MUSICAL EXECUTIVE LEY N° 14.597
Legal work system.
Sanctioned: September 30, 1958.
The Senate and Chamber of Deputies of the Argentine Nation gathered in Congress, etc., sanction with force
Legal working regime of musical performers ARTICLE 1 -
For the purposes of this Law, the person who, whatever the place and form of action, develops his or her work activities and the tasks that are his or her own to the musician (instrumental and/or vocal), director, instrumentator, copyist or dedicated to the teaching of music will be considered "music executing". ARTICLE 2
- The musical entity with a group of people granted in accordance with Act No. 14.455 shall be responsible for the general registration of the musical performer, which this statute creates, and shall perform the following functions:
(a) To register professionals under article 1;
(b) organize the general file of musical performers;
(c) To grant the credential of musical performer in accordance with Article 3;
(d) intervene in cases of non-compliance with this statute, with respect to the labour regime, application of minimum wages, hebdomerous rest and other compensation, annual leave and salaries, form of payment, etc.
(e) consider any claims or complaints made to it for breaches;
(f) shall organize and be responsible for the administration of a Fund, which shall be responsible for the receipt and distribution of wages and percentages for the care of the risks of illness and accidents and for the percentages relating to the law 11,729 (antiquity, severance pay, etc.), which enter the Fund. They will collaborate with the National Social Welfare Institute (National Social Welfare Institute) Decree-Law 31,655 for the best development of the system of receiving the corresponding contributions. ARTICLE 3o -
The registration of musical performers is mandatory for the exercise of the profession and applicants who meet the following requirements will be agreed:
(a) Demonstrate its suitability by adopting a training review;
(b) For the purpose of completing this requirement, an examination table will be made up of representatives of the musical entity with a trade union and representatives of the National Commission on Culture equally. ARTICLE 4o -
The union entity with a group of persons shall issue a credential to the persons inscribed in the registration, which proves such a circumstance. ARTICLE 5o -
For the purposes of the application of this Act, a principal contractor shall be deemed to be a natural or legal person engaged in musical performers, whether acting individually or collectively in public or public proceedings. It will be the obligation of the principal contractor to hold, individually or collectively, in all cases, contracts of performance in accordance with a model that will be elaborated by the reference union entity and approved by the Ministry of Labour and Social Security. ARTICLE 6
Recruitment of orchestra in the premises that perform dances and/or musical performances and, in order to give access to or authorize the stay in it, a contribution of cash in whatever form, as input or consumption, is excluded from that obligation only those institutions that are registered exclusively as entities of a mutual character, of charity and/or cultural and those that are excluded by the nature of their activities or their economic capacity. ARTICLE 7o -
The performance of the musical performer may not exceed four and a half hours of day or four hours of nights continued by spectacle, being understood as nights that take place between twenty-one and eight hours of the following day, having to alternate in equal periods of performance and rest. In the sectors of work which, by their specific modality, cannot be adjusted to the above, the representatives of the labourers and the authorities of the musical entity with a group of people may establish different conditions. ARTICLE 8o -
The days of Good Friday, of the Difuntos, of Music, 1 May, 24 and 31 December, will be considered obligatory holidays, authorizing the companies to use in those days mechanical music, and for this purpose the working day will be considered until four hours of the next day. ARTICLE 9o -
Since the promulgation of this law, all musical performers will automatically enter the box provided for in Article 2 (f) of this statute, which will be called "Caja de Salarios y Prestaciones Sociales del Músico". This box is intended for the purpose of Article 2 (f) of the Law, and will liquidate the amount of its salary and social benefits as appropriate to the musician. The payment of wages and benefits set out in article 10 shall only be deemed legally produced by depositing them in the box, in accordance with the provisions of that article. The organization, administration and operation of the box, as well as the procedure by which it will liquidate its salaries and other corresponding social benefits to the musician, shall be established by the regulations to be issued. ARTICLE 10 -
The main contractor shall be relieved of all liability for antiquity, dismissal, inculpable diseases, retirement, vacation and other social burdens, by means of a legal contribution on the amount of the paytables, to be made on the occasion of payment of these and to be fixed by the regulations to be issued. ARTICLE 11 -
The Minister of Labour and Social Security shall constitute the parity commissions corresponding to each of the working groups indicated in the following classifications:
(a) Theatres with continuous music (op, operas, zarzuela, magazine, varieties, etc.);
(b) Theatres or cinemas with interacting music;
c) hotels, confectioneries, restaurants, cafes, concert cafes, American bars, peñas (without dance floor and without varieties);
(d) confectionery with varieties;
(e) confectioneries, restaurants, American bars, rocks, cabarets, boites with dance floor;
(f) Dance establishments (room dances);
(g) Radios, television;
(h) Filming and/or recording of films;
(i) recording of phonographic records;
(j) Fun and circus parks;
(k) Symphony orchestras and bands, chamber orchestras, choirs;
(l) Religious offices;
(ll) musical education institutes;
(n) inner and/or outer tours. ARTICLE 12 -
It shall be incumbent upon the parity commissions to establish the general conditions of the respective conventions and, in particular:
1) How many categories are to differentiate;
(2) Minimum salaries for each of these categories;
3) the minimum number of musical performers to be employed.
The parity commissions shall be composed of the representatives of the main contractors of each of the activities set out in the previous article and by representatives of the musical entity with a group and chaired by an official of the Ministry of Labour and Social Security. ARTICLE 13 -
The Ministry of Labour and Social Security will officially consider complaints of violations of the provisions of this statute, which in writing will be submitted by the musical entity with a trade union, applying the penalties and/or fines it deems relevant, and the amount of which will be set by the regulations. The amounts of the fines shall be entered into the musical entity with a trade union person, which shall apply to the attention of the expenses that demand the fulfillment of this law. ARTICLE 14 -
Up to the sixty-day validity of this statute, the registration of musical performer registration shall be agreed upon to applicants who are affiliated with entities recognized by the Ministry of Labour and Social Security, exempting them from the requirement of accrediting suitability. ARTICLE 15 -
This statute shall enter into force at sixty (60) days of its promulgation. ARTICLE 16 -
Contact the Executive.
Given in the meeting room of the Argentine Congress in Buenos Aires, September 30, 1958.
|Eduardo T. Oliver
Registered under number 14.597
Adopted by the Executive Branch, pursuant to article 70 of the National Constitution.