General regime of sanctions for industrial infractions. Amendment. Sanctioned: May 21, 2014 Enacted: May 26, 2014
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
ARTICLE 1-Substitute Article 5 of Chapter 2 of Annex II "General Regime of Sanctions for Labor Infractions" to the Federal Labor Pact, ratified by law 25.212, which shall be worded as follows:
Article 5: Of the penalties: 1. The minor infractions shall be sanctioned according to the following graduation: (a) Receipt, for the first minor offence, according to the background and circumstance of each case, assessed by the authority application administrative. b) Multa of twenty-five percent (25%) to one hundred and fifty percent (150%) of the monthly value of the Minimum, Vital and Mobile Wage in force at the time of the finding of the infringement. 2. Serious infringements shall be punishable by a fine of thirty per cent (30%) to two hundred per cent (200%) of the monthly value of the Minimum, Vital and Mobile Salary in force at the time of the finding of the offence, for each worker concerned. 3. Very serious infractions will be sanctioned with a fine of fifty percent (50%) to two thousand percent (2,000%) of the monthly value of the Minimum, Vital and Mobile Wage in force at the time of the finding of the infringement, for each worker affected. 4. In cases of reoffending in respect of the offences referred to in points (c), (d) and (h) of Article 3, the administrative authority may add to the maximum amounts of the fine a sum not exceeding 10% (10%) of the total of the (a) remuneration which has become established in the establishment in the immediate month preceding that of the finding of the infringement. The penalties provided for in paragraph 3 of this Article for the conduct referred to in Article 4 (f) of this scheme shall apply for each of the workers on the payroll of the establishment or the establishments involved. 5. In the case of reoffending in very serious infringements: (a) The establishment may be closed for a maximum of 10 (10) days, in the meantime, the right of workers to the payment of remuneration shall be maintained. In the case of essential public services, minimum services must be guaranteed. (b) The employer shall be disqualified for one (1) year for public tenders and shall be suspended from the registers of suppliers or insurers of the national and provincial and
the Autonomous City of Buenos Aires.
ARTICLE 2-Substitute Article 8 ° of Chapter 4 "Common Provisions" of Annex II to the Federal Labor Pact, ratified by law 25.212, which shall be worded as follows:
Article 8 °: Obstruction: 1. Obstruction that in any way prevents, disturbs or delays the performance of the administrative authorities of the work will be sanctioned, after intimation, with a fine of one hundred percent (100%) to five thousand percent (5000%) of the monthly value of the Minimum, Vital and Mobile Salary, in force at the time of the finding of the infringement. In cases of particular gravity and contumacia, the administrative authority may add to the maximum amounts of the fine, a sum not exceeding 10% (10%) of the total of the remuneration which has become established in the establishment in the the month immediately preceding that of the finding of the infringement. 2. Without prejudice to the established penalty, the administrative authority of the work may compels the appearance of those who have been duly summoned to a hearing by the aid of the public force, which shall be provided as if deal with a court injunction.
ARTICLE 3 °-Commune to the national executive branch.
GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-ONE DAY OF THE MONTH OF MAY OF THE YEAR TWO THOUSAND FOURTEEN.
-REGISTERED UNDER NO 26,941-
JULIAN A. DOMINGUEZ. -BELOVED BOUDOU. -Lucas Chedrese. -Juan H. Estrada.
Date of publication: 02/06/2014