WORK
Law 26.941
General Regime of Occupational Infruit Sanctions. Modification.
Sanctioned: May 21, 2014
Promulgated: May 26, 2014 The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
ARTICLE 1 — Replace Article 5 of Chapter 2 of Annex II, “General Law on Labour Offences” with the Federal Labour Covenant, ratified by Law 25,212, which shall read as follows:
Article 5:
Sanctions:
1. The minor offences shall be punished according to the following graduation:
(a) Perception, for the first minor offence, according to the background and circumstances of each case, evaluated by the administrative enforcement authority.
(b) Twenty-five per cent (25%) to one hundred and fifty per cent (150%) of the monthly value of the Minimum, Vital and Mobile Salary in force at the time of the violation.
2. Serious offences shall be punished with a fine of thirty percent (30%) to two hundred percent (200%) of the monthly value of the Minimum, Vital and Mobile Salary in force at the time of the finding of the offence, by each worker affected.
3. Very serious offences shall be punished with a fine of fifty per cent (50%) to two thousand per cent (2,000 per cent) of the monthly value of the Minimum, Vital and Mobile Salary in force at the time of the finding of the offence, by each worker affected.
4. In cases of recidivism in respect of the offences provided for in article 3 (c), (d) and (h), the administrative authority may add to the maximum amounts of the fine an amount not exceeding 10 per cent (10 per cent) of the total remuneration earned in the establishment in the immediate month prior to the finding of the offence.
The penalties provided for in item 3 of this article for the conduct established in article 4 (f) of the present regime shall be applied by each of the workers involved in the payroll of the establishment or establishments.
5. In the cases of recidivism in very serious offences:
(a) The establishment may be closed up to a maximum of 10 days, while the right of workers to collect remuneration is maintained. In the event of essential public services, minimum services should be guaranteed.
(b) The employer shall be disqualified for one (1) year to access public tenders and shall be suspended from the records of suppliers or insurers of the national and provincial States and the Autonomous City of Buenos Aires.
ARTICLE 2° — Replace Article 8 of Chapter 4 “Common Provisions” of Annex II to the Federal Labour Pact, ratified by Law 25.212, which shall read as follows:
Article 8:
Obstruction:
1. The obstruction that in any way prevents, disturbs or withdraws the performance of the administrative authorities of the work will be sanctioned, after intimation, with a fine of one hundred percent (100%) to five thousand percent (5000%) of the monthly value of the Minimum, Vital and Mobile Salary, in force at the time of the finding of the infringement.
In cases of special seriousness and contumency, the administrative authority may add to the maximum amounts of the fine, an amount not exceeding 10 per cent (10 per cent) of the total compensation accrued to the establishment in the month immediately preceding the finding of the offence.
2. Without prejudice to the established criminality, the administrative authority of the work may compel the appearance of those who have been duly summoned to a hearing through the assistance of the public force, which shall be rendered as if it were a judicial requirement.
ARTICLE 3° — Contact the national executive branch.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTH DAYS OF THE MONTH YEAR DOS MIL CATORCE.
— REGISTRATE BAJO #26,941—
JULIAN A. DOMINGUEZ. - LOVE BOUDOU. - Lucas Chedrese. — Juan H. Estrada.
