INSPECTION OF WORK Decree 772/96 Complain to the Ministry of Labour and Social Security the functions of Superintendency and Central Authority throughout the national territory.

Bs. As., 15/7/96

VISTO Laws Numbers 18.692, 18.693, 18.694 and 18.695 and their amendments; and

CONSIDERING:

That a normative text on the INTEGRATED SYSTEM of INSPECTION OF WORK has been agreed upon at the MARCO of the WORKING COUNCIL.

That in it is assigned to the Ministry of Labour and Security SOCIAL the exercise of the functions of superintendence and central authority of Labour Inspection throughout the national territory.

That the high rate of evasion of existing labour obligations and the injustice and disprotection that this situation entails for workers, coupled with the draining of funds for Social Security, urgently need to organize these functions within the scope of the MINISTERY OF WORK and SOCIAL SECURITY.

Moreover, through the dictation of this rule, the ARGENTINA REPUBLIC complies with the commitments made by the Nation in ratifying the International Labour Conventions on Labour Inspection, 1947 (No. 81) ratified by our country in 1954 and on Labour Inspection (Agriculture), 1969 (No. 129) ratified by our country in 1982.

It is up to the Ministry of Labour and Security SOCIAL OF THE PERSONAL AND TECHNICAL MEASURES TO MAKE THE responsibilities assigned to it.

That in order to give uniformity and effectiveness to the sanctions that the Ministry of Labour and Security SOCIAL imponga, proceeds the implementation of the national sanctions regime in the exercise of its superintendence functions.

That the employer who fails to comply with labour standards should not be entitled to access benefits such as filing in public tenders or integrating the list of State suppliers, a record must be made that proves that he does not have outstanding sanctions.

That our constitutional history recognizes doctrinal and jurisprudential backgrounds (C. S.J. N. Fallos 11-405; 23257) in which constitutional governments of various political orientations have resorted to exceptional remedies such as the present, to deal with situations of necessity and urgency as invoked.

That the best doctrine, in the "Manual of the Argentine Constitution" of Joaquín V. Gonzalez teaches that "the executive branch can, in dictating General Regulations or Resolutions, invade the legislative sphere, or in exceptional or urgent cases, believe it necessary to anticipate the sanction of a law." In the same sense, Rafael Bielsa is expressed in his Administrative Law Treaty, 1954, Volume 1, p. 309, Buenos Aires, and in a concordant manner, in his commentary to the reformed text of the NATIONAL CONSTITUTION, Roberto Dromi is manifested in Administrative Law, 1995, Buenos Aires.

That these doctrinal and jurisprudential backgrounds have been expressly accepted by art. 99, paragraph 3, of the NATIONAL CONSTITUTION, following the reform adopted in 1994.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 Join the Ministry of Labour and Security SOCIAL the functions of Superintendency and Central Authority of the Labour Inspectorate throughout the national territory. The provincial authorities will provide the assistance requested by the Superintendency.

In the exercise of such functions, the Ministry of Labour and Social Security:

(a) Ensure that the country ' s different inspection services comply with the rules governing them and, in particular, with the requirements of Labour Inspection Conventions No. 81 and 129 adopted by the International Labour Organization and ratified by our country.

(b) It will coordinate the performance of all the Services, making recommendations and developing improvement plans.

(c) It will execute plans in any part of the national territory which, in general interest, is necessary.

(d) It shall perform the other functions assigned to the central authority by Labour Inspection Conventions No. 81 and 129.

Art. 2o s When a Provincial Labour Inspection Service fails to comply with the requirements of Labour Inspection Conventions No. 81 and 129 of the International Labour Organization or with the proper control of labour regulations, the Ministry of Labour and Security SOCIAL will develop a Reorganization Programme. In the event of an absence of such a programme, the Ministry of Labour and Security SOCIAL may assume the role of Labour Inspectorate in that Province until the reorganization of the Service.

Art. 3o al Fill out the MINISTERY OF WORK AND SECURITY SOCIAL to adjust its budget to meet the costs that demand compliance with the new functions assigned to it by this rule.

Art. 4o El MINISTERY OF WORK AND SECURITY SOCIAL, in the exercise of its functions as Superintendency and the Central Authority of the Nation, shall apply the national laws on sanctions in all cases in which it intervenes.

Art. 5o . In order to access a national public tender or integrate the State Suppliers List, employers must prove that they do not have outstanding labour sanctions, as determined by the regulations.

Art. 6th . Communicate, publish, give to the National Directorate of the Official Register and archvese. . MENEM. . Jorge A. Rodriguez. . José A. Caro Figueroa. . Carlos V. Corach. Susana B. Decibe. . Elijah Jassan. . Domingo F. Cavallo. Guido Di Tella.