LEY PROJECTS

Decree No. 2.197/1990

Note in full draft law No. 23.901.

Bs. As., 19/10/90

VISTO: The Bill of Law 23.901 communicated by the Honorable Congress of the Nation for the purposes provided for in art. 72 of the National Constitution; and

CONSIDERING:

That the articulates enshrined in the legislation in analysis extend the activities covered by the special statute established by Act No. 14.546, overcoming them with the scope of other specific regimes, including martilleros, brokers and trade employees.

It is estimated that it is not in good legislative practice to formulate a narrative enumeration because it is prone to the generation of conflicts with other labour regulation systems. It is of the case to point out, not only from the form aspect, but to the observation previously made, the incorporation of the word "etc.", in the text of article 2, because the enunciation removes precision from the law and it is feasible that it generates serious doubts of interpretation and application.

The creation of the National Register of Industry and Trade Travellers, without specifying which type of agency is instituted, as to whether it is a public, private or mixed entity, the legal character thereof, if it will enjoy the personry and if it will be incorporated into the sphere of the National Civil Service.

That the obligation contained in its joint to have to register all persons who work as travellers would affect the freedom of work, the freedom of employment and indirectly the freedom of membership and trade union autonomy.

That if the Register that is created by the regulations under review is placed within the sphere of the National Executive, there would be a progress on the part of the Legislative Power against it, by regulating functions that are his own and specific according to art. 86 of the National Constitution.

That, when the Register was chaired by an agent of the Ministry of Labour and Social Security and had such an agency ample powers over the sector, those powers would be transferred to the Executive Branch and the latter would go on to govern the activity.

That in the same sense and for the same reasons the Ministry of Labour and Social Security would be involved in managing the finances of the Register, a function that does not correspond to that portfolio of State.

That through the objectives set out in article 10, a deep ingerence of the State is observed in an activity that is naturally private.

That the functions attributed to the National Commission would be inconsistent with the general policy of the Government, which tends to deburocate, rationalize and simplify the activities of State agencies, regardless of the nature
of them.

That the rules in principle would affect the autonomy of individual and collective will as well as freedom of work.

That practically, the bill forwarded subordinates collective bargaining to the well-known of the Register that is created, which may annul the freely agreed by the parties -workers and employers - indirectly limiting the role of the Ministry of Labour and Social Security.

That the policy adopted by the national government tends to promote the development by private activity of the free exercise of constitutionally recognized rights and freedoms, without assigning to the State functions that can be reasonably developed by individuals.

That the exercise of the power granted to this power by article 72 of the National Constitution is deemed necessary.

Therefore,

THE VICEPRESIDENT OF THE ARGENTINA NATION IN EJERCIC OF THE EXECUTIVE POWER

RIGHT:

Article 1 - Note in its entirety draft law No. 23.901.

Art. 2° - Return the bill under No. 23.901 to the Honorable Congress of the Nation.

Art. 3° - Contact, post, give to the National Directorate of the Official Register and archvese. DUHALDE .- Alberto J. Triaca.