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General Regimen - Full Text Of The Norm

Original Language Title: VIAJANTES DE COMERCIO REGIMEN GENERAL - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Sanctioned: September 29, 1958


The Senate and Chamber of Deputies of the Argentine Nation, assembled in Congress, etc., strongly sanction LEY: ARTICLE 1 . Travellers, exclusive or non-exclusive, are covered by this Act, which, by making this their usual activity and by representing one or more traders and/or industrialists, concludes business relating to the trade or industry of their or their representatives, through remuneration. The traveler, unless otherwise written agreement with his or her employers, is authorized to enter into business on behalf of several traders and/or industrialists, provided that they do not understand goods of equal quality and characteristics. ARTICLE 2 . Within the generic specification of the traveler referred to in Article 1, the different names used to call them are included, such as: travellers, travellers, placists, corridors, travellers or industry corridors, corridors of square or interior, agents, representatives, domiciliary corridors or any other denomination that were given or intended to be imposed on them for their qualification.

It will be understood that there is a dependency relationship with your or your employers, when any or some of the following requirements are credited:

(a) That it sells on behalf of or on behalf of its or its representatives or employers;

(b) To sell at the prices and conditions of sale set by the houses it represents;

(c) He perceived as a retribution: salary, road, commission or any other kind of remuneration;

(d) To perform habitually and personally your travel activity;

(e) To perform its services within a particular area or radio or of possible determination;

(f) The risk of operations is taken by the employer.

ARTICLE 3 The provisions of articles 154 to 160, including the Code of Commerce, are governed by the provisions of the provisions of articles 154 to 160, as long as they are not opposed to this Act, as well as those of Law 9.688 and its amendments, and enjoy their remuneration and other benefits enshrined therein, of the privilege set out in article 129 (3) of Law 11.719. Collective conventions to be held in the future, including the categories referred to in article 1, shall be made through trade union bodies that enjoy union membership in accordance with Act No. 14.455 and which are representative exclusively of the activity of traveller referred to in this Act, without prejudice to the best rights granted to them by other conventions. ARTICLE 4 The present law is of public order and shall be null and void any convention or legal act by which the traveler renounces the benefits enshrined in it or tends to reduce it. The emerging actions of this law shall prescribe at the age of five, except those derived from the application of other laws to which the present is referred, in which case the term shall be determined. ARTICLE 5° pay shall be settled according to the following bases:

(a) On any notice of sale or order accepted by traders or industrialists without deductions for bonuses, credit notes or discounts of any other kind that had not been provided in the note of sale by the traveler himself;

(b) Any notice of sale that is not expressly rejected, by written act, shall be deemed to have been accepted within fifteen days of receipt, when the traveler operates in the same area, radio or town where the employer has his residence, or thirty days in the other cases. The employer shall base and inform the traveler of the reasons for the refusal of the sales notes, within the time limits indicated above;

(c) The inexecution of the notice of sale by will or impediment of the trader or industrialist shall not cause the traveler to lose the right to receive the commission;

(d) The traveler who definitively replaces another in his post will receive the same percentage of commission and vitic as his predecessor. The corresponding fees shall be paid even if the accepted order was fulfilled after the performance of the traveler ' s function, either by having been transferred from locality, radio or area, or by having ceased in his or her post. Such commissions shall be liquidated in the act of dismissal, if it refers to an already accepted sale operation, or otherwise, within the third day of its acceptance. The liquidations of the commissions should be made monthly.

ARTICLE 6 If the operation is not arranged through the traveler, the traveler shall be entitled to the commission provided that it is an operation with a client of the area attributed to the traveler and during the time of his or her performance, or with a payroll client in his or her charge, and in both cases, he or she has entered into previous operations with that client through the same traveler. The rate or percent of the indirect commission will be equal to the direct one. ARTICLE 7 The remuneration of the traveler shall be constituted, in whole or in part, based on commission to percentage on the amount of the sales made. Without prejudice to this, they will be considered integrating the retribution: roads, mobility expenses, lodging, food and compensation for vehicle costs.

From the validity of this law, the stipulation, by whatever means, of commissions by packages, units, kilograms, is not the proportional on the price of meters, liters or any other form or measure of sale of the goods or goods is prohibited. The fees paid to date under these conditions shall be established thereafter to a percentage on the value of the goods.

ARTICLE 8 . Travellers who, apart from their specific function, perform subsidiarily the task of charge to the clientele of their area, shall receive from their or their employers, a commission at a agreed percentage, which shall integrate the remuneration of the person. Under no circumstances may the traveler be required to perform only collection or other duties outside his or her specific function. Traders or industrialists may not require their travellers to sell any kind of items for which no commission is perceived. In the case of incorporating new ones, they will pay at least the same percentage of commission as those they pay on similar articles. ARTICLE 9 ∙ Traders or industrialists shall require the express conformity of the traveler in the event that they wish to change it or move it from area. In such cases, the traveler shall be assured of the same amount of remuneration and the payment of the transfer costs. The guarantee of the remuneration volume must also be ensured in cases of reduction of area, list or payroll of clients. ARTICLE 10. . Traders or industrialists shall bear a registered and signed special book under the same conditions as are required for the main trade books, in which the following annotations shall be made:

(a) Name, surname and date of entry of the traveler;

(b) Allowance, via and per cent for commission and other remuneration

(c) Accurate and individualized determination of the area or location allocated for the exercise of its operations;

(d) Registration by order of date and successively of the sales notes delivered or forwarded, establishing the amount of the accrual and of the notes and commissions corresponding to indirect operations. They shall make detailed settlement, which shall be delivered or forwarded to the traveler in conjunction with copies of invoices;

(e) Nature of the merchandise to be sold.

ARTICLE 11. It will involve the trader or industrialist to the contrary if the traveler or his right-holders make a sworn statement about the facts that were to be recorded in the book referred to in the previous article. In cases where the amount or payment of remuneration of the traveler is disputed, the contrary proof of the claim shall be the employer. In any event, traders or industrialists shall retain the sales notes referred or elevated by the travellers by not allowing them to be destroyed until the time limits set out in Article 4. ARTICLE 12. The traveler shall not be liable, except in case of dolo or serious fault of his part, for the insolvency of the client. ARTICLE 13. Any traveler acting outside the main square, at the end of each tour, shall enjoy a rest period in a one-and-a-half-day ratio for each week of travel, without prejudice to the licenses and holidays set out in article 156 of the Trade Code. ARTICLE 14. In the case of dissolution of the individual contract of work, once a year has passed, any traveler shall have the right to compensation for clientele, the amount of which shall be represented by twenty-five per cent of what has corresponded to him in the event of untimely and unjustified dismissal. This compensation to be paid by the traveler or his or her survivors, whatever the determining reason for dissolution of the contract, does not exclude those that correspond to them in accordance with articles 154 to 160 of the Trade Code for the cases provided for there. ARTICLE 15. Créase la Comisión Paritaria Nacional de Viajantes, que será composed por seis representantes trabajadores de la categoría y seis representantes patronales del Comercio y la industria. The commission shall be chaired by an official of the Ministry of Labour and Social Security and shall have the powers conferred on articles 15, 16 and concordant to Law 14.250. ARTICLE 16. The dismissals produced since 18 June 1958 are covered by the law of this law. ARTICLE 17. The provisions of this Act are incorporated into the Trade Code. ARTICLE 18. Defrost any provision that is contrary to this law. ARTICLE 19. ! Contact the Executive.

Given in the meeting room of the Argentine Congress in Buenos Aires, 29 September 1958.


Noah Jitrik

Eduardo T. Oliver

Registered under number 14.546

Adopted by the Executive Branch, pursuant to article 70 of the National Constitution.