Key Benefits:
VISTO Issue No. 1,011,713/97 of the Register of the Ministry of Labour and Security SOCIAL, in which three (3) agreements concluded with the Province of CORRIENTES, on cooperation in labour inspection, labour relations and social security, and
CONSIDERING:
That unemployment is a serious social problem to which both the Government of the Province of CORRIENTES, and the Government of the Nation, have decided to confront the competition of employers, workers and their respective representative organizations.
That the signatory parties to the above-mentioned agreements are strongly committed to adding efforts to the promotion of economic development, the creation of new productive jobs, and the improvement of working conditions.
That in this line of action it is necessary to promote the reorganization of the entire provincial productive apparatus, facilitate its integration into international markets, strengthen the culture of work and fundamentally raise the level of training of provincial human resources.
In order to help solve the problem of unemployment, it is essential that employers and workers know the opportunities provided by national laws and decrees on labour reform.
It is necessary to disseminate the advantages of the new Act No. 24.467, which puts at the disposal of small enterprises instruments to simplify administrative requirements and to influence the collective bargaining that concerns them, either through the holding of collective labour agreements for the small business, either through the incorporation of a specific chapter within the branch or sector conventions.
That preventive crisis procedures constitute a negotiating body between the company in difficulty and its workers, aimed at cushioning the effects of the crisis and defending viable employment, making it advisable for both jurisdictions to coordinate the processing criteria and to exchange available information.
That the reduction of litigation and the overruns it generates is a goal shared by the signatory parties.
In this regard, the establishment of pre- and compulsory labour reconciliation bodies is an appropriate measure.
That the collection and organization of data on the provincial labour market and on administrative and judicial proceedings that have an impact on that market is particularly useful in adapting employment policy measures.
That the entry of foreign workers into the provincial labour market, and in particular the work of illegal residents in our country, causes serious distortions in terms of employment and unemployment.
That unregistered work and the various forms of labour fraud constitute a serious social problem that violates the fundamental rights of workers, jeopardizes the financing of social benefits and breaks the rules of loyal competition between companies.
That both the Government of the Province and the Government of the Nation have decided to face both problems with the competition of employers, workers and their respective representative organizations.
That the new labour laws and the reduction of the social burdens currently in force, deprive all of their livelihoods and force them to strengthen the tasks of regularizing labour relations.
That the parties are firmly committed to coordinating their efforts and services to achieve such regularization.
That the conclusion of these agreements is aimed at the realization of these common objectives and purposes of the Province and the National Government.
That the Federal System imports the allocation of competence to the federal and provincial jurisdictions, this does not, by the way, imply the subordination of the provincial states to the Central Government, but if coordination of efforts and functions directed to the general common good, task in which both jurisdictions are to collaborate in order to achieve that purpose effectively, without it importing confrontation of powers but joining them, in view of common goals.
That it is a matter of understanding federalism beyond the strict framework of the Formal Constitution, in a manner consistent with its spirit, as a "mode" and a "technical" to address the problems surrounding the division of competences to which it is no longer interpreted as solitary or inconsequent, but as co-coordinated concertables.
That the present act is given in the use of the emerging powers of article 99, paragraph 1 of the NATIONAL CONSTITUTION.
Therefore,
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:
Article 1 - The THREE (3) agreements signed by the then Minister of Labour and Social Security, Don José Armando CARO FIGUEROA, with the former Governor of the Province of CORRIENTES Don Raúl Rolando ROMERO FERIS, through which cooperation in the field of labour inspection, labour relations and social security has been agreed, as Annex I, to be an integral part of the present. Art. 2° - Contact, post, give to the National Directorate of the Official Register and archvese. - MENEM. - Jorge A. Rodriguez. - Antonio E. González. - Carlos V. Corach. NOTE: This Decree is published without Annex I. Unpublished documentation can be consulted at the Central Headquarters of the Official Gazette (Suipacha 767 - Capital Federal).