COLECTIVE WORKING CONVENTIONS
Amendment of Decree No. 199/88.
Bs. As., 18/3/93
VISTO: Act No. 14.250; and
That wages are among the most important components of the economic development process and that collective negotiations are particularly significant for their determination.
That the model of labour relations supported by the NATIONAL EXECUTIVE PODER promotes a transformation that aims at the freedom of negotiation among social actors. This transformation requires a presence of the State that channels and facilitates collective bargaining, together with the regulation of its procedures.
That the criteria for regulation are three: negotiation in minor units, fixing wages based on general and private modules and respect for the provisions of Laws 14.250 and 23.928.
With regard to the second criterion, taking into account the importance of the wage level in the economy as a whole and respecting the freedom to negotiate among social actors, there are clear guidelines on the criteria for negotiation and, to that end, the characteristics of the general and particular modules for which wage increases are established in a transparent manner.
That this form of negotiation must allow for a real honesty of the structure of conventional wages that, until today, did not reflect the amount of what was really perceived, affecting both the fiscal and forecastal system and, as a result, also the workers as a whole.
That while this trend towards the autonomy of the social sectors and the transparency of wage negotiation depends on the same dynamics of labour relations, especially collective ones, the transformation of the system requires the establishment by the State of clear rules that induce such changes.
That the present is dictated according to the powers conferred by Article 86 (s) of the NATIONAL CONSTITUTION.
THE PRESIDENT OF THE ARGENTINA NATION
Article 1.- Amend articles 2 bis, 3 and 3 bis of Decree No. 199 of 15 February 1988 in its current wording, which shall be replaced by the following:
"ARTICULO 2o bis.- The signatory parties to the Collective Labour Convention may modify the level of negotiation at the individual request of either employer or group of employers under the respective Collective Labour Convention. The application for the opening of a lower level of negotiation must be requested within the TREINTA (30) DIAS prior to the completion of the deadline of the agreement. Such submission shall imply the denunciation of the Collective Labour Convention in force for the applicant sector.
For the Collective Labour Conventions that have expired deadlines, the modification of the level of negotiation within the SESENTA (60) DAYS shall be requested to count on the validity of this Decree.
In case of disagreement, the Ministry of Labour and Security SOCIAL shall consult a commission composed of three (3) representatives of the General CONFEDERATION OF WORK, DOS (2) of the ARGENTINA INDUSTRIAL UNION and UNO (1) of the TRADE ARGENTINA ARGENTINA CAMARA, which shall report within a period of CINCO (5) DIAS. In the event of disagreement within the Commission, each party shall report separately on the basis of its position. Complied with this deadline, the Ministry of Labour and Security SOCIAL shall proceed in accordance with the provisions of the current regulations."
"ARTICULO 3o.- The content of the conventions may include both the general working conditions and the salary scale. Agreements may be negotiated according to the following guidelines:
(a) A GENERAL MODULE: Integrated by the general working conditions and conventionally agreed wages, which will be required for the activity, branch, sector or enterprise for which the Collective Labour Convention has been agreed.
(b) A PARTICULAR MODULE: Integrated by working conditions and a variable wage that will be established above the general module and will be obligatory for workers within the negotiating unit. The employer and the union association signatory to the collective labour agreement may modify, increase, delete or establish it for the sole time, according to the pace of the economic activity of the establishment, company or group of companies where it has been agreed. This module will only apply to the signatory employers of the agreement. What is agreed upon at any level of negotiation will be considered as the conventional norm valid for the signatory and opposite parties to any other existing treaty provision."
"ARTICULO 3o bis.- Approval of the Collective Labour Convention shall be required by the submission of any of the parties that have agreed to it who shall:
(a) To accompany three original and full copies of the agreement, which shall respect the forms laid down in Acts 14,250 and 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 that 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) The Collective Business Labour Conventions in which a trade union association with trade union persons has been involved, which includes the company in its scope, shall not require approval. They will be registered in the Ministry of Labour and Social Security."
ARTICLE 3o ter.- For the purposes of approval, the Ministry of Labour and Security SOCIAL shall take into account whether the Collective Labour Convention contains clauses in violation of the public order rules of Laws 14.250 and 23.928 and whether criteria for productivity, investment, technology incorporation, vocational training systems and the provisions of the current regulations were taken into account."
Art. 2o.- Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. Enrique O. Rodriguez.- Domingo F. Cavallo.