Bs. As., 17/9/81
VISTO Act No. 22,250 and article 86, paragraph 2 of the National Constitution and
It is appropriate to issue the regulation of the provisions of Act No. 22,250, as such, without prejudice to the establishment of such criteria in respect of other articles in order to facilitate the application of the Regime that the Act establishes.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Art. 1 . (Article 3, paragraph 2 of the Law) - The date of initiation of the activity as an employer of the construction industry shall be deemed to coincide with the day on which the first employment contract was concluded with one or more workers affected to the Regime, with the exception of any other related to the constitution of society or the initiation of its administrative operation or the conclusion of contracts for the execution of works without the beginning of them. Art. 2nd . (Article 5 of the Law) The representation of the National Register of the Construction Industry in the interior of the country, pending the approval of the functional organic structure provided for in article 6, subparagraph (i) of the law and assuming its functions its area agents, shall be exercised by the Regional Delegations of the Ministry of Labour of the Nation. Article 3. (Article 6 (k) of the Law) . The Sports Book will represent the fruitful record of the registration of the worker in the National Register of the Construction Industry. Article 4. (Article 13, paragraph 1, of the Law) . The Sports Book shall state:
(1) Data on the identity, affiliation and domicile of the worker.
(2) The records of the number and date of registration of the worker, granted by the National Register of the Construction Industry.
(3) Annotations for successive labour contracts with employers of the construction industry.
(4) Registrations of the impositions made for the Unemployment Fund established by the bank involved in the completion of each of the contracts entered into.
The National Register of the Construction Industry and the Central Bank of the Argentine Republic, by direct agreement and in accordance with the needs to be met, shall establish the format, diagramming, characteristics of the emissions of the Sports Books and other collected.Art. 5o (Article 15 of the Law) The contribution provided for in this article shall not be made on the amounts corresponding to the supplementary annual salary, legal charges on supplementary hours and compensation of any kind. Art. 6°... (Article 16 of the Law) . In the event that on the fifteenth day (15) of the month in question, the deposits may be made on the first working day following that date. Art. 7°... (Article 17 of the Law) The worker shall have the Unemployment Fund any cause of the cessation of the employment relationship.
The Unemployment Fund shall be made available to the worker within the term set out in this article, in the banking place where the relevant employment contract was executed or, failing, in the nearest existing one.Art. 8°... (Article 20, paragraph 1, of the Law) The employer shall proceed to deposit the Notebook of Contributions, not withdrawn by the worker, within ten (10) business days following the expiration of the period of intimation, at the headquarters of the National Register of the Construction Industry or in the area representation of the same in the interior of the country, sending it by certified piece or by direct delivery, with the correctness of the registration and delivery. Art. 9th... (Article 20, paragraph 2, and Article 24, paragraph 2, of the Law) . The National Registry of the Construction Industry shall proceed to refer to the National Council of Technical Education the Sports Books that the employers deposit to it, with the certification of the expiration of the twenty-four (24) months established by the aforementioned articles. Art. 10. ! (Article 21, paragraph 1, of the Law) The portion of the remuneration that is variable shall be liquidated taking into account the average of what is perceived in the last three (3) months or during the entire period of benefit if it is inferior. Art. 11. ! (Article 23 of the Law) The worker may designate to the employer a person so that when his death occurs he may receive the Sports Book.
The legal requirements with respect to the employer shall be deemed to be fulfilled when the employee delivers the Passports Book, subject to accreditation of the death and of the link to the spouse, descendant or ascendant who has been presented or the person designated for the receipt of the same or the person referred to in article 248 of the Labour Contract Scheme, as appropriate.
In the event of doubt on the person to whom it is appropriate to receive the Sports Book, the employer shall proceed to deposit it in the National Register of the Construction Industry in accordance with article 12 of the present decree.
The respective bank shall effect payment on the accreditation of death and the corresponding link by the spouse, descendant or ascendant or by the person referred to in article 248 of the Labour Contract Scheme.
If there is any doubt about the person who must receive the Unemployment Fund, the bank must judicially disclose the amount to be paid.Art. 12. ! (Article 24, paragraph 1 of the Law) The employer shall deposit the Notebook of Contributions not withdrawn by the spouse, descendant, ascendant or by the person authorized to receive it or by the one mentioned by Article 248 of the Contract of Work, at the headquarters of the National Register of the Construction Industry or in the representation area of the same in the interior of the country, within the next ten days of the work of the following Art. 13. ! (Article 25, paragraph 3, of the Law) The amount to be paid as a surcharge shall be the equivalent of the amount already earned or received by each of the days of rest worked. Art. 14. ! (Article 29 of the Law) The copy of the deposit box of the contribution to the worker, duly constituted by the bank institution, shall be considered a fruitful record.
The National Register of the Construction Industry and the Central Bank of the Argentine Republic, by direct agreement and in accordance with the needs to be met, may establish any other kind of record to replace the said one, which meets the requirements established by law.Art. 15. ! (Article 30 of the Law) The procedure of increase determined in paragraph 1 shall be applicable when the regularization of the contribution to the Unemployment Fund or of the contribution to the National Register of the Construction Industry is made within the first fifteen (15) days of a calendar month.
In the event that it occurs outside that period, it is appropriate to complement the updated mechanism, with the one set out in the second paragraph; in this case, the amount owed will be the subject of increase to the extent of the variation of the official wholesale price index of the National Institute of Statistics and Censuses or of which it replaces it, experienced between the month preceding the one to which the deposit or payment was to be made and the previous one.Art. 16. ! (Article 32 of the Law) The requirement of the registration in the National Register of the Construction Industry will proceed only when contractors or subcontractors configure the quality of employer of the construction industry. Art. 17. ! (Article 33 of the Law) . For the cases of late voluntary submission provided for in subparagraphs (b) and (c), the increases in tariffs with degrees of increasing graduation due to periods of time passed shall be established by the National Register of the Construction Industry within the following limitations:
(1) When the late submission is made within the fifteen (15) business days after the expiration of the term set by article 3 of the law, an increase shall be paid that does not exceed fifty per cent (50%) of the daily basic remuneration corresponding to the category of officer masonry for each worker who has at his or her disposal in the case set out in subparagraph (b) or for each worker in violation for the alleged subparagraph (c).
(2) When the late submission is made within the fifteen (15) working days following the expiration of the period of time set by the preceding paragraph, an increase not exceeding one hundred per cent (100%) of the aforementioned basic daily remuneration shall be paid.
Late voluntary submission shall be invalid when the maximum deadline set out in the preceding subparagraph or after the initiation of any administrative action aimed at the finding of compliance with the law.
The investigation of the summons and the application of the respective sanctions in accordance with the provisions of this article shall be carried out by the National Labour Police Directorate and by the National Directorate of Regional Delegations, in accordance with their relevant mission and functions, noting the procedure established by Act No. 18,695, as amended by Acts 20,554, 20,052.
With regard to subparagraph (d) the sanctions regime to be applied shall be set by Act No. 18.694, as amended by Acts 20.555, 20 556 and 22.052.Art. 18. ! (Article 34 of the Law) The pecuniary remedy provided for in this section of the law operates when the termination of the employment relationship is without cause by the employer and is referred to the periods that have been imposed prior to the validity of Law No. 17.258 and Law No. 22.250, respectively.
The share of the remuneration that is variable shall be settled in accordance with Article 10 of the present.
The Unemployment Fund regulated by Laws 17.258 and 22,250 shall be perceived by the worker as the cause of termination of the employment relationship.Art. 19. ! This decree shall enter into force at twenty (20) days from the date of its publication in the Official Gazette. Art. 20. ! Contact, post, give to the National Directorate of the Official Register and archvese. VIOLA Julio C. Porcile Lorenzo Sigaut Amadeo R. Frúgoli.