COLECTIVE WORKING CONVENTIONS
DECEMBER No. 199
Rule Act No. 14,250, which is ordained by Decree No. 108/88.
Bs. As. 15/2/88
VISTO Law No. 14,250, text ordered by decree number 108/88, and
Article 6 of Law No. 23.545 provides that the National Executive shall issue the regulation within 120 (tenth 20) days of publication in the Official Gazette.
That this measure is made in the use of the powers granted by article 86, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1(Article 13 of Law 14.250, text ordered by Decree No. 108/88). The Ministry of Labour and Social Security may delegate the powers set forth in Act No. 14.250 (text ordered by Decree 108/88) and this regulation in those organs and officials that depend on it.
Art. 2o.- (Article 2 of Law No. 14.250, text ordained by Decree No. 108/88). On its own motion or at the request of a party with legitimate interest, the Ministry of Labour and Social Security may attribute the representation of the employer to any of the subjects referred to in article 1 of Act No. 14.250 (Text ordained by decree 108/88) in order to:
(a) The characteristics of the business activity concerned and those of the companies that develop it and
(b) The existence of entities that bind entrepreneurs, their status and representativeness measured by the number of registered employers and the number of dependents they contract.
When the implementing authority decides to attribute the representation of the sector to one or more employers not members of an association, it shall, in advance, invite those employers who will then be subject to the clauses of the convention to assume the representation referred to, in accordance with the rules of formation that the will of the sector that the Ministry of Labour and Social Security formulates, in accordance with the circumstances of the case and the provision of article 5 of Law 23.546. The invitation will be made known through notices to be issued for 2 (two) to 5 (five) days, at the discretion of the implementing authority, at least one large-circuit newspaper in the territorial area to which the agreement would be applicable and the other in the Official Gazette, with reference to the sector of workers and employers covered by the future agreement and the content expected of the agreement, succinctly stated.
Art. 3o.- (Article 4 of Law No. 14.250, text ordered by Decree 108/88). Approval shall be required by joint submission of the parties that have concluded the agreement, who shall:
(a) Accompany 3 (three) original and full copies of the agreement, which shall respect the forms laid down in Act No. 14.250 (text ordered by decree 108/88), Act No. 23.546 and the regulations issued by the Ministry of Labour and Social Security;
(b) Ratify to the implementing authority the signatures contained in the agreement and the application for approval. To this end, the enforcement authority shall bring a hearing from which the time limit provided for in section 6 of Act No. 23.546 shall be computed;
(c) To accompany such information or documentation required by the Ministry of Labour and Social Security in order to carry out the assessment provided for in article 4 of Act No. 14.250 (text ordered by decree 108/88).
The act of approval shall establish the personal, territorial and temporal fields of application of the approved convention. Before issuing a denying resolution of the approval of a convention, the implementing authority shall inform the parties of the comments deserving of the proposed text and shall invite them to reconsider and modify the agreement, with a view to the proper harmonization of sectoral interests with the general interest. This communication shall suspend the calculation of the time limit of Article 6 of Law No. 23.546.
The parties may, in common agreement, adjust the agreement or withdraw, individually or jointly, the application for approval.
Art. 4o.- (Article 5 of Law No. 14.250, text ordered by decree 108/88). The publication of the full text of the convention should be made in the form or manner expressly indicating the homologatory resolution.
The Ministry of Labour and Social Security will register:
(a) The approved collective conventions and the resolutions that homoloate them;
(b) Resolutions providing for the bindingness of a convention to areas not covered in the territorial scope of that convention;
(c) The resolutions adopted by the parity commissions and the awards which, by their nature and content, should have the same effect as collective conventions;
(d) Any other acts that the administrative authority may register.
The registration shall be carried by duplicate for each activity or branch of activity regulated by collective labour conventions. The staff member for whom the registration is made shall sign each sheet.
The Ministry of Labour and Social Security may have computerized registration.
Art. 5o.- (Article 5 of Law No. 14.250, text ordered by decree 108/88). The text of the convention that the parties publish shall reproduce the copy authenticated by the Ministry of Labour and Social Security and shall contain the number of registration in the Register referred to in article 4 of the present decree.
Art. 6th(Article 10 of Law 14.250, text ordered by decree 108/88). The extension of the convention to areas not covered by it shall be made by a well-founded decision of the Minister of Labour and Social Security, provided that they meet the following conditions:
(a) That in the area in which the convention will be implemented there is no trade union association with trade union, representative of the workers of the activity.
(b) May the evaluations that take place result in the fact that the convention is adequate to regulate working relations in the area. When carrying out these will be taken into account:
(1) The technical and economic conditions under which the activity is unfolded and, in particular, whether the products are placed in markets where items are produced in areas where the convention is already applied.
(2) Particularities of the area and modalities of the provision of services.
The extension may be made by excluding from the convention those clauses which, without modifying their economy, are deemed inadequate to the area where it should be applied.
Art. 7o(Article 14 of Law 14.250, text ordered by decree 108/88). The Ministry of Labour and Social Security shall constitute the parity commission within 20 days of receipt of the respective petition, setting the number of members and appointing its President. The Joint Commission will meet in the place and with the frequency that she herself sets. Resolutions shall be adopted by agreement of the parties. The Commission shall have a maximum time limit of 60 (sixty) days to be issued, and may therefore be extended by a well-founded resolution. The technical advisers proposed by the parties may participate in the meetings of the commission, with a voice but without a vote.
Art. 8o(Article 15 of Law 14.250, text ordered by decree 108/88). Collective conventions may give the parity commissions additional functions as provided for in Act No. 14.250, while they do not exclude the competence of other bodies created by legal provisions. Issues relating to the classifications of staff that arise before the parity commissions shall not be considered individual disputes for the purposes provided for in article 16 of Act No. 14.250.
Art. 9th(Article 16 of Law No. 14,250, text ordered by decree 108/88). In the event of non-compliance with the conciliatory agreement, it may be executed before the Court with labour competence in the place where the agreement was held, through the enforcement of the judgement. To that end, the testimony of the agreement issued by the Chairman of the Joint Commission will be an executive title.
Art. 10(Article 17 of Act No. 14,250, text ordered by decree 108/88). In issuing a resolution, the Commission shall indicate whether or not it is adopted unanimously.
Resolutions issued pursuant to article 15 (b) of Act No. 14,250, which was ordained by decree 108/88, would have been adopted unanimously or not, will only be appealed, on the grounds that the Commission has acted outside the limits of its competence or has incurred excessive power.
The resolutions of the couple ' s commissions adopted under article 15 of Act No. 14,250, which is ordained by decree 108/88, shall, within the fifth day, communicate to the Ministry of Labour and Social Security for the purposes set out in article 4 (2) (c) of this Decree.
The Ministry of Labour and Social Security will provide how they will be published.
Art. 11.- The appeal against the resolutions adopted by the Parity Commission must be submitted in a substantial manner, within five days of the notification of the resolution, to the President of the Parity Commission who shall submit it, without further action, to the National Director of Labour Relations.
The same act will accompany the instrumental proof that the applicant will try and offer the remaining one.
Notifications will be performed personally, by cédula or other means.
Art. 12(Article 19 of Law 14.250, text ordered by decree 108/88). The law of Act No. 14,250, which is ordained by decree 108/88 shall not apply to:
(a) Home workers governed by Act No. 12,713.
(b) Workers included in the National Agrarian Labour Regime adopted by Act No. 22,248.
(c) Domestic Service workers.
Art. 13.- All deadlines set out in this decree are in administrative working days.
Art. 14.- This decree will begin to govern the day after its publication.
Art. 15.- Default of Decree No. 6.582/54.
Art. 16.- Contact, post, give to the National Directorate of the Official Register and archvese.
Ideler S. Tonelli