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Regime Special Of Contract Of Work For The Staff Of Homes Special.

Original Language Title: Régimen Especial de Contrato de Trabajo para el Personal de Casas Particulares.

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Law 26,844

Special Work Contract for the Personal Home Staff. Sanctioned: March 13, 2013. Enacted: April 03, 2013.

The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:


Title I

General Provisions.

ARTICLE 1-Scope of application. This law shall govern in all the territory of the Nation the labor relations that are established with the employees and employed by the work that they provide in the private homes or in the field of family life and that does not amount to the employer Direct economic gain or profit, whatever the number of hours per day or weekly days in which they are employed for such tasks. The arrangements for the contracts covered by the Employment Contract Scheme adopted by law 20,744 (t) are applicable to this scheme. or. 1976) and its amendments, under the conditions laid down therein. The following arrangements are laid down for the provision: (a) workers who perform tasks without retirement for the same employer and reside at the place of residence where they fulfil the same; (b) workers who are to perform tasks with retirement for the same and only (c) Working persons/is to perform tasks with retirement for different employers.

ARTICLE 2 °-Applicability. Work in private homes shall be considered for the provision of services or the execution of cleaning, maintenance or other typical household activities. Personal assistance and assistance provided to members of the family or to those living in the same domicile with the employer, as well as the non-therapeutic care of sick or disabled persons, shall be understood as such.

Article 3 °-Exclusions-Prohibitions. No staff of private homes and in

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the following shall be excluded from the special scheme: (a) Persons hired by legal persons for the performance of the tasks referred to in this Law; (b) Persons who are related to the owner of the house, such as: parents, children, siblings, grandchildren and/or those who are laws or uses; (c) persons carrying out tasks of care and assistance of persons who are sick or disabled, in the case of a provision of services, in the case of a person who is not working with the employer; exclusively therapeutic or for which professional qualifications are required to be counted (d) Persons hired solely for the purpose of driving private vehicles of the family and/or the household; (e) Persons who live in the accommodation with the staff of private homes and who do not provide services of equal nature for the same employer; (f) persons who, in addition to performing household tasks, are required to provide other services other than the private household or household, at any time, in the activities or undertakings of their employer; the existence of a single employment relationship outside the scheme governed by this law is presumed; Persons employed by a consortium of owners under Law 13,512, by country clubs, private neighborhoods or other condominium systems, for the performance of the tasks described in Article 2 of this Law, in the respective functional units.

ARTICLE 4 °-Principles of interpretation and application of the law. Where a question cannot be resolved by application of the rules governing the present system, it shall be decided in accordance with the principles of social justice, the general right of work, equity and good faith.

ARTICLE 5-Family group. Remuneration. If more than one person in the same family is hired to provide services to the same employer, the remuneration must be individually agreed with each of them.

ARTICLE 6-Contract of work. Freedom of forms. Presumption. In the conclusion of the contract of employment for the staff of private houses, the freedom of any form shall be governed by its modality. The contract shall be presumed to be concluded indefinitely.

ARTICLE 7 °-Test period. The contract governed by this law shall be deemed to be proof during the first thirty (30) days of its validity in respect of the staff without withdrawal; and during the first fifteen (15) days of work as long as it does not exceed three (3) months for the personnel with retirement. Any party may terminate the relationship during that period without any expression of cause and without being entitled to compensation on the grounds of extinction. The employer may not hire a single employee/or more than one (1) time using the probationary period.

ARTICLE 8-Professional categories. The professional categories and posts for the staff covered by this scheme shall be initially laid down by the implementing authority until they are established by the National Commission for Work in Particular Houses or by collective labour agreement.

Title II

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The Prohibition of Child Labour and the Protection of Adolescent Work.

ARTICLE 9 °-Persons under sixteen (16) years. Ban on his employment. The recruitment of persons under 16 (16) years is prohibited.

ARTICLE 10. -Work of adolescents. Certificate of physical fitness. Where children under 18 (18) years are recruited, a medical certificate certifying their suitability for the work, as well as the accreditation of the medical examinations, shall be required from the same or their legal representatives. to provide for the respective regulations.

ARTICLE 11. -Working day. The working day of the adolescents between sixteen (16) and eighteen (18) years, will not be able to exceed, under any circumstances, the six (6) daily hours of work and thirty-six (36) hours per week.

ARTICLE 12. -Educational terminality. The recruitment of persons under school age who have not completed their compulsory education shall be prohibited, with the exception of the employer taking charge of the employee/or ending them.

ARTICLE 13. -Prohibition of employment of workers of sixteen (16) and seventeen (17) years. Mode without withdrawal. In no case shall it be possible to hire teenagers who have sixteen (16) or seventeen (17) years in the form provided for in Article 1 (a) of this Law.

Title III

Duties and Rights of the Parties.

ARTICLE 14. -Common rights and duties for staff with and without retirement. The common rights and duties for the modalities, with and without withdrawal, will be: 14.1.-Staff rights. The staff covered by this scheme shall have the following rights: (a) Working days which may not exceed eight (8) hours per day or forty-eight (48) hours per week. An unequal weekly distribution of working hours may be established, as long as no ordinary day exceeds nine (9) hours; b) weekly rest of thirty-five (35) hours run from Saturday to thirteen (13) hours; (c) Clothes and work items to be provided by the employer; (d) Healthy, sufficient food to ensure the perfect nutrition of the staff. This food will comprise: breakfast, lunch, snack and dinner, which in each case must be provided according to the mode of delivery contracted and the length of the day; and) Obligation by the employer to hire in favor of the personal insurance for the risks of the work, as provided for in the specific legislation in the field and as laid down in Article 74 of this Law; (f) In the case of retired staff who are employed for the same employer, the cessation of one day and the beginning of the other day shall be for a pause of not less than 12 (12) hours. 14.2.-Staff Duties. The staff covered by this scheme shall have the following duties:

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(a) comply with the instructions for service given to him; (b) Take care of the things entrusted to his or her supervision and diligence; (c) Observe and reserve in the affairs of the house of which he has knowledge in the performance of his duties; To preserve the inviolability of personal and family secrecy in political, moral, religious and other matters that make the private life and privacy of those living in the house in which they provide services; and) to perform their duties with diligence and collaboration.

ARTICLE 15. -Personnel without withdrawal. Staff who perform under the procedure without withdrawal shall enjoy the following rights: (a) Daily daily rest of nine (9) consecutive hours at least, which may only be interrupted by serious and/or urgent causes which do not admit delay for your attention. In the case of interruption of daily rest, the working hours shall be remunerated with the surcharges provided for in Article 25, and shall entitle the worker to the appropriate compensatory rest; b) daily rest of three (3) hours continuous morning and evening tasks, within which the time required for lunch will be included; (c) Furnished and hygienic accommodation and for the sole purpose of the staff in accordance with the conditions laid down by the application authority or the National Work Commission in Particular Houses. By resolution of the National Commission of Work in Joint Houses or by collective agreement different systems of distribution of breaks and breaks in the working day may be established, while the maximum of weekly work is respected and the minimum daily rest of the night.

Title IV

Documentation of the Employee/or.

ARTICLE 16. -Workbook. All employees covered by the scheme of this law must have a registration document with the characteristics and requirements of the implementing authority, using personal identification cards or other cards. systems that facilitate oversight and allow full access to the rights enshrined in this law.

ARTICLE 17. -Simplified Registration System. Entrusts to the Executive Branch, through the Ministry of Labor, Employment and Social Security and the Federal Administration of Public Revenue (AFIP), an autarquic agency in the field of the Ministry of Economy and Public Finance, the elaboration and organization of a system of simplified registration of the working relationships of private homes.

Title V


ARTICLE 18. -Minimum wage. The minimum wage by type, modality and professional category shall be fixed periodically by the National Commission of Work in Particular Houses (CNTCP), the amount of which must be established for the entire national territory, without prejudice to the best rights to be established by the Collective Labour Convention.

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Until such time as the National Commission of Work in Particular Houses (CNTCP) is established, the minimum wage will be set by the Ministry of Labor, Employment and Social Security of the Nation.

ARTICLE 19. -Place, term and opportunity to pay the remuneration. Payment of remuneration shall be made on working days, at the place of work and during the hours of service: (a) to the staff who are seconded, within the fourth working day of the expiry of each calendar month; paid at daily or hourly, at the end of each day or week as agreed.

ARTICLE 20. -Receipts. Formality. The receipt shall be made in duplicate, with the employer giving one of them with his signature to the employer/or.

ARTICLE 21. -Receipts. Content. The receipt of payment shall contain at least the following statements: (a) Names and surname of the employer, his address and tax identification; (b) Names and surname of the dependent staff and their professional qualifications; (c) All types of remuneration to be paid, with a substantial indication of the way in which it is determined. (d) Gross total of the basic remuneration and other remuneration components. In the work paid to daily or hourly, the number of days or hours worked and the period to which they correspond, with expression also of the total amount paid; e) Detail and amount of the holds that legally or conventionally correspond; (f) Net amount received, expressed in numbers and letters; (g) Constancy of receipt of a copy of the receipt by the dependent staff; (h) Date of entry, task completed or category in which it actually performed during the period of payment; (i) Place and date of actual and effective payment of the remuneration to the employee/or. The Ministry of Labor, Employment and Social Security and the Federal Administration of Public Revenue (AFIP) will produce a mandatory payment model. Payment shall be made in cash. If it is not possible for any other legal provision, the payment must be made by cheque to the order of the employee/or by bank deposit at no cost to the staff. Payment may be made to a relative of the employee/or unable to attend or to another person accredited by an authorization subscribed by the worker/or, the employer being able to demand the certification of the firm. The certification in question may be carried out by administrative or judicial authority of the workplace or police of the place.

ARTICLE 22. -Receipt. Ban on resignations. The receipt shall not contain any renunciations of any kind, nor may it be used to instrument the extinction of the employment relationship or the alteration of the professional qualification to the detriment of the employee/or. Any mention that contravene this provision shall be void.

ARTICLE 23. -Receipt. Validity. Any payment in respect of salary or other form of remuneration shall be made by means of receipt signed by the dependent. Such receipts shall be adjusted in their form and content to the provisions of this law. In cases where you do not know or are unable to sign, individualisation will be sufficient by means of digital printing, but the validity of the act will depend on the

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other evidence elements that demonstrate the effective performance of the payment.

ARTICLE 24. -Signature blank. Prohibition. The signature cannot be awarded blank by the employee, and it is possible to ignore and oppose the content of the act by showing that the declarations inserted in the document are not real.

ARTICLE 25. -Overtime. The employer must pay the staff who will provide services in additional hours a 50% surcharge calculated on the usual salary if they are common days and 100% (100%) on Saturdays after the thirteen hours, on Sundays and holidays.

Title VI

Supplementary Annual Salary.

ARTICLE 26. -Concept. The supplementary annual salary consists of fifty per cent (50%) of the highest monthly remuneration due, for all purposes, within the semesters culminating in the months of June and December of each year.

ARTICLE 27. -Times of payment. The supplementary annual salary will be paid in two (2) instalments; the first of them is the last working day of the month of June and the second the last working day of the month of December each year.

ARTICLE 28. -Extinction of the contract. Proportional payment. Where the termination of the contract of employment for any cause is carried out, the employee/or his/her right-holders shall be entitled to receive the proportional share of the supplementary annual salary due in the respective semester.

Title VII


Chapter I

Of the holidays.

ARTICLE 29. -Ordinary License. The worker/or shall enjoy a period of regular annual leave of leave, in accordance with the normal and normal remuneration of: (a) Fourteen (14) days running when the age of the service is greater than six (6) months and does not exceed five (5) years; (b) Twenty-one (21) days run when the service age exceeds five (5) years and does not exceed 10 (10) years; (c) Twenty-eight (28) days run when the service age exceeds ten (10) years and does not exceed twenty (20) years; (d) Thirty-five (35) days run when the service age exceeds twenty (20) years. To determine the extent of the annual leave on the basis of seniority in employment, it shall be calculated

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as such, which the worker had on 31 December of the year to which they correspond.

ARTICLE 30. -Requirements for your enjoyment. Start of the license. In order to be entitled each year to the period of leave established before, the worker must have provided services for six (6) months of the calendar year or anniversary with the regularity of the daily and weekly time job corresponding to the contracted benefit mode. Failing that, it shall enjoy an annual rest period, in proportion to one day of rest for every twenty (20) days of effective work, which shall be enjoyed in days running. The annual licence shall be granted from a Monday or from the first weekly working day, or the subsequent working day if those are holidays.

ARTICLE 31. -Period of grant. The employer shall be entitled to set the holiday dates by giving notice to the employee or twenty (20) days in advance. The holiday shall be granted between 1 November and 30 March of each year, which may be split at the request of the employee/or for enjoyment at other times of the year, as long as a continuous period of leave of no less than two thirds is guaranteed (2/ 3) which corresponds to it according to its age.

ARTICLE 32. -Remuneration. The remuneration for the holiday period must be met before the start of the holiday period. For the staff without withdrawal and during the holiday period, the room and maintenance benefits of the employer must be replaced by the payment of their equivalent in money, before the beginning of the same, the amount of which will be fixed by the National Commission of Work in Particular Houses (CNTCP) and/or by collective agreement of work, and in no case may be less than thirty percent (30%) of the daily wage received by the employee/or for each day of leave, in the Following cases: (i) When you use it, you decide to use the annual leave of absence from your home. (II) Where the employer decides that during the ordinary annual leave, the employee/or does not stay at the work address.

ARTICLE 33. -Omission of the grant. If the time limit for making the communication to the employee/or the date of commencement of his/her holiday is expired, the employer may not use it, the staff may make use of that right after notification of this and in such a way that the The licence is concluded before 31 May.

Chapter II

Of the accidents and diseases that are not guilty.

ARTICLE 34. -Deadline. Each illness or accident which is not guilty of preventing the provision of the service shall not affect the worker's right to receive remuneration for a period of up to three (3) months per year, if the age of the service is less than five (5) years and six (6) months if older.

ARTICLE 35. -infectious disease. In the case of an infectious disease of the employer, or of the employer or of any member of the living group of any of the parties, who

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in accordance with medical accreditation, the temporary departure of the employee/or of his/her living group in order to avoid risks to the health of the same or the employer or the members of his family group shall be taken necessary to avoid such risks, which will be borne by the employer. This shall not apply where the care of the patient is the subject of the employment of the employee.

ARTICLE 36. -Notice to the employer. The employer shall, except in cases of force majeure, give notice of the illness or accident at fault and of the place in which it is situated, in the course of the first working day in respect of which it is unable to attend services for any of these causes or at the first opportunity that may be possible for you to do so.

ARTICLE 37. -Remuneration. The remuneration to be paid to the employee in these cases shall be settled in accordance with the remuneration at the time of the interruption of the services, plus the increases which during the period of interruption are agreed or are provided for by the the same category, by application of a legal, conventional, decision of the employer or resolution of the National Commission of Work in Particular Houses (CNTCP). In all cases, the worker shall be guaranteed the right to receive her remuneration as if she had not mediated the impediment, due to the time limits provided for in Article 34 of this law.

Chapter III

Of the special licences.

ARTICLE 38. -Classes. The staff covered by this scheme shall enjoy the following special licences: (a) By birth of a child in the case of a male worker, two (2) days in running; (b) maternity in accordance with the provisions of Article 39 of this law; (c) by marriage, ten (10) days running; (d) by death of the spouse or survivor, of children or of parents, three (3) days running; (e) by death of brother, one (1) day; (f) to be examined in primary, middle, tertiary or tertiary education university, two (2) days run per exam, with a maximum of ten (10) days per calendar year. They shall be entitled to the full license provided for in this paragraph, who, at least, provide services in a normal and regular manner for 16 (16) or more weekly hours. In other cases, the licence shall be proportional to the weekly working time of the employee. The licences referred to in points (a), (d) and (e) of this Article shall necessarily be taken into account on a working day, when they coincide with Sunday, holidays or non-working days.

Title VIII

Protection of Maternity and Marriage. Stability.


ARTICLE 39. -Prohibition of working. Preservation of employment. The work of the female staff shall be prohibited for the forty-five (45) days before the delivery and up to 40 and

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five (45) days run after the same. However, the employee may choose to reduce the pre-birth license, which in this case may not be less than thirty (30) days; the remainder of the total period of leave shall be accumulated during the period of rest after the birth. In the case of pre-term birth, any period of leave which has not been enjoyed before delivery shall be accumulated at the subsequent rest, in order to complete the ninety (90) days running. The employee must report her pregnancy to the employer, with the presentation of a medical certificate stating the presumed date of delivery or requiring her to check an employer's doctor. The worker shall retain her employment during the periods indicated and shall enjoy the allowances entrusted to her by the social security systems which shall ensure that she receives a sum equal to the remuneration corresponding to the period of legal licence, all in accordance with the conditions, requirements and other requirements laid down in the respective regulations. The right to stability in employment was guaranteed to every woman during pregnancy. The same shall be the character of the right acquired from the moment when the worker practices the communication referred to in this article. If you are absent from your job for a longer period of time as a result of a disease which, according to medical certification, is linked to pregnancy or childbirth, and you are unable to temporarily resume the period, the Women shall enjoy the licences provided for in Article 34 of this Law.

ARTICLE 40. -Dismissal due to pregnancy. Presumption. It is presumed, unless proof to the contrary, that the dismissal of the working woman is due to maternity or pregnancy reasons, when she is disposed of within the period of seven (7) months and a half (1/ 2) before or after the date of birth, where the woman has complied with her obligation to notify in form the fact of the pregnancy and, where appropriate, that of the birth. In such circumstances, it shall give rise to the payment of compensation equal to that provided for in the following Article. The same presumption shall govern and the same right shall assist the employee in the cases of termination of pregnancy or life without life.

ARTICLE 41. -Special compensation. Maternity. Marriage. Where the dismissal is due to maternity or pregnancy reasons, the employer shall pay compensation equivalent to one (1) year of remuneration which shall be accrued to that established in the case of unfair dismissal. Equal compensation will be paid by the employee/or when she is dismissed because of marriage. The dismissal shall be deemed to be in response to the cause of marriage where the employer is prepared without any invocation of cause or is not proven to be invoked, and the dismissal shall be within three (3) months prior to or six (6) months. after the marriage, provided that it has been notified to the employer of the same to his employer, the notification made before or after the time limits is not valid for such purposes.

Title IX


ARTICLE 42. -Duty to prevent. Deadlines. The contract of employment governed by this law may not be dissolved by the will of one of the parties without prior notice, or in its absence, the payment of an indemnity when the contract is dissolved by the will of the employer, in addition to the one corresponding to the employee/or for their seniority in employment. The notice must be given as follows: (a) by the employee/or ten (10) days; (b) by the employer, ten (10) days when the age in the service is less than one (1) year and

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Thirty (30) days when it is higher.

ARTICLE 43. -Replacement allowance. Amount. Where the employer fails to notice or fails to provide it, it shall pay compensation equivalent to the remuneration which it has paid during the periods referred to in the preceding Article, in the light of the age of the Dismissed staff.

ARTICLE 44. -Deadline. Integration of the month of dismissal. The time limits referred to in Article 42 shall be met from the first day of the month following the notification of the notice. If the employer disputes the dismissal without notice and no later than the last day of the month, the replacement of the notice shall also be integrated with a sum equal to the wages payable up to the the end of the month in which the dismissal occurred.

ARTICLE 45. -License. During the period of notice the staff without withdrawal will enjoy ten (10) weekly paid hours to seek new occupation, which will be awarded in the way that best is committed with the essential of the tasks.

Title X

Termination of the Work Contract.

ARTICLE 46. -Extinction. Assumptions. The contract of employment shall be terminated: (a) By mutual agreement of the parties, the act shall be formalised only and exclusively before the competent judicial or administrative authority. It shall also be considered that the employment relationship has been extinguished by the parties ' concurrent will, if this results from the conclusive and reciprocal conduct of the parties which unequivocally indicates the abandonment of the relationship; (a) the waiver of the dependent, which must be formalised by telegram or letter personally submitted by the staff who resign from their employer or by personal expression made before the administrative or judicial authority of the work. The telegraphic and missives of resignation will be issued by the post offices free of charge, requiring the personal presence of the sender and the justification of their identity; c) By death of the employee/or. In the event of death of the worker, his or her successors in the order and precedence established by the current pension system shall be entitled to receive compensation equal to 50% (50%) of that established in the Article 48. This allowance is separate from that which is recognised as being in the form of other statutory schemes on the basis of the death of the employee. (d) By retirement of the employee/or. In such a case, the provisions of Articles 252 and 253 of the Employment Contract Scheme, adopted by law 20,744 (t), shall apply. or. 1976) and its amendments; e) By death of the employer. Staff shall be entitled to receive 50% (50%) of the allowance provided for in Article 48. Where the provision of services continues for the benefit of relatives, cohabitants or relatives of the deceased for a period of more than thirty (30) days since the death of the deceased, the employment relationship shall be understood as continuing from the precedent, with all legal and conventional effects on all legal and conventional effects acquired in the pre-existing relationship and the remaining working conditions; f) By death of the person whose personal assistance or accompaniment would have motivated the procurement, in which case, the provisions of point (e) of this Article shall apply; Article

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(g) By dismissal provided by the employer without any expression of cause or without justification; (h) By denunciation of the employment contract with a fair cause by the dependent or by the employer, in cases of failure to comply with the obligations arising out of the contract of the same that they configure serious injury that does not consent to the continuation of the relationship; i) For abandonment of work. The abandonment of the work as an act of non-compliance with the employee/or will only be set up after the establishment in arrears by means of an intimation made in the form of a return to the work, by the time they impose the modalities that result in the each case and which may never be less than two (2) working days; (j) permanent and permanent training. Where the termination of the employment contract is due to the physical or mental incapacity to fulfil its obligations, and if it is over-coming to the initiation of the provision of the services, the situation shall be governed by the provisions of the Article 212 of the Labor Contract Regime, approved by law 20,744 (t. or. 1976) and its amendments.

ARTICLE 47. -Obligation to vacate the building. Deadline. In the event of termination of the contract of employment, the staff without withdrawal shall, within a maximum period of five (5) days, unoccupy and deliver in perfect hygiene conditions the room that is granted to him, with the furniture and other elements that he/she is given have been provided. The same obligation shall be for persons who live with such staff and who do not have an employment relationship with the employer.

Title XI

Compensation for seniority.

ARTICLE 48. -Compensation for seniority or dismissal. In the case of dismissal provided by the employer without cause, having or not mediated notice, the employer must pay the employee/or compensation equivalent to one (1) month of salary for each year of service or fraction greater than three (3) months, taking as a basis for the best remuneration, monthly, normal and usual for the last year or during the period of service provision if it is less. In no case shall the compensation be less than one (1) month of salary calculated on the basis of the above.

ARTICLE 49. -Indirect dismissal. In cases where the employee/or report the employment contract with fair cause, she shall be entitled to the compensation provided for in Articles 43, 44 and 48 of this Law.

ARTICLE 50. -Aggravation by absence and/or deficiency in registration. The compensation provided for in Article 48 of this Law, or those which will replace them in the future, will be doubled in the case of an employment relationship which, at the time of dismissal, is not registered or is in a poor way.

Title XII

Court of Labor for the Personal of Private Houses.

Procedural Arrangements.

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ARTICLE 51. -Court of Work for Personal Home Staff. Substitution. Replace in terms of its rules, denomination, competence and functions to the 'Domestic Labour Council' set up by Decree No 7979 of 30 April 1956, by the 'Court of Labour for the Personal Home Staff', which is dependent on the Ministry of Labor, Employment and Social Security of the Nation, which will be the competent body to understand in the conflicts arising from the relations of work governed by this law that have become unwrapped in the area of the Capital Federal.

ARTICLE 52. -Composition. The Court shall be in charge of a President and specialised staff, the number and duties of which shall be determined by the enforcement authority.

ARTICLE 53. -Prior conciliation procedure. A hearing before a conciliator appointed for this purpose, coming from the service which shall be established by the implementing authority, shall be held on a mandatory basis and subject to the application of the application, who shall have a period of 10 (10). working days, counted from the celebration of the hearing, to fulfill its task. The deadline for the dispute settlement has expired, the respective minutes will be worked out, and the way to the Tribunal will be issued. In the case of arrival of the parties to a conciliation agreement, the same shall be submitted for approval by the Court, which shall grant it when it understands that it implies a fair composition of the right and the interests of the parties in accordance with the provided for in Article 15 of the Employment Contract Regime approved by law 20.744 (t.o. 1976) and its amendments. In the event of failure to comply with the approved conciliatory agreement, the judge intervener in his execution, assessing the conduct of the employer, will impose a fine in favor of the worker/or of up to thirty percent (30%) of the amount reconciled, more In addition to the interest which may correspond to the default.

ARTICLE 54. -Procedure. Disputes before the Court shall be dealt with in a verbal and acted manner, without any inexcusable sacramental forms which impede their development, and the parties must necessarily have legal sponsorship. The intervener shall explain to the parties in simple and clear language the rules governing the procedure, which shall be dealt with as follows: (a) The employer may be represented, except for the confessional test, by any The Court of Justice of the European Court of Justice of the European Court of Justice of the European Community The worker may appoint a lawyer by means of a simple act granted before the Court, to exercise his representation in both the judicial and administrative courts; (b) Deduced the application, shall be cited in immediate form for the parties to a hearing in order to arrive at a conciliation solution. In the event that the agreement is not possible, the defendant must answer the application and offer proof that he intends to avail himself, an opportunity in which the worker may also offer or extend the test (c) At all times, the conciliation between the parties must be encouraged, both before and after the receipt of the evidence provided. All the test measures laid down in Law 18.345 shall be admissible, except those which by their nature are misleading the summary of the procedure or are not compatible with the peculiar characteristics of the employment relationship; Court may in any state of the process decree the measures of proof it deems appropriate, to reiterate the conciliatory steps and to remedy any procedural fallacy that it warns, without prejudice to what the judge may be able to resolve intervene on the ground of appeal against the decision final.

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ARTICLE 55. -Resolution. The President of the Court will give the final decision to terminate the application, which may impose or exempt the expired employer, all of which must be notified personally or by the Court. cedula to the parties.

ARTICLE 56. -Appeal. The final decisions referred to in the preceding article shall be appable within the period of six (6) days by means of a well-founded appeal, which shall be filed with the same Court of Work for the Personal Home Office, his position to send the proceedings within three (3) days following the National Chamber of Appeals of the Federal Capital, so that he may have his case before the National Judge of First Instance of the Work that corresponds according to the respective system of drawing and allocation of causes. Appeals that are not founded will be declared deserts without further processing.

ARTICLE 57. -Substantiation and resolution of the appeal. The proceedings are received, the National Judge of First Instance of the Labour who will be drawn will run the grievances to the counterparty for the period of three (3) days, and must also summon the parties to a conciliation hearing. In the event of failure to reach a conciliation solution, prior to the intervention of the Public Prosecutor's Office, it will deliver a judgment within a period of no more than twenty (20) days, unless it has acted on its own initiative to better provide, in which case the above deadline is suspend until the ordered tests are substantiated.

ARTICLE 58. -Determination and execution of debts with Social Security. If by decision or firm judgment it is determined that the employment relationship at the time of the dismissal was not registered or would have been in a deficient manner, or if in any other way it is appreciated that the employer has omitted to enter the the contributions or contributions corresponding to the various systems of social security, the President of the Court or the Registrar of the intervener Court must refer the cars to the Federal Administration of Public Income (AFIP) for the purposes of determining and executing the debt, which for those concepts would have generated. In order to make such a referral effective, it must issue the necessary evidence and certifications to enable the execution procedure to continue until the effective satisfaction of the appropriations paid in conviction. The President of the Court or the Registrar who omitted to act in the manner laid down in this rule shall be in serious breach of his duties as an official and shall, accordingly, be liable for penalties and penalties provided for such cases.

ARTICLE 59. -Process of execution. Competent body. Final decisions, convictions and conciliation agreements shall be enforceable through the National Court of First Instance of the Work which it has prevented or, where appropriate, as a result of which the House has been drawn National of Appeals of Labor of the Federal Capital when the order of execution before the Court of Work for the Personnel of the Joint Houses is formulated, that it will have to send the actions within the period of three (3) days of the (i) the applicant's application.

ARTICLE 60. -Application for supply. Law 18.345 and its amendments will be of application, in all cases as they are consistent with the logic and spirit of this law.

ARTICLE 61. -Gratuitousness. In administrative proceedings, the procedure shall be free of charge and shall be free of charge for the use/or.

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Title XIII

National Work Commission in Particular Houses.

ARTICLE 62. -National Commission of Work in Joint Houses. Integration. The National Commission of Work in Particular Houses (CNTCP) will be the legal body of this legal regime, which will be made up of representatives of the Ministry of Labour, Employment and Social Security, and alternate representatives of the Ministry of Labour. Social development; the Ministry of Economy and Public Finance; employers and workers; the number of which will be set by the implementing authority. The Presidency of the Commission will be in charge of one (1) of the representatives of the Ministry of Labour, Employment and Social Security. In the event of a tie in the respective votes, the president shall have a double vote.

ARTICLE 63. -Headquarters. Assistance. The body shall act and function at the headquarters of the Ministry of Labour, Employment and Social Security, and may be established anywhere in the country where the specific circumstances or functions so require.

ARTICLE 64. -Designation. The members of the National Commission of Work in Particular Houses (CNTCP) will be appointed by the Ministry of Labor, Employment and Social Security. The representatives of employers and employees shall be appointed on a proposal from the most representative bodies of each of them. The representatives of the state agencies shall be appointed on a proposal from the highest authority of each ministry.

ARTICLE 65. -Duration in the duties. The members of the National Commission of Work in Particular Houses (CNTCP) will last two (2) years in their duties, and may be renewed their mandates on a proposal from each sector.

ARTICLE 66. -Legal and technical assistance. The Ministry of Labour, Employment and Social Security will be responsible for the legal and technical assistance necessary for the operation of the National Commission of Work in Particular Houses (CNTCP) for which it will provide a budget. It shall include within the stable organic structure of the Ministry the functions of coordination and assistance corresponding to it.

ARTICLE 67. -Duties and duties. The duties and duties of the National Commission of Work in Particular Houses (CNTCP) will be: (a) Dictating its rules of procedure and organising its operation; (b) Constituting regional advisory committees, issuing their rules of procedure, organising their operation by determining their respective jurisdictions in accordance with the social characteristics, cultural and economic aspects of each area, with its responsibilities for determining salaries, professional categories, working conditions and other benefits provided by the employer; (c) fixing minimum remuneration and establishing the categories of the workers/is to be performed in each type of task, determining its characteristics, special modalities, general working conditions; and for the modality without the distribution of breaks and breaks;

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(d) to lay down rules on the minimum conditions to be met by the employer, in the event of a corresponding adjustment, taking into account the guidelines of this law and the characteristics of each (e) Promote compliance with the rules of hygiene and safety in the work of the staff of the present regime; (f) Interpret and clarify the decisions that are made in compliance with this law, where necessary; national, provincial, municipal or autarquical bodies of the Autonomous City of Buenos Aires, (h) Request from the national, provincial, Autonomous City of Buenos Aires, municipal or autarqual departments, the technical, economic and social studies related to the subject matter of this Law and its (i) to conclude cooperation agreements with public and private entities, both national and international; (j) to carry out training activities, in particular for the benefit of the representations of workers and employers; act in the field of the National Commission of Work in Particular Houses (CNTCP) and for the dissemination of the legislation provided for in this law.

Title XIV

Final and Complementary Provisions.

ARTICLE 68. -Scope. This law shall apply to all national territory, except as provided for in Title XII, except for those provinces which decide to adhere to the procedural regime governed by this law and through the courts. administrative and judicial courts of their respective jurisdictions. Its provisions are of public order and under no circumstances will conditions less favourable than those laid down in the present regime be agreed, which may be improved by the National Commission for Work in Particular Houses (CNTCP) or in the the framework for collective bargaining and the individual contract.

ARTICLE 69. -Prescription. Deadline. They prescribe at two (2) years the actions relating to claims arising from the individual relations of the work referred to in this scheme. This rule is of a public order and cannot be modified by individual or collective conventions or administrative provisions of any kind. The claims brought before the administrative authority of the work shall be interrupted by the course of the prescription, for the entire period of time which the processing in that instance does not add, with the exception of those carried out in the framework of the a conciliation procedure provided for in Article 53 of this law which will suspend the course of the proceedings for the maximum time granted to the acting conciliator to achieve its task.

ARTICLE 70. -Update. Applicable fee. The claims arising from the employment relations governed by this law, in the case of successful actions, shall be maintained as established by the competent court, since each sum is due and up to the date of their actual and total cancellation.

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ARTICLE 71. -Application Authority. Competition. The Ministry of Labor, Employment and Social Security of the Nation shall be the enforcement authority of this law.

ARTICLE 72. -Substitutions. Exclusion. Application. (a) Substitute the text of Article 2 (b) of the Employment Contract Scheme, as approved by law 20.744 (t.o. 1976) and its amendments, which shall be worded as follows: (b) To the staff of private homes, without prejudice to the provisions of this law shall apply in all cases which are compatible and do not object to the nature and manner of the specific arrangements or where they are expressly provided for. (b) Replace the text of Article 2 (2) of Law 24,714 and its amendments which shall be worded as follows:

Article 2-The employees of the Special Employment Contract Scheme for the Personal Homes are included in Article 1 (c), being beneficiaries of the Pregnancy Allowance for Social and Social Protection. Universal allowance for the Child for Social Protection, except for points (a) and (b) of that Article with the exception of the right to the collection of the Maternity Allowance established by Article 6 (e) of this Law. Empower the national executive branch to dictate the relevant rules for the purpose of adapting and extending to the employees of that special statutory regime the other family allowances provided for in this law. Empower the Federal Administration of Public Revenue (AFIP) to establish the corresponding aliquots for the financing of the family allowance for maternity corresponding to the employees of the Special Employment Contract Regime. for Personal Home Staff. (e) Amend the last paragraph of Article 3 (3) of Law 24.714, which shall be worded as follows: The workers who perform in the economy shall be excluded from the benefit provided for in Article 1 (c) (a) informal, which receives a remuneration higher than the minimum, vital and mobile salary. (d) The provisions of laws 24,013 and its amendments, 25.323 and 25.345; and) The employees or employees of the Special Employment Contract Regime for the Personal Homes are not applicable to this regime. included in the Special Regime of Social Security instituted by Title XVIII of Law 25.239. The Federal Administration of Public Revenue (AFIP) has the power to modify the contributions and contributions and social work provided for in Title XVIII of Law 25.239.

ARTICLE 73. -Compensation aggravation. Adequacy. For the purposes of Article 50 and for relations initiated prior to the entry into force of this Law, employers shall enjoy a period of one hundred and eighty (180) days running from that date. the opportunity to regularise the situation of the staff of private homes, which will be fully implemented in the same way as the duplication provided for in the aforementioned article.

ARTICLE 74. -Repair and prevention of work risks. Workers covered by this law shall be incorporated into the rules of laws 24,557 and 26,773 in the manner and conditions laid down by regulation, in order to gradually and progressively achieve the benefits provided for in this legislation. such rules, in the light of the special features of this Statute. The

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The Executive Branch shall determine, where appropriate, the aliquots to be listed by the employers, as well as the other conditions necessary to access the respective benefits.

ARTICLE 75. -Repeal. Repeal Decree 326/56 and its amendments, Decree 7.979/56 and its amendments and Decree 14.785/57.

ARTICLE 76. -Effective. The provisions of this law shall apply to all the industrial relations reached by this regime at the time of its entry into force.


Date of publication: 12/04/2013

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