Bs. As., 27/8/62
VISTO Decree No. 8.321/62, and
That the country ' s general economy is seriously threatened by the electricity deficit caused by the fire that almost completely destroyed the Dock Sud usin of the S.E.G.B.A. company, resulting in the immediate closure of factories, workshops and industrial establishments in the area fed by the plant;
That in order to prevent consequent unemployment and its impact on the sectors of workers and entrepreneurs, the measures that the circumstances suggest, through cable repairs, connections with other power circuits, fluid rationing and modifications and limitations of work shifts are being taken;
In this last order of forecasts, the night schedule of 22 to 6 hours has been established for employees and workers of the establishments, factories and workshops of the area affected by the sinister;
That this transfer of activities to night hours, in merit of the exceptional circumstances that motivate it, must take place without reduction in the duration of the day-time work in order to avoid any reduction in productivity, since this last contingency would only tend to aggravate the consequences of the sinister commented;
That, for this purpose, the Executive Power is empowered to totally or partially suspend the provisions of Law 11.544, in accordance with the rules contained in Article 7 of the Act;
That within that tonic, it is imposed in turn to adapt the existing labour legislation in order to allow the night work of male and female staff over 16 years of age, since otherwise it would cause economic damage that is precisely tended to be avoided;
That, however, since in the present circumstances, situations that might arise for the rest of the population cannot be foreseen and resolved with sufficient speed, it is considered appropriate to adopt from now on the necessary measures to ensure that the authority of work is empowered to contemplate all the assumptions that may arise;
That, in such an order of ideas, it is appropriate to express that this executive branch is empowered to attribute force of law to the provisions that it dictates for that purpose, bearing in mind that they are intended to satisfy a notorious requirement of public order, which could not be avoided without serious harm to the supreme good of the Republic, and given the manifest impossibility in which the H. Congress is to fulfil its responsibilities in this regard;
Therefore:The President of the Argentine Nation, Decreta: Article 1 Artículo Staff of both sexes, over the age of 16, may be engaged in night work when reasons of public interest or the parties do so. Art. 2° . Likewise, exceptions may be granted to the provisions of article 1 of Law 11.388, in cases where this is indispensable for the better supply of the population or other public order grounds that require it. Art. 3rd . The Sunday rest referred to in article 5 of Decree 16.117/33, which regulates laws 4.661 and 11,640, may be replaced by the compensatory rest set out in article 18 of the decree. Art. 4° El The Ministry of Labour and Social Security, through the General Directorate of Labour Police, is empowered to grant temporary, individual or collective authorizations, or by industry, trade or other activity, which will be agreed upon subject to the requirements and conditions prescribed in the existing regulations on hygiene and safety and child labour. Art. 5° . Declárase temporarily suspended, in respect of the establishments which, under Decree No. 8.321/62, must move their work shifts to the night period, the limitation of the day to 7 hours provided for in article 2°, part one of Act No. 11.544, which may be the same in accordance with article 1 of the Act. Art. 6° 6 All legal and regulatory provisions that are contrary to the present are invalid. Art. 7° . The Honorable Congress of the Nation may be known. Art. 8° El This decree will be endorsed by the Ministers Secretaries in the Departments of Labour and Social Security, Economics, Interior and signed by the Secretary of State for Energy and Fuels. Art. 9° . Communicate, publish, give to the General Directorate of the Official Gazette and Prints and archvese.
GUIDE. . Galileo Puente. . Alvaro C. Alsogaray. . Carlos A. Adrogué. . Jorge Bermúdez Emparanza.