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Collective Labour Agreements - Full Text Of The Norm

Original Language Title: CONVENIOS COLECTIVO DE TRABAJO TRABAJO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Sanctioned: 29-9-53

Promulgated: 13-10-53

The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, are strongly sanctioned by LEY: I. - Collective Conventions ARTICLE 1 The collective labour conventions between a professional association of employers, an employer or a group of employers, and a professional association of workers with a trade union shall be governed by the provisions of this Act. ARTICLE 2 Collective conventions shall be held in writing and shall include:

(a) Place and date of its holding;

(b) The name of the persons involved and the accreditation of their person;

(c) The activities and categories of workers concerned;

(d) The area of implementation;

(e) The period of validity.

Article 3 The collective conventions shall be approved by the Ministry of Labour and Security. This requirement will not only be mandatory for those who subscribe to them, but also for all workers and employers of the activity, under the conditions referred to in Articles 8 and 9o.

The conventions to be held before the Ministry of Labour and Security shall be considered, for that only approved fact.

ARTICLE 4 The approved collective conventions shall govern from the day after the date of their publication.

The text of the collective conventions shall be published by the Ministry of Labour and Providence within ten days of subscribers or approveds, 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.

The Ministry of Labour and Security shall register the collective conventions, for which the instrument of the conventions shall be deposited in the aforementioned department of State.

ARTICLE 5o After the end of a collective convention, the working conditions established under it will remain, until a new convention enters into force. ARTICLES 6th The provisions of collective conventions shall be in conformity with the legal rules governing labour law institutions, unless the provisions of the convention relating to each of these institutions are more favourable to workers and provided that they do not affect provisions in the protection of the general interest.

The clauses of the collective convention aimed at promoting the action of workers ' associations in the defence of professional interests that modify the provisions of the right of work provided that they do not affect rules dictated in the protection of the general interest.

ARTICLES 7th The rules of collective agreements approved shall be binding and shall not be modified by individual labour contracts, to the detriment of workers.

The application of collective conventions may not affect the conditions most favourable to workers, as stipulated in their individual labour contracts.

ARTICLES 8th The approved collective convention shall be binding on all workers, whether affiliated or not, who perform in the activities covered by it, within the area of application.

The collective convention may contain clauses that agree on special benefits based on the membership of the professional association of workers that subscribed to it.

The clauses of the convention establishing contributions for the association of participating workers shall be valid not only for participants, but also for those not affiliated within the scope of the convention.

ARTICLES 9th The collective convention held by a professional association of representative employers of the activity shall be binding on all employers of the same area covered by the convention, whether or not they are members.

In the event that there is no professional association of employers, in the activity subject to a convention, the Ministry of Labour and Security may integrate the employer representation with employers of the respective branch, or consider the group of employers involved in the negotiation sufficiently representative.

Until the legal regime of employers ' associations is sanctioned, the same procedure will be followed when, when there is association, the latter does not consider that ministry, the sufficiently representative character. In such cases, the convention to be held shall have the same effect as that provided for in the first subparagraph of this article.

ARTICLES 10 The Ministry of Labour and Security at the request of any party may extend the bindingness of a collective convention to areas not covered by it in the form and conditions established by the regulation. ARTICLES 11 The collective conventions held at the national level or the resolutions of the Ministry of Labour and Security extending conventions to other areas should include rules that determine the status of the provisions of the pre-existing local conventions. ARTICLES 12 The conclusion of a convention or within sixty days prior to its expiry, the Ministry of Labour and Security shall, at the request of any of the parties concerned, have the initiation of negotiations for the conclusion of a new convention. ARTICLES 13 The Ministry of Labour and Security shall be the authority for the implementation of this Act and shall monitor the implementation of collective conventions.

Violation of the clauses of the collective conventions governing interests, which are protected by the statutory labour laws and whose violation is considered in these punishable offences, shall bring the penalties referred to in decree 21.877/44 (law 12.921). This does not imply energizing the right to exercise the relevant actions by the parties concerned in order to obtain their compliance.

II - parity commissions 14 Any party to a collective convention may request the Ministry of Labour and Providence to establish a parity commission, in which case its constitution shall be binding, in the form and with the competence resulting from the provisions of this title. ARTICLES 15 ∙ These commissions shall be constituted with an equal number of representatives of employers and workers, shall be chaired by an official appointed by the Ministry of Labour and Security and shall have the following powers:

(a) To interpret the collective convention with general scope, at the request of either party to the convention or the authority of application;

(b) To proceed, where necessary, to the qualification of the staff and to determine the status of the establishment in accordance with the provisions of the collective convention.

ARTICLES 16 The parity commissions may intervene in the individual disputes arising from the application of a convention, in which case such an intervention shall be conciliatory and shall be made exclusively at the request of any party to the convention.

This intervention does not preclude or suspend the right of the interested parties to directly initiate the corresponding judicial action.

The conciliatory agreements entered into by the parties concerned before the parity commission shall have the authority of a judge.

ARTICLES 17 The decisions of the parity commission made pursuant to article 15 (a), which have not been adopted unanimously, may be appealed by persons or associations that have an interest in the decision, to the Ministry of Labour and Security, within the time limit set by the regulation. If adopted unanimously, only the remedy, based on incompetence or excess power, will be admitted.

Where, by its nature, the decisions of the commission are intended to produce the effects of the collective conventions, they shall be subject to the same forms and requirements of validity as are required in respect of the latter. In the other cases, the resolutions of the parity commissions will take effect from their notification.

III. ARTICLES 18 The collective conventions in force at the time of the sanction of this law, registered in the Ministry of Labour and Security, will produce until its expiry the same effect that this law attributes to the collective conventions it provides. ARTICLES 19 The regulation shall determine to what extent this law shall apply to activities which, given their particular characteristics, have in force legal or regulatory systems linked to the same matter. ARTICLES 20 The present law shall govern the whole territory of the Nation and shall be incorporated into the Code of Social Law.

Given in the meeting room of the Argentine Congress in Buenos Aires, 29 September 1953.


Alberto H. Reales

Rafael V. Gonzalez

! Registered under No. 14.250