National Direction Of The Employment Service Creation - Full Text Of The Norm

Original Language Title: DIRECCION NACIONAL DEL SERVICIO DE EMPLEO CREACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

National Directorate of Employment Service

LEY 13.591

Sanctioned: September 29-1949

Promulgated: October 11-1949

WHY:

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress sanction with the strength of LEY:

ARTICLE 1 - The National Directorate of Employment Service, under the Ministry of Labour and Security, shall be established to provide workers with opportunities for occupation throughout the country, in accordance with the requirements of this Act.

ARTICLE 2 The functions of the National Directorate of Employment Service shall be:

(a) Regular and coordinate the supply and demand of the workforce;

(b) Understanding the stability of employment;

(c) To promote the creation and maintenance of sources of work;

(d) Attend forced unemployment benefits.

ARTICLE 3o - For the purpose of regulating and coordinating labour supply and demand, the National Employment Service Directorate shall:

(a) Organize the free placement service for workers throughout the territory of the Nation, irrespective of their professional status;

(b) To promote, to the extent necessary, and to facilitate the movement of workers;

(c) Develop plans with respect to the immigration of workers and advise public authorities in this regard;

(d) Make known, by the means of advertising that it deems relevant, the offers and demands of work, without charge for the workers;

(e) Organize and maintain permanent censuses of private employers and public enterprises and of workers according to their professional categories;

(f) Fiscalize the activities of non-profit private placement agencies.

ARTICLE 4o - In order to promote the creation and maintenance of labour sources, the National Directorate of the Employment Service shall:

(a) To study and determine labour potential and imbalances of a permanent or eventual, territorial or professional nature;

(b) Control the initiation or resumption of tasks and the halt or decrease, definitive or temporary, of any work activity;

(c) To study and advise the intensification of the activities, the modification of the working hours or the organization of new shifts in order to avoid the cessation and facilitate the reabsorption of the unemployed;

(d) Conduct studies and research on the establishment of new industries and the promotion and expansion of existing industries, taking into account the interests of the National Economy and the needs of employment;

(e) Consider the opportunity to realize and increase public works plans;

(f) To study and propose to the public authorities measures for the establishment of agricultural workers

ARTICLE 5o - The National Directorate of the Employment Service will project a legal and economic regime that will provide workers with the necessary means of subsistence in the event of a cessation or interruption of their professional activity motivated by forced unemployment and the financing thereof.

ARTICLE 6 The National Employment Service Directorate will be responsible for a director assisted by a professional council.

ARTICLE 7o - The National Directorate of the Employment Service shall have the units necessary for its proper functioning and, in particular, the following:

(a) Placements;

(b) Migration;

(c) Prevention of forced unemployment.

The executive branch shall organize and regulate the functioning of the said units.

ARTICLE 8o - The professional council shall consist of three representatives of the employers and three representatives of the workers elected by the Executive Branch on the proposal of the respective most representative professional centres.

The employers' and workers' representatives will remain in office for two years and can be reelected.

ARTICLE 9o - The professional council shall be chaired by the director and shall issue an opinion on any general measures related to the functioning and orientation of the services by the management and propose those which it deems necessary and appropriate for the better performance of the functions that are in its interest.

ARTICLE 10. - Prohibit the operation of private agencies of for-profit placements. Any profit activity related to the placement of workers is included in the prohibition.

ARTICLE 11. - For the installation of private agencies that do not persecute profits, the National Directorate of Employment Service must provide authorization.

ARTICLE 12. - With regard to private advertising bodies, the prohibition of article 10 shall be effected only, throughout the country or in a given area, by means of a decision of the National Employment Service and provided that the following requirements are met:

(a) Existence of an official system to ensure adequate and easy dissemination of supply and demand for work;

(b) That the official system is more convenient than the private for the workers, for which the opinion of the professional associations concerned will be consulted.

ARTICLE 13. - In order to fulfil the role referred to in article 3 (d), the National Directorate of the Employment Service may request, from any journalistic company, the free publication of the requests that it register, supply and demand for work.

Journalistic companies that do not accept to publish the applications referred to above shall cease to enjoy the franchises that, with respect to the materials and goods intended for such companies, are agreed by article 4 of Law 11.281 and article 48 of Law 12.578.

ARTICLE 14. - Employers, whatever their nature, are obliged to notify the National Directorate of the Employment Service of any vacancies produced or to occur, specifying the professional characteristics of the same, with express mention of the cause that originated it. Once the vacancy has been filled without the intervention of the employment service, it shall be communicated as soon as possible.

ARTICLE 15. - The National Directorate of the Employment Service may provide for the recruitment of workers in certain activities only through its units.

ARTICLE 16. - They are covered by the provision of the previous article, companies that carry out temporary or seasonal activities, which, in the term established by the regulation shall communicate to the National Directorate of the Employment Service, the cessation of them, indicating the number of workers affected, the wages they perceive, the nature of the tasks they perform and any other data that the management deems of interest.

This provision also applies in cases of suspension of duties, regardless of their origin.

ARTICLE 17. - Offences to this Law shall be repressed by the application of the penalties set out in Decree 21.877, dated 16 August 1944, ratified by Act No. 12.921.

ARTICLE 18. - Without prejudice to the above penalties, the National Directorate of Employment Service may order the closure of the premises where activities are carried out in violation of the provisions of this Act.

This measure will be maintained until the cessation of repressed activities is ensured.

ARTICLE 19. - Contact the executive branch.

Given in the meeting room of the Argentine Congress, in Buenos Aires, on the twenty-nine days of the month of September, nine hundred and forty-nine.

J. H. QUIJANO - H. J. CAMPORA. Alberto H. Reales - L. Zavalla Carbó

Registered under No. 13.591 -

Buenos Aires, October 11, 1949.

IMPLEMENTATION OF NATION

MINISTERY OF WORK AND PREVISION

DECEMBER 25,536

TANTO:

Please follow the National Law, fill in, report, publish, give to the General Directorate of the National Registry. PERON José M. Freire