first paragraph. "
Chapter III
Promotion of employment
ARTICLE 6 (Article repealed by art. 49 of the Act No. 26,476 B.O. 24/12/2008. Watch: from the day of publication in the Official Gazette)
ARTICLE 7 MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL will promote the inclusion of the concept of decent work in national, provincial and municipal public policies. To this end, it will execute and promote the implementation, articulated with other national, provincial and municipal agencies, of actions aimed at sustaining and fostering employment, re-entering unemployed workers and training and training workers professionally.
PART II
COLLECTIONAL LAW OF WORK
Chapter I
Collective bargaining
ARTICLE 8 Replace article 1 of Act No. 14,250 (t. 1988) and its amendment, with the following:
"Article 1 . The collective labour conventions that take place between a professional association of employers, an employer or a group of employers, and a union association of workers with union membership are governed by the provisions of this law.
Only workers covered by Acts No. 23,929 and No. 24,185 are excluded from this Act, while such rules regulate their own conventional regimes. "
Article 9 el Replace article 2 of Law No. 14,250 (t. 1988) and its amendment, with the following:
"Article 2 ." In the event that there has ceased to exist the or associations of employers that have agreed to the previous collective convention or that the existing one cannot be qualified as sufficiently representative or that there is none, the authority of application, following the guidelines to be set in the regulation, shall attribute the representation of the employer sector to a group of those regarding whom the convention shall operate or have as representatives of all of them to whom or to whom they may be entitled to be a party.
ARTICLE 10. el Replace article 3 of Act No. 14,250 (t. 1988) and its amendment, with the following:
"Article 3 Las Collective conventions shall be held in writing and shall read:
(a) Place and date of its holding.
(b) The name of the persons involved and the accreditation of their persons.
(c) The activities and categories of workers concerned.
(d) The application area.
(e) The period of validity.
(f) The subjects covered by the negotiation. "
ARTICLE 11. el Replace article 4 of Act No. 14,250 (t. 1988) and its amendment, with the following:
"Article 4 Las The rules originated in the collective conventions that are approved by the MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL, in its capacity as implementing authority, shall with respect to all workers of the activity or category within the scope of these conventions to be referred to; in the case of an agreement to be applied to more than one employer, shall reach all those covered in their particular fields. All of this without prejudice to the fact that workers and employers do not have the status of members of the respective signatory associations.
It will be an essential budget to access the approval, that the convention does not contain violative clauses of law and order or affect the general interest.
The collective labour agreements of enterprise or group of enterprises shall observe the conditions set forth in the preceding paragraph and shall be submitted to the implementing authority for registration, publication and deposit, as provided for in article 5 of this Act.
Without prejudice to this, these agreements may be approved at the request of a party."
ARTICLE 12. el Replace article 5 of Law No. 14,250 (t. 1988) and its amendment, with the following:
"Article 5 . Collective conventions shall govern from the date on which the administrative act was given that resolves the approval or registration, according to the case.
The text of the collective conventions will be published by the Ministry of Labour, EMPLEO and SECURITY SOCIAL, within TEN (10) days of registered or approved, as appropriate.
This term, the publication made by any of the parties in the manner established by the regulation, will be the same legal effect as the official publication.
MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL shall keep a record of the collective conventions, to which effect the instrument thereof shall be deposited in the said MINISTERIO."
ARTICLE 13. Replace section 6 of Act No. 14,250 (t. 1988) and its amendment, with the following:
"Article 6 . A collective labour convention, whose term is expired, will maintain the full validity of all its clauses until a new collective convention replaces it, unless otherwise agreed in the collective convention.
The parties will be able to establish different periods of validity of the conventional clauses."
ARTICLE 14. el Replace article 13 of Act No. 14,250 (t. 1988) and its amendment, with the following:
"Article 13. El WORKING MINISTERY, COMPLEX AND SECURITY SOCIAL shall be the authority to implement this law and shall monitor the implementation of collective conventions. "
ARTICLE 15. Article 14 of Act No. 14,250 (t. 1988) and its amendment shall be replaced by the following:
"Article 14. Los The collective labour agreements may provide for the establishment of joint committees, consisting of an equal number of representatives of employers and workers, whose functioning and powers shall be set forth in the respective convention, without prejudice to the provisions of the following article. "
ARTICLE 16. el Replace article 15 of Act No. 14,250 (t. 1988) and its amendment to the following:
"Article 15. Estas These commissions will be empowered to:
(a) Generally interpret the collective convention, at the request of either party or the enforcement authority.
(b) To intervene in disputes or conflicts of an individual or plurindividual nature, for the application of conventional rules when the parties to the collective labour agreement agree.
(c) Intervene when a collective conflict of interest arises when both parties to the collective labour agreement agree.
(d) Classify the new tasks that are created and reclassify those that experience modifications for the effect of technological innovations or new forms of organization of the company. The decisions of the Commission shall be incorporated into the Collective Labour Convention, as an integral part of it. "
ARTICLE 17. Replace article 16 of Act 14,250 (t. 1988) and its amendment with the following:
"Article 16. Cualquier Any party to a collective labour agreement, which does not foresee the functioning of the commissions referred to in article 14, may request the MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL la Constitución de una Comisión Paritaria a los efectos y con las funciones previstos en el párrafo (a) del artículo anterior.
The Commission shall be chaired by an official appointed by the Ministry of Labour, SOCIAL AND WILL BE composed of an equal number of representatives of workers and employers. "
ARTICLE 18. s Incorporate in Law No. 14.250 (t. 1988) and its modification, with the identifications and denominations indicated in each case, the following Chapters: "Chapter III - Ambitos of the Collective Negotiation"; "Chapter IV - Articulation of the Collective Agreements"; "Chapter V - Collective Agreements shall contain Chapter VI and "Chapter of Companies"
Chapter III - Collective Negotiation ambitions.
Article 21. Los The collective agreements will have the following personal and territorial areas according to what the parties agree within their representative capacity:
National, regional or other territorial agreement.
Cross-cutting Convention or framework.
Activity Convention.
Convention of profession, trade or category.
Business or group agreement.
Article 22. . The representation of workers in the negotiation of the collective bargaining agreement shall be carried out by the trade union whose trade union person would understand them and shall also be integrated with staff delegates, in a number that does not exceed the representation established in article 45 of Act No. 23.551 to a maximum of CUATRO (4), regardless of the number of workers covered by the collective labour agreement in question.
Chapter IV - Articulation of Collective Agreements.
Article 23. Los The collective agreements of greater scope may establish forms of articulation between negotiating units of different fields, adjusting the parties to their respective powers of representation.
Such conventions may determine their own matters and make explicit reference to the subjects to be negotiated in the minor conventions.
The minor conventions, if there is a convention of greater scope than they understand it, may consider:
(a) Subjects delegated by the major convention.
(b) Subjects not treated by the major subject.
(c) Subjects of the organization of the company.
(d) Conditions more favourable to the worker.
Article 24. el The following order of priority of rules is established:
(a) A subsequent collective agreement may modify an earlier collective agreement of equal scope.
(b) A subsequent agreement of different scope, greater or less, modifies the previous agreement as it establishes more favourable conditions for the worker. To this end, the comparison of both conventions must be made by institutions."
Chapter V- Crisis Business Conventions
Article 25. . The exclusion of a company in crisis from the collective agreement applicable to it may only be done by agreement between the employer and the signatory parties to the collective agreement, within the framework of the preventive crisis procedure provided for in Title III, Chapter VI of Law No. 24.013.
The crisis agreement must be implemented for a specified period of time. "
Chapter VI- Promoting Collective Negotiation.
Article 26. s With regard to the collective labour agreements that are in force for ultracivity, the MINISTERY OF WORK, EMPLEO and SECURITY SOCIAL shall establish a voluntary mediation, conciliation and arbitration mechanism to overcome the lack of agreement between the parties for the renewal of such conventions. "
Chapter II
Collective Negotiation Procedure
ARTICLE 19. Replace article 3 of Act No. 23.546 and its amendment by:
"Article 3. . Those who receive the communication from the previous article shall be obliged to respond to it and to designate its representatives in the commission that is integrated into it. "
ARTICLE 20. Replace article 4 of Act No. 23.546 and its amendment by:
"Article 4o. . Within the period of QUINCE (15) days from the receipt of the notification of Article 2 of this Law, the negotiating committee shall be constituted with union representatives, which shall be integrated in accordance with the provisions of Law No. 25,674, and the representation of employers. The parties may engage in negotiations with technical advisers with a voice but without a vote.
(a) The parties are obliged to negotiate in good faith. This implies:
I. To attend meetings agreed upon or set by the implementing authority.
II. Designate negotiators with sufficient mandate.
III. To exchange the necessary information for the purposes of the consideration of the issues under discussion, to initiate a sound discussion and to obtain an agreement. Such an exchange must necessarily include information on the distribution of the benefits of productivity, the current employment situation and forecasts on its future developments.
IV. Make efforts to achieve agreements.
(b) In collective bargaining at the company level, the exchange of information will also reach information on the following topics:
I. The economic situation of the company, the sector and the environment in which it is developed.
II. Unit labor costs.
III. Causes and ausentism indicators.
IV. Technological and organizational innovations planned.
V. Organization, duration and distribution of work time.
VI. Labour sinisterness and prevention measures.
VII. Plans and actions on vocational training.
(c) The obligation to negotiate in good faith in preventive crisis procedures and in respect of competing companies imposes on the employer the duty to inform workers through trade union representation on the causes and circumstances that prompted the initiation of the crisis procedure or the presentation in competition.
In the case of the crisis procedure, the company shall report on the following matters:
I. Maintenance of employment.
II. Functional mobility, time or wage.
III. Technological innovation and organizational change.
IV. Requalification and vocational training of workers.
V. Internal or external relocation of workers and employment reintegration programmes.
VI. Agreed contributions to the Integrated Pension and Pension System.
VII. Programmes to support the generation of micro-enterprises for affected workers.
In the case of competing companies, particular information should be provided on the following subjects:
I. Causes of the crisis and its impact on employment.
II. Financial economic situation of the company and the environment in which it is developed.
III. Proposed agreement with creditors.
IV. Rehabilitation of productive activity.
V. Situation of labour credits.
(d) Those who receive classified information by the company, as a result of its compliance with the information duties, are obliged to keep secret about it.
(e) Where either party refuses to negotiate collectively in violation of the principle of good faith, in the terms of subparagraph (a), the party affected by non-compliance may promote a judicial action before the competent labour court, by means of the sumart process set out in article 498 of the Civil and Commercial Procedure Code of the Nation, or equivalent of the provincial Civil Procedure Codes.
The court shall have the immediate cessation of the violation of the duty to negotiate in good faith and may, in addition, punish the unencumbered party with a fine of up to a maximum equivalent to the VEINTE BY CIENTO (20%) of the total wage mass of the month in which the event occurs, for the workers within the personal sphere of the negotiation. If the offending party maintains its attitude, the amount of the penalty will be increased by TEN per SCIENTY (10%) for each CINCO (5) days of delay in complying with the judicial decision. In the event of recidivism, the maximum amount provided for in the present subparagraph may be raised to the equivalent of the CIEN by 100 per cent.
Without prejudice, the judge, at the request of a party, may also apply the provisions of article 666 bis of the Civil Code.
When the acts that gave rise to the proceedings have ceased, within the time limit that the judicial decision has been established, the amount of the penalty may be reduced by the judge to CINCUENTA BY CIENTO (50%).
All such amounts will have as their sole destination inspection programmes of the MINISTERY OF WORK, EMPLEO and SOCIAL SECURITY. "
ARTICLE 21. Replace article 5 of Act No. 23.546 and its amendment, with the following:
"Article 5o. . From what happened during the negotiations a summary record will be broken. The agreements shall be adopted with the consent of the sectors represented.
When there is no unanimity in the representation of one of the parties, the position of the majority of its members shall prevail."
ARTICLE 22. Replace Article 6 of Law No. 23.546 and its amendment by:
"Article 6o. Las The collective labour conventions are approved by the Ministry of Labour, EMPLEO and SECURITY SOCIAL, in its capacity as implementing authority.
Approval shall take place within a period not exceeding TREINTA (30) days of receipt of the application, provided that the convention meets all the requirements established for that purpose. After such time period, it shall be considered tacitly homologated. "
ARTICLE 23. Replace article 7 of Act No. 23.546 and its amendment by:
"Article 7 . In the differences that occur in the course of the negotiations, Law No. 14.786 shall apply. Without prejudice to this, the parties may, in common agreement, submit to the intervention of a mediation, conciliation and arbitration service that will operate within the scope of the MINISTERY OF WORK, COMPLEX AND SOCIAL SECURITY.
The regulation shall determine its functions as well as its organization and rules of procedure, preserving its autonomy. "
Chapter III
Collective Labour Conflicts
ARTICLE 24. Where a conflict of work by any party decides to adopt legitimate direct action measures involving activities that may be considered essential services, it shall ensure the provision of minimum services to avoid interruption.
Health and hospital services, production and distribution of drinking water, electricity and gas and air traffic control are considered essential.
An activity not covered by the preceding paragraph may be exceptionally qualified as an essential service by an independent commission integrated in accordance with the regulations, following the opening of the conciliation procedure provided for in the legislation, in the following cases:
(a) Where the duration and territorial extension of the interruption of the activity, the execution of the measure may endanger the life, security or health of all or part of the population.
(b) When it comes to a public service of transcendental importance, according to the criteria of the control agencies of the International Labour Organization.
The NATIONAL EXECUTIVE PODER with the intervention of the MINISTERY OF WORK, COMPLEX AND SECURITY Social and, after consultation with employers ' and workers ' organizations, shall issue the regulation of this article within the time limit of NOVATE (90) days, in accordance with the principles of the International Labour Organization. "
Chapter IV
Social balance
ARTICLE 25. Businesses occupying more than TRESCIENTOS (300) workers must produce, on an annual basis, a social balance that collects systematized information concerning working conditions and employment, labour costs and social benefits from the company. This document will be rotated by the company to the union with union membership, signatory of the collective labour convention that is applicable to it, within the TREINTA (30) days of elaboration. A copy of the balance will be deposited in the MINISTERY OF WORK AND SOCIAL SECURITY, which will be considered strictly confidential.
Companies that employ workers distributed in several establishments should develop a unique social balance, whether the applicable collective convention was an activity or a single collective bargaining agreement. In the event that the same company is a subscriber to more than one collective labour agreement, it must draw up a social balance in each case, regardless of the number of workers covered.
ARTICLE 26. The social balance shall include the information indicated below, which may be expanded by regulation, taking into account, inter alia, the activities concerned:
(a) Annual general balance, profit and loss account, supplementary notes, annex tables and exercise memory.
(b) State and economic and financial developments of the company and the market in which it operates.
(c) Incidence of labour costs.
(d) Evolution of the average wage mass. Its distribution according to levels and categories.
(e) Evolution of staffing and distribution of working time.
(f) Staffing by age and sex.
(g) Training.
(h) Effective personnel.
(i) Internship and rental practices.
(j) Statistics on occupational accidents and inculpable diseases.
(k) Third and subcontracting.
(l) Technological and organizational innovation programs that impact on the staff template or may involve changing working conditions.
ARTICLE 27. The first social balance of each company or establishment shall correspond to the year following which the minimum number of legally required workers is recorded.
PART III
ADMINISTRATION OF WORK
Chapter I
Labour Inspectorate
ARTICLE 28. Consider the Comprehensive System of Labour Inspection and Social Security (SIDITYSS), aimed at monitoring and monitoring compliance with labour and social security standards throughout the national territory, in order to guarantee the rights of workers provided for in article 14 bis of the National Constitution, and in the International Conventions ratified by the Argentine Republic, to eliminate unregistered employment and other distortions that violate labour and social security regulations.
The system will be integrated by the administrative authority of work and national social security, the provincial authorities 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 homogenous functioning throughout the national territory.
To this end, agreements will be held and actions will be carried out with the provinces and the Autonomous City of Buenos Aires, in order to achieve the purposes and objectives described in the preceding paragraphs.
The agreements concluded by the national State with the Provinces and the Autonomous City of Buenos Aires, prior to the sanction of this law, will remain valid until they are not amended.
Invite the provinces and the Autonomous City of Buenos Aires to dictate rules similar to those of this chapter in their respective jurisdictions.
ARTICLE 29. The Ministry of Labour, Employment and Social Security will be the Authority for the Implementation of the Comprehensive System of Labour Inspection and Social Security and, throughout the national territory, will exercise the functions of labour control and labour regulations, articulating with the administrations of provincial work and the Autonomous City of Buenos Aires. Likewise, in this character, it corresponds to him:
(a) Ensure that the various services of the system comply with the rules governing them and, in particular, with the requirements of International Labour Organization (ILO) Conventions 81 and 129;
(b) Coordinate the performance of all services, making recommendations and developing improvement plans;
(c) To exercise the other functions assigned to the central authority by International Labour Organization (ILO) Conventions 81 and 129, their complementary recommendations and those that contribute to the best performance of services;
(d) To detect unregistered working nuclei, through complementary inspecting actions, articulating with the local service;
(e) To seek and promote, especially with a view to detecting unregistered work, coordinated participation and collaboration of representative workers and employers;
(f) Apply the penalties set out in Annex II to the Federal Labour Covenant, ratified by Act No. 25.212, or those to be replaced in the future, when it verifies breaches or breaches.
(Article 36 of the Act No. 26,940 B.O. 2/6/2014)
ARTICLE 30. When a local labour inspectorate service fails to comply with the requirements of International Labour Organization (ILO) Conventions 81 and 129 or with which they derive from this chapter, the Ministry of Labour, Employment and Social Security will co-operate with the Federal Labour Council in competition with provincial jurisdictions and, where appropriate, with the Autonomous City of Buenos Aires, the corresponding powers.
(Article 37 of the Act No. 26,940 B.O. 2/6/2014)
ARTICLE 31. Inspection services under the Comprehensive Labour and Social Security Inspection System (SIDITYSS) should have adequate resources for the actual and effective delivery of the service and carry a Inspection, Infruit and Sanctions Registry. Business and trade union organizations should be informed about the activities and results achieved. Workers ' union representatives shall have the right to accompany the inspector during the inspection and to be informed of their results.
ARTICLE 32. 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.
In the exercise of their functions and within their jurisdiction, the inspectors are empowered to:
(a) Enter places subject to inspection, without prior notification or court order of search.
(b) Require the information and conduct the necessary evidentiary proceedings, including the identification of persons in the inspected workplace.
(c) Request the documents and data that they deem necessary for the exercise of their functions, intimate compliance with the rules and make those responsible appear.
(d) Closure of workplaces in the legally envisaged assumptions and order the immediate suspension of tasks that aplicacióna judgment of the enforcement authority. involve a serious and imminent risk to the health and safety of workers.
In all cases, the inspectors shall perform a circumstantial record of the procedure that they shall sign together with 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 33. The violation of labour regulations involving, in some way, tax evasion or social security must be formally denounced to the Federal Public Income Administration and/or other tax control agencies. This does not prejudice, where appropriate, the fact that the migration control authorities are notified for the purposes of the application of Act No. 25.871.
ARTICLE 34. MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL shall allocate all the resources obtained by the application of pecuniary sanctions to the infringement of labour regulations, whether by virtue of Act No. 25,212 or article 37 of the present, to the strengthening of the service of labour inspection.
ARTICLE 35. Without prejudice to its own powers in the area of labour inspection of the provincial governments, the Autonomous City of Buenos Aires and the Ministry of Labour, Employment and Social Security, the Ministry will carry out actions aimed at the eradication of child labour throughout the country. The proceedings carried out by the Ministry in which violations of the prohibition of child labour are verified shall be carried out within the respective local administrations.
(Article replaced by art. 38 of the Act No. 26,940 B.O. 2/6/2014)
ARTICLE 36. MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL shall, without prejudice to the concurrent powers of the Federal Public Income Administration, verify and monitor throughout the national territory, the performance by employers of the obligation to declare and enter the contributions and contributions on payroll, which are part of the Unique Social Security System, by the National Social Security Administration, in accordance with the regulations in force in the field.
ARTICLE 37. When the MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL, in the exercise of the powers conferred in the preceding article, verifies breaches of employers to the obligations of social security, shall apply the corresponding penalties, using the criminalization, procedure and sanctioning regime which, to that end, applies the Federal Public Income Administration. It will then refer the proceedings to the Federal Public Income Administration for the determination, notification, perception and, where appropriate, execution of the debt within its competence.
ARTICLE 38. MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL AND THE Federal Public Income Administration shall issue complementary rules and adopt the models of actuarial instruments necessary for their implementation, within the time limit of SESENTA (60) days of the entry into force of this law.
Chapter II
Record Simplification
ARTICLE 39. MINISTERY OF WORK, COMPLEX AND SECURITY SOCIAL shall establish the agency responsible and the procedures for the 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 a single act and through a single procedure.
The NATIONAL EXECUTIVE PODER shall issue the rules for the regulation and implementation of the provisions of this article.
Chapter III
Labour Cooperatives
ARTICLE 40. Labour inspection services are empowered to co-traffick labour cooperatives for the purpose of verifying compliance with labour and social security standards in relation to workers dependent on their service, as well as the partners involved in labour law fraud.
The latter will be considered workers dependent on the company for which they provide services, for the purpose of implementing labour legislation and social security.
If, during such inspections, it is ascertained that a denaturalization of the cooperative figure has been carried out in order to avoid, in whole or in part, the application of the labour law shall, without prejudice to the exercise of its power to establish violations of labour standards and to proceed to its trial and punishment, this circumstance to the specific public control authority for the purposes of article 101 and in accordance with Law No. 20.337.
Working cooperatives will not be able to act as companies providing eventual, seasonal, or otherwise provide services of the placement agencies.
PART IV
FINAL PROVISIONS
ARTICLE 41. Act No. 17.183, articles 17 and 19 of Act No. 14,250 t.o. 1988; article 92 of Act No. 24,467, articles 4o, 5o, 6o, 7o, 8o, 10, 11 and 13 of Act No. 25,013 and Decree No. 105/00.
ARTICLE 42. The repeal of Acts No. 16,936, No. 18,608, No. 18,692 and No. 20,638; Articles 11, 18 and 20 of Act No. 14,250, 1988; articles 12, 14, 15 and 16 of Act No. 25,013, article 2 (e) of Act No. 25,212 and Decrees No. 2184/90 and No. 470/93.
ARTICLE 43. The provisions of article 2 of this Act shall apply to all labour relations initiated upon entry into force.
ARTICLE 44. Until the NATIONAL EXECUTIVE POWER dictates the regulation provided for in article 24 of this Act, Decree No. 843/00 shall continue to apply temporarily.
ARTICLE 45. All periods provided for in this Act, except those established in Title I, shall be computed in administrative working days.
ARTICLE 46. Contact the National Executive.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD YEARS TO THE TWO DAYS OF THE MARCH OF THE YEAR.
# 25,877ADO
EDUARDO O. CHANGE. A. GUINLE. . Eduardo D. Rollano. . Juan Estrada.
- Article 6, Note Infoleg: by art. 1 Decree No. 1066/2008 B.O. 10/7/2008 extended from the date scheduled for Decree No. 25/2007 until 31 December 2008, the validity of the benefit established by this article. Previous: Decree No. 25/2007 B.O. 24/1/2007, Decree No. 31/2006 B.O. 11/1/2006, Decree No. 2013/2004 B.O. 7/1/2005.
- Article 6, Note Infoleg: by art. 1 Decree No. 817/2004 B.O. 28/6/2004 is considered to be included for the benefit established by this article by the companies defined in Article 5 of the Labour Contract Regime adopted by Law No. 20,744 (t. 1976) and its amendments, which employ up to eighty workers and whose annual net billing does not exceed a certain amount. See more details in the reference rule.