Collective Labour Conventions Collective Bargaining Procedure - Full Text Of The Norm


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COLECTIVE WORKING CONVENTIONS Rules governing the procedure for collective negotiations. DECRETO N° 200

Bs. As., 16/2/88

Seen Law 23.546, and


It is necessary to establish the procedures for the establishment of the Negotiating Commission, as well as the appropriate follow-up and intervention of the implementing authority.

On the other hand, it is considered appropriate to suggest subjects and mechanisms whose treatment is imposterable in view of an updated system of labour relations.

That the regulations are intended, collecting previous experiences, to give the collective bargaining process a speedy and dynamic functioning.




Article 1 Las The collective labour conventions will have the scope that the parties, in exercise of their collective autonomy, agree within the following typology:

(a) Convention of one or more branches of activity or sectors of production;

(b) Convention of trade or profession;

(c) Company Convention;

(d) State-owned company agreement, State-owned society, an anonymous company with majority state participation, state or mixed financial entity covered by the law of financial entities, enumerated by article 1 of Act No. 14.250 (t. or by decree No. 108 of 27 January 1988).

This enumeration is not taxative.

Art. 2o . The communication of Article 2 of Law 23.546 must contain the detailed indication of the representation invoked and that recognized by the other party.

It will also list the subject areas of negotiation with special individualization of employment clauses, wage adjustments, training, organization of work and new technologies, information regime and consultation on trade union representation, health and the working environment, productivity and mechanisms for the prevention or resolution of labour conflicts.

The party receiving the communication is also empowered to propose other matters to be brought to the Negotiating Commission. In this case you must also notify your proposal to the representation that initiates the procedure, with a copy to the application authority.

Art. 3o . For the purpose of a proper development of the negotiation, the parties shall accompany the Ministry of Labour and Social Security within 5 (five) administrative working days of remittance or received the communication of Article 2 according to the case, the instruments from which the representation invoked arises, appoint their titular and alternate representatives and constitute a domicile. The term may be extended on request.

Art. 4o . Within the legal period (Section 4 of Law 23.546) a hearing shall be summoned to join the Negotiating Commission. Once constituted, the parties will submit the text of the draft agreement to which they are expected to arrive and accurately indicate the personal and territorial scope they expect to agree.

In this act, the parties may resolve to develop their negotiations directly between them or under the coordination of the staff member designated by the implementing authority.

Art. 5o . When a dispute arises between the convocating party and the convocation to negotiate, relative to the extent of the representations that the parties attribute, the deadline set out in article 4 of the law shall be suspended for 10 (ten) administrative working days, in which the Ministry shall resolve.

Art. 6th Las The records performed pursuant to Article 5 of Law No. 23.546 shall be elevated to the Ministry of Labour and Social Security within the fifth day of preparation.

Art. 7o La The enforcement authority shall be empowered to cite the parties, jointly or separately, during the process of the negotiations in order to require them information on the status and evolution of the parties and on any other matter that is of interest in accordance with the provisions of article 4 of Law 14.250 (t. or by decree No. 108/88). Similarly, both representations may seek the intervention of officials highlighted by the implementing body in order to facilitate the overcoming of issues arising during the negotiation, as well as to require technical assistance to the Ministry of Labour and Social Security.

Art. 8o La The enforcement authority may collect the necessary documentation and information to substantiate or clarify any matter in relation to the proposed project or the development of the negotiations. In the same way the parties can do it.

The information collected will be considered to be the cause of the act of approval, even if it is not expressly invoked in the text of it.

Art. 9th . In the event of a discrepancy, within a party, on the criterion with which its will will shall be formed, the Ministry of Labour and Social Security shall assign the percentages with which each member of the negotiating commission representing it shall proceed to the formation of the will of that party according to the criteria provided for in Article 2 of Decree No. 199/88.

Art. 10. . The Minister of Labour and Social Security, the Secretary of Labour, the Undersecretary of Labour and the National Director of Labour Relations will be the authorities with the power to homoloate the collective labour conventions. Only those conventions to which the above-mentioned officials have been brought before the Ministry of Labour and Social Security, under the terms of article 6, paragraph 2, shall be deemed to have been held.

Art. 11. El The term of article 6 of the last paragraph of Law 23.546 shall be counted from the day after the one in which the application for approval is effectively received with all the requirements of article 3 of the Rule of Law 14.250 (t. or by decree No. 108/88).

By homoloating the collective labour agreement the application authority may reorder the text in accordance with the existing regulations.

Art. 12. . The review of the act that denies the approval within 15 days (perhaps) administrative working days of notified by presentation founded by the authority that issued the denying.

Art. 13. El The Ministry of Labour and Social Security will issue appropriate measures and resolutions for the better implementation of the law and this regulation, especially with regard to ordering, channeling and speeding up negotiations between the parties and establishing the most appropriate mechanisms for the evaluation and monitoring of the agreements.

Art. 14. El This decree will begin to govern the day after its publication. The procedures initiated prior to their validity must be adapted to the provisions contained therein.

The term of article 4 of Law No. 23.546 shall be from the beginning of the validity of the Act when the calls to negotiate had been made earlier.

Art. 15. . Prove decree 7260/59.

Art. 16. . Communicate, publish, give to the National Directorate of the Official Register and archvese.


Ideler S. Tonelli.