Their Employment Status And Rental Workers - Full Text Of The Norm

Original Language Title: SU ESTATUTO EMPLEADOS Y OBREROS DE CASAS DE RENTA - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
LEY N° 12.981

Social benefits are set for House of Renters
.

Buenos Aires, May 5, 1947.

WHY:


SENADO AND CAMARA DEDIPUTADOS DE LA Nacion ARGENTINA REUNIDOS IN CONGRESO, ETC., SANCIONAN WITH FORCE
LEY:

Scope of the Act

Article 1 - Employees and workers occupied by any person or company, in buildings intended to produce rent, whatever the legal character of the employer, are covered by the provisions of this law.

Definition

Art. 2o - Any person who works in a property, performing in a habitual and exclusive way on behalf of the owner or usufructuario, the tasks of care, surveillance and other accessory services of the same, whatever the form of its retribution, will be considered for the purposes of this law in charge of rent house.

Income assistants, lifters and pawns who provide services permanently are assimilated to those responsible for the purpose of this law.

Benefits

Art. 3 - The staff of this Act shall enjoy the following benefits:

(a) Daily ten-hour consequential rest at a minimum, to be agreed upon at the time prescribed by the respective regulations, taking into account the station, location area of the property and other forms of service, which may only be interrupted for serious or urgent reasons, and the rest for those serving during the day should be night. In addition, they will enjoy a two-hour break during the day, for their lunch;

(b) Weekly rest of the 24 hours run without Mengua in the retributions, including the hours of daily rest referred to in the preceding paragraph. During the weekly rest day, in the hours that the farm usually remains open, as in the period of vacation referred to in subparagraph (c) of this article, the functions of the manager and assimilated staff shall be performed by an alternate whose retribution shall be performed by the employer. The performance of the supplement by the wife or children of the holder, or by another person covered by the benefits of this law, which performs permanent functions even when it is in another property and with another employer, is prohibited;

(c) An ongoing period of annual rest, while maintaining the remuneration received during the service of:

Ten working days when the age of service of the employer does not exceed five years;

Twenty working days when antiquity is over five years old;

(d) Compensation for accidents under Act No. 9.488. If female staff will also have the benefits and obligations of Act No. 11.933.

It is reserved for the employer to point out the time when the holidays will be agreed, and the employee or worker must be notified in advance of 30 days.

Obligations

Article 4 - It will be the duty of employees and workers to respect the employer, to obey their orders, to take care of the things entrusted to their custody, to perform their tasks with diligence and honesty, to notify them of any impediment to perform them, being responsible for any damage caused by dolo or grave fault.

In the event of illness, it should allow for medical verification by the employer. You will give notice to the same with 30 days in advance when you decide to terminate the contract.

Causes of cessation

Art. 5o - The only causes of staff cessation are:

(a) Judicial conviction for offences of public action and for offences of private action against the employer or its tenants, except for those committed on the basis of union activity. Where there is a pretrial detention for an offence committed in the property, the employer shall have the right to suspend the employee or worker. If he relapses absolution or dismissal he will be repaid in office. In the latter case, if the process has been promoted by an employer ' s complaint or complaint, the worker ' s employee shall be entitled to the remuneration he ceased to receive;

(b) Abandonment of service; repeated and unjustified insistences or disobediences of your duties and the orders you receive in the performance of your duties;

For the purposes of the repetition, only the events in the past six months will be taken into account;

(c) Chronic contagious disease that constitutes a danger to the tenants of the house, upon payment of the corresponding compensation in accordance with article 10;

(d) Damage to the principal ' s interests due to injury or serious fault of the employee or repeated failure to comply with the other obligations set out in article 4 of this Act. The resignation from the work of the employee or worker who is not personally formulated by the employee before the application authority shall be null and void.

Stability

Article 6 - The employees and workers of rent houses have the right to stability in employment, provided that they have an age greater than sixty days in the same.

In the event of the owner ' s death, or sale of the building, the owner ' s obligations shall be held by the heirs, or by the buyer.

If the employer demolishes the property or is expropriated, the same as if it does not dispens from the services of the employee or worker, without the causes specified in Article 5, it shall pay for compensation, as follows:

Three months ' pay in advance, under the conditions set out in Act No. 11.729, which shall be communicated by telegram;

A month's salary for each year or fraction of employment.

Remuneration

Article 7 - The staff salary shall be fixed by the National Institute of Remuneration established by Law 12.921. As long as the retributions by the institute concerned were not established, set the following minimum wage:

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The alternates will receive, in all cases, a daily wager of $10 m/n.

It is understood by central services to the heating production facilities, hot water, cooling, waste incinerators, etc., be their operation or control directly served by automatic personnel.

If the employees and workers qualified as assistants do not enjoy the use of the room, they will have the right to receive an additional $40 m/n.

Remuneration of employees or workers may not be reduced in any way if they were superior to the date of sanction of this law.

In buildings whose rent is less than $1,000 m/n per month, the employer may choose a caretaker, whose remuneration will be at least $ 60 m/n per month, in no case can any modification be made against the employee or worker the working relationship or the conditions in which this law is sanctioned.

The salary of staff within the Republic shall be fixed by the parity commissions referred to in article 19 of the Act, unless the remuneration is established by the Institute of Remunerations.

Art. 8o - The person in charge of rent or assimilated staff shall be entitled to an increase in his or her salary every five years, the minimum of which shall be $10 m/n per month.

Accidents or illness

Article 9 - In the event of an accident or inculpable illness that prevents the employee or worker from fulfilling his or her obligations, he or she shall have the right to be paid full retribution up to three months after the interruption of his or her duties, if he or she has an antiquity in the service less than five years and up to six months, if the antiquity is greater, during which he or she may continue to occupy the rooms assigned to him, unless they suffer from other diseases.

As long as the impossibility of the employee or worker has lasted, his duties will be carried out by an alternate paid by the employer, who will make this condition known to the authority of application. Complying with this requirement, the seniority of the alternates will not be computable for the purposes of any compensation while the holder is within the terms of earning their wages for illness and employment conservation. If the holder does not resume his or her duties within one year, after the expiration of three to six months, as long as his or her age, terms during which the employer has an obligation to retain his or her employment, the alternate shall be confirmed as effective, with the rights and obligations thereof, computing his or her age from his or her income.

Compensation for accidents or illness set out in the first section of this article shall not apply to the cases provided for in the Employment Accidents and Occupational Diseases Act, when the latter relates to the employee greater compensation.

Compensation

Art. 10 - The compensation corresponding to the staff shall not be subject to moratorium or embargoes, or to discounts of any kind. These compensations shall enjoy the privilege set out in article 129 of the bankruptcy Act.

Death

Art. 11 - In the event of the death of the employee, the spouse, the descendants and ascendants in the order and proportion established by the Civil Code shall have the right to compensation for seniority in the service, analogous to that provided for in article 157, paragraph 8, of the Commercial Code, limiting the offspring to persons under the age of 22, and without term of age when they are disabled for work. In the absence of these relatives, the brothers will be beneficiaries of compensation, if the employee died they lived under their protection and within the limits set for the descendants.

Art. 12 - The amount of compensation shall be deducted from the amount of compensation which the beneficiary receives from cash or insurance companies for acts or foresight contracts made by the principal.

Obligations of the employer

Art. 13 - The staff who work exclusively for an employer, whether as a manager, assistant or caregiver, shall have the right to enjoy the use of a hygienic and adequate room and to receive the necessary work tools for the performance of the tasks in his or her office.

Workbook

Art. 14 - All persons covered by Article 2 of this Law shall be notified of a workbook with the characteristics to be determined by the respective regulations, which shall be issued free of charge by the National Register of Placements of the Ministry of Labour and Security.

Art. 15 - In order to obtain such a notebook, the person concerned shall submit the following documents to the office responsible for its issuance:

(a) Certificate of good health;

(b) Certificate of good conduct issued by the respective police authority;

(c) Personal identity documents. The documents provided for incs. (a) and (b) shall be renewed every two years by the person concerned. This renewal shall not be required when the worker follows the orders of the same employer.

Art. 16 - The National Register of Placements may not make any placement of this kind of workers without the prior presentation of the workbook by the interested party, as provided for in the previous article.

It is the duty of the principal to require his employee to submit the workbook within a minimum period of three months from the date of sanction of this law,

In each case, the number of the booklet, name and domicile of the worker, name and domicile of the employer, as well as the other agreed conditions for the provision of services, shall be communicated to the National Register of Placements.

Art. 17 - The National Register of Places, under appropriate classification, shall reserve the information mentioned in the previous article, for statistical purposes and as evidence in case of judicial or extrajudicial claims.

Art. 18 - In addition to the annotations referred to in the previous articles, the employer shall write down the following records in the workbook:

(a) Income date of the worker and stipulated remuneration;

(b) Monthly confirmation of the payment of the agreed salary;

(c) The time on which the annual rest referred to in article 3 (c) was agreed;

(d) If the worker so requests, record his time at his service.

The employer is strictly prohibited from making personal recommendations on employee behaviour.

Unity Commission

Art. 19. - Institute a parity commission composed of two workers' delegates and two employers' delegates who will act by the numerically most representative organizations. This commission shall be chaired by a staff member of the Secretariat for Labour and Security and shall have merely conciliatory functions in conflicts between the parties.

Public order

Art. 20 - The provisions of this law are of public order and shall be null and void any convention of parties that alter, modify or nullify the rights and obligations set forth therein.

Sanctions

Art. 21 - Offences to article 3 of this law shall be punishable by a fine of $ 50 m/n per employee or worker, and shall be applied in case of recidivism, without this fine affecting the right of staff to deduce the relevant judicial actions.

When the employee or worker does not report within the fifteen working days of the expiration of the annual term by the application authority, which has not been granted the leave, he will suffer the same penalty as the employer. If the same does not comply with the notice set out in article 4 or, it shall be punished with a fine equivalent to one month ' s salary, with a relapse.

Art. 22 - Transgressions to Article 6 of this Law shall be punished with a fine of $ 500 m/n. a $5,000 m/n., without prejudice to paying the compensation provided for in this law.

Article 23 - The proceeding of fines, which are applied for breach of this law, shall enter a special fund for the construction and maintenance of a polyclinic for the care of staff and members of their families.

Exclusion

Art. 24 - Caregivers of rent houses who are tenants of the same are excluded from the regime of this law and provided that the total amount of the location is not more than $1,000 m/n. a month.

Book of orders

Art. 25 - A book sealed by the implementing authority shall be kept in any income house, in which the orders given by the employer shall be established for the best performance of the tasks of the staff.

Derogation

Art. 26 - Default all provisions that are contrary to the present.

Promulgation

Art. 27 - The executive branch within sixty days of the enactment of this law shall constitute the parity commission and shall regulate it.

Art. 28 - Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on 18 April, nine hundred and forty-seven.

J.H. QUIJANO
RICARDO C. GUARDO
Alberto H. Reales
L. Zavalla Carbó