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.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 Las The signatory parties to the collective labour agreements, in exercise of their collective autonomy, may choose the level of negotiation they deem appropriate, according to the following typology:
(a) Collective Activity Convention;
(b) Collective agreement of one or more sectors or branches of activity;
(c) Collective agreement of trade or profession;
(d) Collective Agreement on Enterprise;
(e) Collective Convention on State Enterprise, Society of the State, Anonymous Society with majority State participation, state or mixed financial entity covered by the Financial Institutions Act, enumerated in Article 1 of Act No. 14.250 (t. by Decree No. 108/88).
This list is not taxative. The parties are not obliged to maintain the scope of application of the previous Collective Agreement, and may modify the level of negotiation at the time of its renewal, at the individual request of any of them.(Article 105 of the Decree No. 2284/91B.O. 1/11/1991) 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 time provided for in Article 4 of Law No. 23.546, a hearing shall be summoned to form the Negotiating Commission. Once constituted, the parties will submit the original 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 officer designated by the implementing authority.
The administrative authority shall have the necessary resources to analyse the information provided in accordance with the provisions of the article regulated by this Decree. It is empowered to request reports from public or private agencies to corroborate and to complete the information provided. It may also provide technical assistance to the party that requires it through a well-founded request to substantiate the reasons for it, taking care that this does not involve violating the principles of neutrality and impartiality that the authority must have. (Paragraph incorporated by art. 5o of the Decree No. 1172/2000B.O. 14/12/2000)
The enforcement authority may, at the request of any party, develop and publicize a report indicating the actions of the parties in respect of the obligation to negotiate in good faith, in accordance with the provisions of the rule of law. (Paragraph incorporated by art. 5o of the Decree No. 1172/2000B.O. 14/12/2000)
(Article replaced by Article 2 of the Decree No. 50/99B.O. 29/1/1999)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 (Article 7 of the Decree No. 1172/2000B.O. 14/12/2000) Art. 10. . The MINISTER OF WORK AND SOCIAL SECURITY, the WORKING SECRETARY, the WORKING SUBSECRETARY, the WORKING SUBSECRETARY, the LABORAL RELATIONS SUBSECRETARY and the NATIONAL DIRECTOR OF RELATIONS OF WORK, will be the authorities with the power to standardize the collective labour conventions. They shall be considered only to be held before the Ministry of Labour and Security SOCIAL, in the terms of the second paragraph of Article 6, those conventions to which the aforementioned officials have appeared and endorsed. (Article replaced by Article 1 of the Decree No. 900/1995B.O. 5/7/1995) 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.
NORMATIVE BACKGROUND:- Art. 4th replaced by art. 1st Decree No. 1554/1996B.O. 19/12/1996.