Homework Regulations - Full Text Of The Rule

Original Language Title: TRABAJO A DOMICILIO REGLAMENTACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
ON WORK TO DOMICILY

LEY N° 12.713

WHY:

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., sanction with force
LEY:

PART I

Scope of validity of the law

Article 1 — The provisions of this Act govern the entire territory of the Republic.

Art. 2° — This law shall enter into force at one hundred and eighty (180) days of its promulgation. From that date, Act No. 10.505 is repealed.

Art. 3° — Persons, in the nature and modality that the Act determines, are subject to the provisions of this Act, which intervene in the execution of work at home on the account of others, understood by such the one that is done;

(a) In the dwelling of the worker or in a place chosen by him, for a employer, intermediary or workshopist, even if in the realization of the work the members of the worker's family, an apprentice or a foreign assistant participate in it;

(b) In the house or premises of a workshopist, it is understood by such one that he makes to produce, by workers in his office, goods received from a employer or intermediary, or goods acquired by him for the tasks of accessing the principals that he performs on the account of others;

(c) In charitable, educational or correctional facilities, the regulation must establish in these cases the way of establishing savings funds for those who perform the work.

Art. 4° — Entrepreneurs, intermediaries and workshopists who hire homework are jointly responsible:

(a) The payment of wages set by the respective commissions. This responsibility for the employer, when the work has been contracted by an intermediary or workshoper, only reaches the amount of two months of remuneration, or even the value of a particular job, when its execution is longer;

(b) The accidents of the work and the conditions under which it is performed, except when the work is performed or when the accident occurs in the private home of the worker;

(c) The obligations set out in article 32 of this Act.

The intermediaries and workshops are regarded as homeworkers in relation to the workers of the work and as employers subject to their obligations under this law and the regulations that are given to those who carry out the execution of the work.

PART II

Conditions of work at home

Art. 5° —Any individual or collective person who entrusts workers with the execution of work at home, must previously obtain the corresponding authorization of the enforcement authority.

Article 6: Entrepreneurs, intermediaries and workshopists who work at home shall carry an authorised book and signed by the implementing authority, in which at least it shall consist:

(a) Name, surname and domicile of the workers;

(b) Quantity and quality of the work in charge;

(c) Rates and salaries set in relation to the category of work;

(d) Number, mark or sign of work performed, in accordance with article 8;

(e) Reasons or causes of the reduction or suspension of work to the homeworker.

Art. 7° — The workers performing work at home shall have a booklet granted free of charge by the implementing authority, in which at least the records specified in the preceding article shall be noted. This notebook may not be withdrawn by the workers ' workers, under any circumstances, nor may there be any indication of the worker ' s ability, conduct or aptitude.

Art. 8° — Any article that is delivered to be produced at home will carry a label with an individualizing brand, in line with that recorded in the employer book and in the worker's book. This label cannot be separated from the elaborated article until it reaches the power of the consumer.

Art. 9° — The premises where homework is performed must meet the conditions of hygiene and safety determined by the competent authority.

In the case of workshops that are not in conditions of hygiene and safety may be closed by the implementing authority.

When the work is done in the worker's house, it cannot be closed, nor the same one deprived of his work, except for infectious diseases.

Art. 10. — The competent authority shall determine the measures that must be adapted to prevent the contagion that can be transmitted by goods made at home and persons who are obliged to report the existence of infectocontagious diseases in places where the work is performed.

Art. 11. — Salary payments will be made directly in the days and hours previously set by the implementing authority.

Art. 12. — Authorize the Executive Branch to create official payment boxes, when it deems necessary, aimed at making wages effective for homeworkers. These Funds shall, as far as possible, form part of existing funds, banks or official entities, with the respective areas of jurisdiction.

Art. 13. — The enforcement authority will eliminate homework in those industries which by their nature endanger the lives, health or morals of the workers.

Art. 14. — Determine inembargable up to the sum of two hundred pesos national currency ($ 200 m/n.) per month, to the wages that the worker perceives, as well as the useful ones he uses for homework.

PART III

Enforcement Authority and law enforcement agencies

Art. 15. — For the purposes of compliance with this Act, it is the authority to apply to the Federal Capital and National Territories, the National Labour Department and the provinces the authorities to determine their governments within the respective jurisdictions.

The National Labour Department may delegate its functions to the authorities that it creates suitable in the national territories.

Art. 16. — They are auxiliary implementing agencies in the implementation of this law: professional associations, wages commissions and conciliation and arbitration.

Art. 17. — Corresponds to the enforcement authority:

(a) To identify industries where homework is prohibited in accordance with article 13 and industry or industry in which this law is enforced;

(b) Performing the registration of the labourers;

(c) To determine the models of books, booklets, tables and other documents prescribed by the present, the conditions in which they must be carried and maintained, the form and times of their display and the other requirements that the regulation and the enforcement authority impose;

(d) To demand from entrepreneurs and other persons involved in the conduct of work at home the display and delivery of the books and documents specified in this law and the display of the general books and trade papers, for their compulsion, for the purpose of controlling the performance thereof;

(e) Organize the employers ' and workers ' register, in which persons, companies, intermediary associations and others involved in this form of work should be registered;

(f) Control the organization and operation of professional associations only for the purposes of this law, and intervene in the constitution of the commissions of wages, conciliation and arbitration;

(g) Determine the days, hours and way of payment of wages, whether in official boxes or directly, as well as the days and time of delivery and receipt of processed goods;

(h) Instructing summaries, quoting witnesses, decreting expertise and applying the sanctions authorized by the present, in accordance with title IV.

Art. 18. — For the purpose of better compliance with the provisions of this Act, the implementing authority may designate the members of the professional associations proposed by them, in the form and proportion determined by article 21, to act jointly or separately:

(a) Conduct inspections and checks;

(b) Fiscalizing the delivery and receipt of goods;

(c) Control the effectiveness and conditions of payment of wages;

(d) Requiring from the enforcement authority the intervention of the public force, for the retention of effects and evidence of violations of the law.

Art. 19. — Professional associations of employers and workers shall apply for registration with the implementing authority, which shall regulate the constitution and its functioning and shall determine the number of participants, for the purposes established by the present.

Art. 20. — Professional associations may require the enforcement authority, the constitution of the wages, conciliation and arbitration commissions, as well as the proposal of the inspector delegates referred to in article 18.

Art. 21. — Where there is more than one working or employers ' association in a locality, the proposal of the inspector delegates and the appointment of the members of the salary, conciliation and arbitration committees, there is no agreement between them, they shall be made in proportion to that of the workers or employers registered in the respective registers.

Art. 22. — Salary commissions shall be constituted in the manner determined by the preceding article, on the following bases:

(a) At the request of a employers ', workers ' or trade association;

(b) They will be integrated with equal numbers of workers and employers ' representatives, chaired by a person outside the professional organizations who designate the authority of implementation;

(c) Members shall be technicians of the respective industry, if they represent the professional associations, and working workers, if they represent the workers;

(d) To last two years in their functions and alternates shall act only in the event of the absence or impediment of the holders;

(e) The performance of these functions is a public burden free of remuneration, except for the cost and loss of work.

Art. 23. — The wages commissions will meet at the local level to determine and empower the enforcement authority in the days and hours that they set and extraordinarily by special subpoena of the president, either on their own initiative or at the request of one of the representations.

Art. 24. — Meetings will take place with half plus one of the members, adjourning on occasion of each meeting.

Art. 25. — Workers’ and employers’ representations will have a single vote whatever the number of the members present, deciding in case of divergence the president, without being obliged to pronounce himself on any of the proposals in debate. When within a employers' or workers' representation there are differences between its components, the vote of each representation will be computed with the decision of the majority of its delegates present at the meeting.

Art. 26. — These are functions of the wage commissions:

(a) To determine the rates, the minimum wage of the worker, assistant and apprentice, and the commissions of intermediaries and workshop workers, taking into account the nature of the work, cost of life and remuneration in factories for similar work;

(b) Inspect the premises and review the books to verify the conditions in which the work is performed and the manner and timeliness in which the payments are made.

Art. 27. — Rates or wages set may not be repealed or modified by private agreements.

The validity of the same shall be two years, except for extraordinary circumstances which the wage commissions shall appreciate for claims by interested parties. Three months before the expiration of the two-year term, professional associations may request modification.

Art. 28. — The conciliation and arbitration commissions shall be constituted by the enforcement authority in the same manner and conditions prescribed for the wage commissions, understanding in the divergences between employers and workers, their decisions being mandatory once the executive branch has approved them.

Art. 29. — In order to be an inspector and member of the salary and conciliation and arbitration commissions, it is necessary to be an Argentine or foreign citizen with more than five years of residence in the country and to be over 25 years old.

PART IV

Sanctions

I. — Contraventions

Art. 30. — Those who work at home as entrepreneurs, intermediaries or workshopists without having obtained the prior license determined by Article 5, shall be liable to a fine of $100 to 500 national currency for each offence.

Art. 31. — The businessman, intermediary or workshopist who alters the employers' or workers' records, destroys the labels and marks of the crafted goods and denies without justified cause the display of the books and documents that this law determines or violates any of the prescriptions of the same, will be punished with a fine of $100 to $500 national currency for each person and infringement and with a maximum of $5,000 for the specified,

Art. 32. — The businessman, intermediary or workshopist who reduces, suspends or unjustifiedly suppresses the worker's work at home, shall be punished with a fine of $100 to 1,000 national currency per person or infringement, to be taken into account, for the fixing of its amount, the nature and extent of the illegitimate measure applied to the worker, the average remuneration of the latter and its antiquity at work. The fine shall be for the benefit of the person concerned with the reduction, suspension or removal of his or her homework.

Complaints for the reduction, suspension or arbitrary or unjustified deletion of work shall be brought before the conciliation and arbitration commissions, whose resolutions in the Federal Capital and National Territories shall be appealed to the peace judge of the respective jurisdiction, in accordance with the procedures and within the time limits established by Act No. 11.924. In the provinces, the appeal shall be carried out in accordance with the provisions of its local laws or regulations.

Art. 33. — Offences attributable to a worker, referred to in article 31, shall be punished with a fine of $20 to $100 national currency, for all of them checked each time.

Art. 34. — The fines provided for in this Act shall be effective in the Federal Capital and National Territories, except for that provided for in article 32, by the procedure established by Act No. 11.570, with appeals to the respective authority in all cases. In the provinces, their authorities shall establish the corresponding procedural regime.

II. — Offences

Art. 35. — A businessman, intermediary or workshopman who, by violence, intimidation, gift or promise, performs acts that amount to pay less wages than those established in accordance with the procedures established by this law, shall be held from six months to two years.

Art. 36. — The entrepreneur, intermediary or workshopman, who, in order to avoid payment of wages or pay less remuneration of the established, destroys in whole or in part or commits to any of the records or documents established in this law, as members of the system of work pain at home, shall be sentenced to imprisonment from six months to two years.

Art. 37. — Criminal justice shall apply in the trial of these offences, the provisions of the respective code.

III. — General provisions

Art. 38. — The proceeding of contravention fines shall be used for the formation of a fund of its own for the better compliance and application of this law.

Except for this provision the fines referred to in article 32.

Art. 39. — In the civil trial as in the criminal case, the injured party may request compensation for the damage suffered by the person responsible.

IV. - Miscellaneous provisions

Art. 40. — The professional associations, homeworkers, assistants and apprentices of homeworkers and non-profit associations that protect them, are exempt from all rights or are sealed by applications or actions involving the application of this law.

Art. 41. — Expenditure resulting from the enforcement of this law in the Federal Capital and National Territories shall be covered by general incomes until they are included in the general budget of the Nation. Authorize the Executive Branch to modify to that end the provisions of Annex B, paragraph 3, item 3 (National Labour Department), by strengthening it to the sum of one hundred thousand pesos national currency plus.

Art. 42. — The provisions of this law are of public order.

Art. 43. - Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, September 29, 1941.

R. PATRON COSTAS JOSE LUIS CANTILO

Gustavo Figueroa L. Zavalla Carbó

Registered under the Nro. 12.713