Domestic Service Regulation - Full Text Of The Norm

Original Language Title: SERVICIO DOMESTICO REGLAMENTACION - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Buenos Aires, 30/4/1956.

VISTO: The need to regulate Decree Law No. 326/56 and CONSIDERING: That since the employees and workers who are linked to the commercial exploitation of the employer and who have tasks related to the wings of the domestic service, they are covered by the provisions of them, they must be expressly excluded from the new institute: that without falling into casuisms must also clarify some particular solutions to avoid conflicts arising from the contract of the domestic service

The Interim President of the Argentine Nation Decreta:

Art. 1.- The employees and workers of both sexes who provide services related to the commercial or professional activities of the employer in a preponderant manner shall not be covered by the provisions of Decree-Law 326/56.

Art. 2.- Employers may agree especially, in the event that the employee lives with a family member, to reduce the pay in money to be paid, taking into account the benefits that the principal receives in accommodation and/or food.

Art. 3.- Serious or urgent causes are considered to authorize the employer to interrupt the employee's night-time rest, illness, travel or other family events. In all cases, the employer shall compensate for such interruption with rest within 24 hours after the termination of the case.

Art. 4.- Within the daily rest of three hours between the morning and evening tasks, the time required for the employee's lunch is included.

Art. 5.- For all purposes, it is established in fifty (50) pesos and one hundred (100) national currency pesos per month, the value of room and food benefits and during the annual holiday period, such benefits are not mandatory for the employer, who may replace them with both or one of them, for their equivalent in cash, and in proportion to the holiday period.

Art. 6.- The sick leave, up to thirty (30) days per year, will be granted to the employee who has more than one month of seniority in the service. Start the years from the date of entry. If such a license is exhausted, the employee may not be able to reinstate his or her duties or become ill again, the employer may consider the employment contract dissolved, without the right to compensation from the employee.

Art. 7.- The furnished room concept includes the following elements to be provided by the employer: single bed, mattress, pillow, two blankets and sheets, all of which must be maintained and returned to the employer in perfect hygiene conditions.

Art. 8.- Feeding will include at least breakfast, lunch and dinner, and will be suited to the customs and customs of the house.

Art. 9.- The qualification of the injuries that authorize the termination of the employment contract shall be carried out by the competent jurisdictional agency.

Art. 10.- In all cases of dismissal, the employee must vacate the house, when the deadlines set out in article 8 of the Decree - Law 326/56 are met, even if any compensation is deemed to be eligible. The same obligation will have the people of his family who lived with him and who do not work at the service of the house owner.

Art. 11.- For the purposes of the previous article, the employer may require police assistance, which shall be immediately provided without prejudice to the right of the employee to obtain, by appropriate means, compensation for lack of notice or dismissal.

Art. 12.- Compensation for lack of notice shall be paid on the basis of the last month ' s salary and compensation for dismissal shall be determined on the basis of the average salary in money for the last two years, or of the one received during the service period, when it is less.

Art. 13.- Salaries shall be paid within the first ten days of each month and the employee shall grant, in each case, the corresponding receipt.

Art. 14.- The work book of the employees of the domestic service, has the character of a public instrument and will be issued free of charge by the National Directorate of the Employment Service of the Ministry of Labour and Provision against the submission of the documents listed in article 12 of the Decree - Law 326/56.The booklet shall have numbered all its pages and the number of the employee's affiliation to the National Institute of Social Provisions shall be recorded in the adult regulation of the present decree.

Art. 15.- The employer shall not be able to register in the employee ' s workbook, nor the concept which the employee deserved, nor the grounds for the dismissal.

Art. 16.- The National Directorate of the Employment Service shall grant duplicates, triplets and successive copies of the workbook, at the request of the employees, in each case meeting the requirements of the original. Such applications will be presented in stamped paper of thirty (30) pesos national currency for the duplicate; of fifty (50) pesos national currency for the triplicate and of one hundred (100) pesos national currency for the successive copies.

Art. 17.- The certificates of good conduct shall be granted by the Federal Police and those of good health by the Ministry of Social Welfare and Public Health of the Nation, free of charge. The date of issuance of the certificates will be recorded in the workbook by the National Directorate of the Employment Service.

Art. 18.- The National Directorate of the Employment Service of the Ministry of Labour and Security may conduct inspection visits in the places where employees serve, where it deems necessary, on working days and only on schedules from 9 to 11 and from 16 to 18 hours. Visitors will be entitled to request the exhibition of the workbook, but they will not be able to enter the home without express authorization from the owner of the house.

Art. 19.- Employees who provide services without owning the workbook will be liable to a fine of fifty (50) to two hundred (200) national currency. Employers who admit to their service persons who lack the documentation and requirements of the decree and its present regulation shall be liable to a fine of one hundred (100) to one thousand (1,000) national currency pesos for each employee under such conditions. The amount of such fines, which will be applied by the National Directorate of Employment Service, the Ministry of Labour and Providence, will enter the fund of the corresponding section of the National Social Welfare Institute.

Art. 20.- The following categories are available for the Federal Capital, the remuneration of which may be freely agreed, as long as the minimum wage is exceeded in each case:

  1. First category: with a minimum wage in money of seven hundred (700) pesos national currency: institutes, preceptors, governors, housewives, butlers, ladies of company and nurses;
  2. Second category: with a minimum wage in money of five hundred (500) pesos national currency: cooks specialized, specialized mucamos, specialized nannies, valets and porters of private houses;
  3. Third category: with a minimum wage in money of three hundred and fifty (350) pesos national currency: cooks, mocamos and nannies in general, assistants for all work, assistants, gardeners and homemade;
  4. Fourth category: with a minimum wage in money of two hundred and fifty (250) pesos national currency: apprentices in general of fourteen to seventeen years of age;
  5. Fifth category: with a salary or hire in money to agree all staff with retirement.

Art. 21.- Consider the "Domestic Labour Council" under the Ministry of Labour and Security and with a seat in the National Directorate of Employment Service, as a competent body to understand in individual conflicts arising from the working relationships regulated by Decree-Law 326/56 and in the determination of categories of domestic workers.

Art. 22.- The "Domestic Labour Council" will have the number of advisers to be determined by the Ministry of Labour and Provision in accordance with the needs of its functions, in accordance with the resolution to be issued.

Art. 23. The rules of procedure to be issued by the Council shall be in accordance with the following principles:

(a) Conflicts will be handled in a summary and oral manner, initiating the demand of the applicant;

(b) The parties shall be summoned immediately to a summoning, notifying the defendant of the essential parts of the claim;

(c) The hearing shall be presided by a counselor, hearing the demand and its response, and attempting a compromise by the parties, which shall be pursued throughout the whole instance; the evidence offered shall be produced in full at the same hearing;

(d) All measures of proof shall be admitted, except those which, by their nature, devour the summary character of the procedure and those which affect morals and good customs;

(e) If the council considers it necessary for the substantiation of the evidence or has any ex officio measures to decree, it may set a second hearing in the act, remaining notified by the parties;

(f) Within 48 hours of the first and second hearing, if any, the counselor shall issue a decision notifying the parties, and may impose or absolve the costs;

(g) The resolution will be appealable within the second day, in relation, to the Chamber of Labor Appeals;

(h) The convictions shall be executed by the National Labour Court of first instance in turn;

(i) In all cases and for all purposes, except for proof of positions, the parties may be represented by any skilled person, by simple letter-power;

(j) Legal sponsorship shall be optional and simple paper;

(k) The Council will publish cards with the rules of procedures explained in plain and clear language, which will provide the applicants without charge.

Art. 24.- The federal commissioners in the provinces are empowered to adopt the preceding provisions or to issue the regulations for the implementation of the Decree - Law 326/56, in their respective jurisdiction and also to establish the remunerations.

Art. 25.- This decree will be endorsed by the Ministers Secretary of State of the Departments of Labour and Security, Finance, Justice, Interior and Social Welfare and Public Health.

Art. 26.- Contact, post and give to the General Directorate of the Official Register.

ARAMBURU . Raúl C. Mignone . Eugenio A. Blanco La Laureano Landaburu La Francisco Martinez