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DOMESTIC service domestic law 26.844 regime special service contract of work for the staff of Casas Particulares. Adopted: 13 March 2013. Enacted: April 03, 2013.
The Senate and Chamber of deputies of the nation Argentina gathered in Congress, etc. they attest to the force of law: regime special's contract of work for the staff of homes individuals title I provisions General.
Article 1 °-field of application. The present law governed in all the territory of the nation them relations labour that is engage with them employees and employed by the work that provide in them houses particular or in the field of it life family and that not amount for the employer profit or benefit economic direct, any is the amount of hours daily or of days weekly in that are occupied for such workings. Contracting modalities regulated in the approved work contract scheme by law 20.744 (t. o. 1976) and its modifications, in the conditions laid down there are applicable to the present regime. (Is established the following modalities of provision: to) working / is that provide tasks without removal for a same employer and reside in the domicile where meet them same; (b) workers is providing tasks with removal for the same and single employer; (c) working / is that provide tasks with removal for different employer.
Article 2 ° - applicability. Shall be deemed to work in private homes to any provision of services or carrying out tasks of cleaning, maintenance or other typical household activities. It is understood as such to the personal assistance and support provided to the members of the family or those living in the same domicile with the employer, as well as non-therapeutic care of sick or disabled.
Article 3 ° - exclusion - prohibitions. Private staff shall not be considered and in https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 result shall be excluded from the special scheme: to) persons employed by legal persons to carry out the tasks referred to in this law; (b) persons related to the owner of the House, such as: parents, children, brothers, grandchildren or the deemed the laws or traditions and customs related to some degree of kinship or bond of living machine not working with the employer; (c) persons performing tasks of care and support of people who are sick or disabled, when in the case of a character exclusively therapeutic benefit or for which it is required to have specific professional qualifications; (d) persons hired only for driving private vehicles the family or the House; (e) people living in accommodation with private staff and persons who do not provide services of the same nature to the same employer; (f) persons who in addition to housekeeping nature should provide other services outside the private home or family home, with any regularity, in activities or business of your employer; course in which presumed the existence of a single employment relationship outside the regime regulated by this law; (g) persons employed by consortia of owners as law 13.512, Club de campo, gated communities or other systems of condominium, to carry out the tasks described in article 2 of this law, in the respective functional units.
Article 4 ° - principles of interpretation and application of the law. When a question not can resolve is by application of the standards that regulate the present regime, is will decide according to them principles of the justice social, to them General of the right of the work, the equity and it good faith.
Article 5 °-Group family. Retribution. In case of hire is more than one person of the same family to provide services to them orders of a same employer, the retribution must agree is individually with each one of them.
Article 6 °-contract of work. Freedom of forms. Presumption. In the celebration of the contract of work for the personal of houses particular govern the freedom of forms any is its mode. The contract is presumed concerted by time indeterminate.
Article 7 °-period of testing. Contract regulated by this law shall be held to test during the first thirty (30) days of its entry into force with respect to staff without removal; and during the first fifteen (15) days of work as does not exceed three (3) months for staff with withdrawal. Either party may extinguish the relationship during that period without cause and expression without is entitled to compensation at the time of the extinction. The employer will not hire an employee/or more than one (1) time using the trial period.
Article 8 ° - Professional categories. The occupational categories and jobs for staff covered by the present regime will be set initially by the enforcement authority as long as established by the National Commission of labour in Casas Particulares or by collective agreement.
Title II https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 of the prohibition of child labour and the protection of working adolescents.
Article 9 ° - persons under sixteen (16) years. Prohibition of their use. It is prohibited the recruitment of persons under the age of sixteen (16) years.
ARTICLE 10. -Work of adolescents. Certificate of physical fitness. When employed children under eighteen (18) years must be required of them or their legal representatives a medical certificate attesting to his fitness for the job, as well as the accreditation of the periodic medical examinations including the respective regulations.
ARTICLE 11. -Working day. The working time of adolescents between sixteen (16) and eighteen (18) years, may not exceed, under any circumstances, the six (6) hours a day of work and thirty-six (36) hours per week.
ARTICLE 12. -Educational orientation. Prohibited the hiring of the minors included in school age who have not completed their compulsory instruction, except that the employer charge that the employee/or end them.
ARTICLE 13. -Prohibition of employment of workers of sixteen (16) and seventeen (17) years. Mode without removal. In no case can hire teens who have sixteen (16) or seventeen (17) years in the form provided for by article 1 paragraph to) of this law.
Title III obligations and rights of the parties.
ARTICLE 14. -Rights and common responsibilities for staff with and without retirement. The rights and common duties for modes, with and without removal, will be: 14.1-rights of the staff. The staff understood by this scheme will have the following rights: to) working day not exceeding eight (8) hours a day or forty-eight (48) hours per week. A weekly distributed unevenly in working hours, may be established as a more than nine (9) hours ordinary day; it doesn't matter (b) weekly rest of thirty-five (35) hours runs from Saturday at thirteen (13) hours; (c) clothing and work items that must be provided by the employer; (d) feeding healthy, sufficient and to ensure perfect nutrition staff. This feed will include: breakfast, lunch, snack and dinner, which in each case shall provide on the basis of the contracted delivery modality and the duration of the day; (e) the employer obligation of insurance in favour of the staff against the risks of the job, according to the specific legislation otherwise in the matter and according to the provisions in article 74 of this law; (f) in the case of staff with withdrawal that perform for a same employer, between the end of a day and the beginning of another, must mediate a break of not less than twelve (12) hours. 14.2. duties of the staff. The staff understood in this scheme will have the following duties: https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 to) comply with the operating instructions to be given him; b) take care of things entrusted to their vigilance and diligence; (c) observe whether and reserve in the Affairs of the House who has knowledge in the exercise of their functions; (d) preserve the inviolability of personal and family secrecy in matters political, moral, religious and other issues that make privacy and intimacy of those who live the House in which they provide services; (e) perform their functions with diligence and collaboration.
ARTICLE 15. -Personal without removal. Personnel who perform under the category no withdrawal shall enjoy in addition to the following rights: to) night daily rest of nine (9) consecutive hours at a minimum, that can only be interrupted by serious or urgent causes that do not support delay for your attention. In cases of disruption of daily rest, hours of work shall be paid with the penalties provided for in article 25, and entitles the worker/or to enjoy the relevant compensatory rest; (b) daily rest period of three (3) continuous hours between the morning and evening tasks, period within which shall be understood the time required for lunch; (c) room furnished and hygienic and exclusive destination for staff according to conditions to be determined by the implementing authority or the National Commission of labour in Casas Particulares. By resolution of the National Commission on labour in Casas Particulares or by collective agreement may establish different systems of distribution of pauses and breaks in the working day, insofar as respect for the maximum weekly working hours and the minimum of daily night rest.
Title IV documentation of the used / or.
ARTICLE 16. -Phone book-work. All them employed / you covered in the regime of this law must count with a document registry with them features and requirements that available the authority of application, through the use of cards of identification personal u others systems that facilitate the control and allow an access full to them rights enshrined in this law.
ARTICLE 17. -System of registration simplified. Entrust is to the power Executive, through the Ministry of work, employment and security Social and to the Administration Federal of income public (AFIP) body self-sufficient in the field of the Ministry of economy and finance public, the elaboration and organization of a system of registration simplified of them relations of work of houses particular.
Title V pay.
ARTICLE 18. -Minimum wage. The minimum wage by type, mode and professional category will be periodically established by the National Commission of working in private houses (CNTCP), the amount set for the entire national territory, without prejudice to the best rights established by collective agreement.
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 until constitute the National Commission's work in private houses (CNTCP) salary minimum will be fixed by the Ministry of labour, employment and Social security of the nation.
ARTICLE 19. -Place, time and opportunity of payment of salaries. The payment of salaries must be working days, in the workplace and during the hours of service delivery: to) to mensualizado staff, within the fourth business day of the expiry of each calendar month; (b) to the staff wages or paid per hour, at the end of each day or each week as it was agreed.
ARTICLE 20. -Receipts. Formality. The receipt will be made in double copy, the employer do you delivery of one of them with his signature to the employee and/or.
ARTICLE 21. -Receipts. Content. Receipt of payment must contain as a minimum the following enunciations: to) names and surname of the employer, their address and tax identification; (b) names and surname of the dependent personnel and their professional qualification; (c) all types of remuneration perceived, with substantial indication of the mode for your determination. (d) total gross basic pay and other remuneration components. The work paid wages or per hour, the number of days or hours worked and the period to which correspond, with expression also of the global amount paid; (e) detail and amount of retentions conventionally corresponding legal or; (f) net amount perceived, expressed in numbers and letters; (g) proof of the receipt of a copy of the receipt by the dependent personnel; (h) date of entry, accomplished task or category that effectively served during the period of payment; (i) place and date of the real and effective payment of the remuneration to the employee/o. The Ministry of labour, employment and Social Security and the Federal Administration of public income (AFIP) will make a model of the type of mandatory payment receipt. The payment must be made in cash. Not possible by any contrary legal provision, the payment must be by cheque to the order of the employee/o or by bank deposit without cost to the staff. The payment may be a family member of the employee and/or cannot go or someone accredited by a signed authorization by the worker/or, and may the employer require the certification of the signature. The certification in question can be carried out by administrative or judicial authority of the work or police of the place.
ARTICLE 22. -Receipt. Prohibition of disclaimers. The receipt shall not contain disclaimers of any kind, or may be used to implement the termination of the employment relationship or the alteration of the skill to the detriment of the employee or. any mention that contravenes this provision shall be void.
ARTICLE 23. -Receipt. Validity. All payment in concept of salary or other form of remuneration must be implemented through receipt signed by the clerk. These receipts must comply in form and content to the provisions of this law. In cases in which no majordomo or may not sign, just individualizing by digital printing, but the validity of the Act depends on the https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 remaining elements of proof evidencing the effective realization of the payment.
ARTICLE 24. -Signs in white. Ban. The signature not can be granted in white by the employed / or, and may is ignore and oppose to the content of the Act showing that them statements embedded in the document not are real.
ARTICLE 25. -Hours extra. The employer must pay to the personal that prestare services in hours additional a surcharge of the fifty percent (50%) calculated on the wage usual if is case of days common and of the cent percent (100%) in days Saturday after them thirteen hours, in days Sunday and holidays.
Title VI salary annual complementary.
ARTICLE 26. -Concept. The additional annual salary consists of fifty percent (50%) of the higher monthly remuneration accrued, in every respect, within the semesters that culminate in the months of June and December of each year.
ARTICLE 27. -Times of payment. The additional annual salary will be paid in two instalments (2); the first of them, the last working day of the month of June and the second the last working day of the month of December of each year.
ARTICLE 28. -Termination of the contract. Proportional payment. When operating the extinction of the contract of employment for any reason, the employee/o or its derecho-habientes, will be entitled to receive the proportional part of the annual supplementary salary accrued in the respective semester.
Title VII licensing.
Chapter I of the holidays.
ARTICLE 29. -Regular license. The worker/or will have a period of ordinary annual leave on vacation pay, as the normal and habitual remuneration of: to) (fourteen 14) calendar days when the seniority in the service is greater than six (6) months and not exceeding five (5) years; (b) twenty-one (21) days when running the seniority in the service is greater than five (5) years and not to exceed ten (10) years; (c) twenty-eight (28) days when running the seniority in the service were greater than ten (10) years and not to exceed twenty (20) years; (d) thirty-five (35) calendar days when the seniority in the service is greater than twenty (20) years. To determine the extension of annual leave according to the seniority, be computed as https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 that had the worker/or December 31 of the year to which they relate the same.
ARTICLE 30. -Requirements for your enjoyment. Beginning of the license. To qualify each year to the period of leave established above, the worker/or must have served for six (6) months of the year calendar or respective anniversary with the regularity of the daily time and weekly work corresponding to the contracted delivery mode. Failing that, you will enjoy a period of annual leave, in proportion of a day of rest for every twenty (20) days of effective work, which will be enjoyed in calendar days. Annual leave will be granted from a Monday or the first weekly day of routine work, or the subsequent working if those were holidays.
ARTICLE 31. -Time of granting. The employer shall be entitled to fix the dates of holidays and must give notice to the employee and/or twenty (20) days in advance. Holidays will be awarded between November 1 and March 30 of each year, and may split at the request of the employee/o for your enjoyment at other times of the year, while guaranteeing a period continuous license not less than two-thirds (2/3) of the corresponding according to their age.
ARTICLE 32. -Retribution. The remuneration corresponding to the period of holiday must be satisfied before the start of the same. For the personal without removal and during the period of holiday, them benefits of room and maintenance to cargo of the employer must be replaced by the payment of its equivalent in money, before the start of them same, whose amount will be fixed by the Commission national of work in houses particular (CNTCP) and/or by Convention collective of work, and in no case may be lower to the thirty percent (30%) of the wage daily perceived by the employed / or by (every day license in the following cases: I) when the employee/o, decides to make use of annual leave absenting from work home. (II) where the employer decides that during the regular annual license, the employee or do not remain in the home of work.
ARTICLE 33. -Omission of the provision. If the expired for the communication to the employee or the start date of your holiday, the employer has not practiced it, staff may make use of this reliable notice of this and so right about terminating the license before May 31.
Chapter II of accidents and inculpables diseases.
ARTICLE 34. -Term. Each disease or intachable accident that prevents the provision of the service shall not affect the right of the worker/or receive their remuneration for a period of up to three (3) months per year, if the seniority in the service was under five (5) years and six (6) months if it were greater.
ARTICLE 35. -Communicable disease. In the event of a communicable disease the employee/o, the employer or any member of the Group partner of any of the parties, as https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 medical accreditation, warranting the temporary deviation of the employee and/or or its partner group in order to avoid health risks thereof or of the employer or of the members of his family group appropriate measures to counteract such risks, which shall be borne by the employer is shall take. The hereunder shall not apply when caring for the sick is the subject of the hiring of the employee/o.
ARTICLE 36. -Notice to the employer. The employee/or, except in cases of force majeure, must give notice intachable accident or disease and that is, in the course of the first day of work for which it is unable to attend services for any of these reasons or at the first opportunity that it is possible to do so.
ARTICLE 37. -Remuneration. The remuneration that corresponds to pay to the employee/or, in these cases will be assessed according to which perceived at the time of interruption of services, increases that during the period of interruption shall be agreed or arranged in the same category, by application of a conventional, legal standard, the employer decision or resolution of the National Commission of labour in private homes (CNTCP). In all cases, you will be guaranteed to the worker/or the right to receive their remuneration as if not the impediment, had mediated the deadlines provided for in article 34 of this law.
Chapter III of the licenses special.
ARTICLE 38. -Classes. Staff in this scheme will enjoy the following special licenses pay: a) for birth of son in the case of the male worker, two (2) consecutive days; (b) maternity according to the provisions of article 39 of this law; (c) for marriage, ten (10) calendar days; (d) upon the death of the spouse or partner, children or parents, three (3) calendar days; (e) by death of brother, one (1) day; f) for exam in primary, middle, tertiary or University, two (2) calendar days for review, with a maximum of ten (10) days per calendar year. They have the right to the enjoyment of full license provided in this subsection, who, at a minimum, provide services in a normal and regular way by space of sixteen (16) or more hours per week. In other cases, the license will be proportional to the employee/or weekly working time. In the licences referred to in paragraphs to), d) and e) of this article shall necessarily compute is one business day, when they coincide with Sundays, holidays or not working.
Title VIII protection of motherhood and marriage. Stability.
ARTICLE 39. -Prohibition of work. Job retention. The work of female staff is prohibited during the forty-five (45) days run prior to delivery and up to forty and https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 five (45) days running after it. However the employee may elect so that reduce you the above license to childbirth, which in this case may not be less than thirty (30) calendar days; the rest of the total leave period will accumulate to the postnatal rest period. In the event of birth preterm will accumulate to back rest all lapse of license that has not enjoyed before the birth, in way of completing the ninety (90) calendar days. The employee must reliably communicate her pregnancy to the employer, with presentation of a medical certificate stating the date alleged birth or require your checking a doctor's employer. The worker shall retain her employment during the periods indicated and enjoy assignments that give you social security systems that will ensure the perception of an amount equal to the remuneration corresponding to the period of legal leave, in conformity with the conditions, requirements and other requirements that provide for the respective regulations. Guarantee every woman during pregnancy the right to employment stability. He will have character of right acquired from the moment in which the worker practice the communication referred to in this article. If you spend more time as a result of a disease which, according to medical certification is related to the pregnancy or childbirth and disable it temporarily absent from his work to resume those time periods, women will enjoy the licences provided for in article 34 of this law.
ARTICLE 40. -Dismissal because of pregnancy. Presumption. It is presumed, unless evidence to the contrary, that the dismissal of women workers is due to reasons of maternity or pregnancy, when it was arranged within the period of seven (7) months and half (1/2) preceding or following the date of childbirth, provided the woman complied with its obligation to notify the fact of pregnancy in the form as well as , in his case, the birth. In such conditions, it will result in payment of compensation equal to that provided for in the following article. Equal presumption be governed and identical law will assist the employee in case of interruption of the pregnancy or birth without life.
ARTICLE 41. -Special compensation. Maternity. Marriage. When the dismissal obey to reasons of maternity or pregnancy, the employer shall pay compensation equivalent to one (1) year of remuneration accumulate to that established in the case of dismissal without just cause. Equal compensation are paid the employee/or when it was dismissed for cause of marriage. Shall be deemed the dismissal meets the cause of marriage when it was arranged by the employer without invocation of cause or was not proven which was seeking, and dismissal arises within the previous three (3) months or six (6) months after the marriage, provided that has mediated irrefutable notification thereof to their employer, not being valid for this purpose notification effected with prior or subsequent to the designated deadlines.
Title IX notice.
ARTICLE 42. -Duty of forewarning. 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 failing that, payment of compensation when the contract is dissolved by the will of the employer, besides which corresponds to the employee/or by their seniority. The notice must be given in the next advance: to) by the employee or ten (10) days; (b) by the employer, of ten (10) days when the seniority in the service is less than one (1) year and https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 thirty (30) days when it is superior.
ARTICLE 43. -Alternative compensation. Amount. When the employer omit the notice or granting insufficient you must pay compensation equivalent to the remuneration that any due pay during the periods referred to in the previous article, depending on the seniority of the dismissed staff.
ARTICLE 44. -Term. Integration of the month's dismissal. Them deadlines to is concerns the article 42 will be starting from the first day of the month next to the of the notification of the notice. Where the employer provided the dismissal without notice and in date that not is it of the last day of the month, the compensation replacement of the notice is integrated also with a sum equivalent to them wages that has due pay until the completion of the month in that is produced the dismissal.
ARTICLE 45. -License. During the term of notice the personal without removal will enjoy of ten (10) hours weekly paid for search new occupation, that is be awarded of the mode that best is sympathize with it essential of the tasks.
Title X extinction of the working contract.
ARTICLE 46. -Extinction. Alleged. The contract of employment shall terminate: a) by mutual agreement of the parties, and formalized the Act only and exclusively to the competent judicial or administrative authority. Will be also considered that the employment relationship has been extinguished by concurrent will of the parties, if it is conclusive and reciprocal behavior of them unequivocally indicating the abandonment of the relationship; (b) by waiver of the clerk, who must be formalized by means of telegram or letter document completed personally by waiving your employer personnel or by personal demonstration made before the administrative or judicial authority of the work. Firms Telegraph and letters of resignation will be issued by post offices in charge, requiring the personal presence of the sender and the justification of their identity; (c) by the employee/o death. In case of death of the worker/or their successors in title in the order and priority established by applicable pension laws in force shall be entitled to compensation equivalent to fifty percent (50%) of the established in article 48. This compensation is independent of which being accorded to the successors in title on the basis of other regulatory regimes because of the death of the employee or; (d) by the employee/or retirement. In such case is apply it willing in them articles 252 and 253 of the regime of contract of work, approved by the law 20.744 (t. or. 1976) and their amendments; (e) for death of the employer. Staff shall have the right to receive fifty percent (50%) of the compensation provided for in article 48. When the provision of services continue for the benefit of family members, partners or relatives of the deceased for one period greater than thirty (30) days in a row since the death of this, means that the employment relationship constitutes a continuation of the previous, computing for all legal and conventional purposes the seniority acquired in the pre-existing relationship and the remaining conditions of work; ((f) for the death of the person whose personal assistance or accompaniment had motivated the hiring, in which case, shall apply the provisions of subsection e) of this article;
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 0 g) for dismissal by the employer without expression of cause or justification; (h) by denounces of the contract of work with just cause made by the dependent or by the employer, in them cases of failure of them obligations resulting of the same that configure insult serious that not consents the prosecution of the relationship; (i) for abandonment of work. He abandonment of the work as Act of breach of it employed / or only is set prior Constitution in mora by summons made in form irrefutable to is reinstated to the work, by the term that imposed them modalities that are in each case and that never can understand is lower to two (2) days working; (j) impairment permanent and definitive. When the extinction of the employment contract due to the physical or mental incapacity to comply with their obligations, and to be impending at the commencement of the provision of services, the situation shall be governed by the provisions of article 212 of the regime of work contract, approved by law 20.744 (t. o. 1976) and its amendments.
ARTICLE 47. -Obligation of vacate the property. Term. In the event of termination of the employment contract without removal staff shall, within a maximum of five (5) days, to vacate and deliver room which was granted, with the furniture and other items that had been given in perfect hygienic conditions. The same obligation shall be persons who live together with the staff and not to maintain a working relationship with the employer.
Title XI compensation by seniority.
ARTICLE 48. -Compensation for seniority or dismissal. In cases of dismissal by the employer without cause, having or not mediated notice, it must pay to the employee and/or compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months, on the basis of better pay, monthly, normal and usual accrued last year or during the time of provision of services if this is lower. In any case compensation may be less than one (1) month's salary calculated on the basis of what is expressed in the previous paragraph.
ARTICLE 49. -Constructive dismissal. In cases where the employee/o denunciare contract of employment with just cause will be entitled to the benefit provided for in articles 43, 44 and 48 of this law.
ARTICLE 50. -Worsening by absence or deficiency in registration. The compensation provided for in article 48 of this law, or that in the future replace them, will double when in the case of an employment relationship that was not registered at the time of the dismissal or is so poor.
Title XII Court of work for the staff of Casas Particulares.
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 1 article 51. -Court of work for the staff of Casas Particulares. Replacement. Replaced in terms of its standards, designation, competence and functions to the "Council's working home" created by Decree No. 7979 dated April 30, 1956, by the "Court of work for the staff of Casas Particulares", dependent on the Ministry of labour, employment and Social security of the nation, which is the competent body to understand conflicts arising from labour relations regulated by the present law that have developed in the scope of the Federal Capital.
ARTICLE 52. -Composition. The Court will be headed by a President and specialized staff, whose number and functions will be determined by the authority of this Act.
ARTICLE 53. -Prior conciliation. As a mandatory and prior to the filing of the demand, a hearing will be held before a conciliator appointed to do this, from the service which will establish the implementing authority, who shall have a period of ten (10) days counted from the conclusion of the hearing, working, to meet its mission. The expired unless it had arrived in the settlement of the conflict be worked the corresponding Act, via being expedited before the Court. In case of arriving parties to a conciliation agreement, it will undergo approval of the Court, who shall grant it when you understand that it implies a fair composition of the law and the interests of the parties as provided for in article 15 of the regime of work contract approved by law 20.744 (t.o. 1976) and its amendments. Breach of the settlement agreement approved, the judge intervening in its implementation, evaluating the conduct of the employer, will be assessed a penalty in favor of the worker/or from up to thirty percent (30%) of the reconciled amount, beyond the interests which may be applicable due to the BlackBerry.
ARTICLE 54. -Procedure. Disputes before the Tribunal shall be conducted verbally and acted, shaped without inexcusable sacramental forms that prevent their development, should the parties necessarily have legal sponsorship. The intervening officer explain to parties in simple and clear language the rules governing the procedure, which will be processed in the following way: to) the employer may be represented, except for the confessional test, for anyone over age and by simple act can be granted before the Labour Court for the staff of Casas Particulares. The worker/or may appoint lawyers proxy using simple act can be granted by the Court, exercise its representation both in the administrative and the judicial court; (b) deductible the demand, will be mentioned in immediately to the parties to a hearing in order to arrive at a compromise. If not possible the compromise, in such an event the defendant shall answer filed demand and offer proof that try to avail themselves, opportunity in which also the worker/or concerning may offer or extend the already offered test; (c) in all time must urge is to the conciliation between the parties, both before as after the reception of them tests offered. Will be supported all the measures of test established in the law 18.345, except which by its nature distort the summary of the procedure or not are compatible with them features peculiar of this relationship of employment; (d) the President of the Court may in any State of the process decreeing them measures of test that deems suitable, reiterate steps conciliation and remedy any flaw procedural that warn, without prejudice of what timely can solve the judge that intervene on the occasion of the resource of appeal that is stand against the resolution final.
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 2 Article 55. -Resolution. Received the test and concluded the period probative, the President of the court dictate resolution final that put end to the instance, and may impose or exempt of coasts to the employer expired, all which must notify is personally or by card to them parts.
ARTICLE 56. -Appeal. Definitive resolutions referred to in the preceding article shall be subject to appeal within a period of six (6) days by founded resource, which must be filed with the same Court of work for the staff of Casas Particulares, leaving in charge send actions within three (3) days subsequent to the National Chamber of appeals of the work of the Federal Capital for which is has its filing before the national court of first instance of the work that corresponds according to the respective system of sorting and assignment of causes. Appeals not submitted founded will be declared desert without any further formality.
ARTICLE 57. -Conduct and resolution of the appeal. Received the proceedings, the national court of first instance of the work which appears random run transfer of grievances to the counterpart for the term of three (3) days, should also summon the parties to a conciliation hearing. If not achieved a conciliatory solution, previous intervention of the public prosecutor's Office, it will issue a ruling within a period not to exceed twenty (20) days, unless I had ex officio measures to better supply, in which case the above term shall be suspended until ordered tests are pending.
ARTICLE 58. -Determination and execution of Social Security debts. If by decision or judgment shall be determined that the employment relationship at the time of the dismissal was not registered or had it been so poor, or if otherwise it detects that the employer had failed to enter in the relevant agencies the contributions or the contributions corresponding to the different systems of social security, the President of the Tribunal or the Secretary of the court intervening they send cars to the Federal Administration of public income (AFIP) for the purposes of the determination and execution of the debt that those concepts would have generated. To enforce this remission it shall issue necessary testimony and certifications that allow the continuation of the procedure of execution until the effective satisfaction of credit deferidos in condemnation. The President of the Tribunal or the Secretary who omits to act in the way established in this standard will be in serious breach of his duties as a civil servant, and will be, accordingly, liable to sanctions and penalties laid down for such cases.
ARTICLE 59. -Execution process. Competent body. Them resolutions definitive, them sentences convictions and them agreements conciliation will be executable by intermediate of the judged national of first instance of the work that has prevented or, in its case, that is drawn by it camera national of appeals of the work of it Capital Federal to the formulate is the order of execution before the Court of work for the Personal of houses particular , which shall forward the proceedings within a period of three (3) days of presented the enforceable requirement by the interested party.
ARTICLE 60. -Supplementary application. Law 18.345 and its amendments shall be of supplementary application, in all that agree with the logic and spirit of the Act.
ARTICLE 61. -Free of charge. In administrative proceedings proceedings shall be exempt from all rates and will be free for the employee and/or.
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 3 title XIII Commission national's work in homes special.
ARTICLE 62. -National Commission of work in private homes. Integration. The National Commission of labour in private houses (CNTCP) will be the own of this legal regime regulatory body, which will be made up of titular and deputy representatives of the Ministry of labour, employment and Social Security; of the Ministry of development Social; the Ministry of economy and finance; of employers and of the workers; whose number shall be fixed by the implementing authority. The Presidency of the Committee 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 double vote.
ARTICLE 63. -Headquarters. Assistance. The Agency will act and will operate at headquarters of the Ministry of labour, employment and Social Security, and can be anywhere in the country when circumstances or specific features required to do so.
ARTICLE 64. -Designations. Members of the National Commission of labour in private houses (CNTCP) will be appointed by the Ministry of labour, employment and Social Security. The representatives of employers and workers shall be appointed on the proposal of the most representative of each of these entities. Representatives of the State bodies shall be appointed on the proposal of the highest authority of each Ministry.
ARTICLE 65. -Duration in functions. Members of the National Commission of labour in private houses (CNTCP) last two (2) years in their functions, and may be renewed their mandates on the proposal of each sector.
ARTICLE 66. -Administrative legal and technical assistance. The Ministry of labour, employment and Social Security will be responsible for the legal assistance and administrative technician required for the functioning of the National Commission of labour in private houses (CNTCP) for which will endow it with own annual budget and shall include the functions of coordination and assistance that are within the stable organizational structure of the Ministry.
ARTICLE 67. -Powers and duties. Powers and duties of the National Commission of labour in private houses (CNTCP): to) dictate its rules of procedure and organise its operation; (b) establish regional advisory committees, dictating its rules of procedure, organize its operation by determining their jurisdictions as the social, cultural and economic characteristics of each area, setting its powers in respect of determination of wages, occupational categories, working conditions and other benefits in charge of the employer; (c) fix minimum wages and the categorisation of the workers is that working in each type of task, determining their characteristics, special forms, General conditions of work; and for the mode without removal the distribution of breaks and breaks;
(https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 4 d) to enact rules on minimum conditions that shall comply with food and housing benefits office of the employer, if applicable, taking into consideration the guidelines of this law and the characteristics of each region; (e) promote compliance with hygiene and safety standards in the work of the staff of the present regime; f) interpret and clarify decisions handed down in accordance with this law, if it was necessary; (g) advise the national, provincial, of the city of Buenos Aires, municipal or organizations autarchic that request it; (h) request dealings national, provincial, of the city of Buenos Aires, municipal or autarchic entities, technical, economic and social studies related to the object of the Act and its regulations; (i) conclude agreements of cooperation with public and private entities, both national and international; (j) conduct training activities, in particular, for the benefit of the representations of workers and employers acting in the scope of the National Commission of labour in private houses (CNTCP) and for the dissemination of the rules referred to in this law.
Title XIV final and complementary provisions.
ARTICLE 68. -Reach. This law is mandatory and shall be applicable to all the national territory, with the exception of provisions of title XII, except for those provinces that decide to adhere to the procedural regime regulated by this law and by the typical of their respective jurisdictions administrative and judicial courts. Its provisions are of public order and in any case it may agree on conditions less favourable than those laid down in the present regime, which can be improved by the National Commission of labour in private houses (CNTCP) or in the framework of collective bargaining and the individual contract.
ARTICLE 69. -Prescription. Term. Two (2) years prescribed actions relating to credits from individual labour relations under the present regime. This standard is of public order and may not be modified by individual or collective conventions or administrative arrangements of any kind. Claims promoted to the administrative authority of labour will be interruptive of the course of the prescription, for all the period that appoint the processing in this instance, with the exception of those that are carried out within the framework of the conciliation process provided for in article 53 of this law which shall suspend the course of the same by the maximum time given to the conciliator acting to achieve its.
ARTICLE 70. -Update. Rate applicable. The credits demanded from labour relations governed by this law, in case of prosper tried actions, must keep its value according to the competent court, stated it since each sum is due and up to the date of their effective and total cancellation.
https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 5 article 71. -Implementing authority. Competition. The Ministry of labour, employment and Social security of the nation will be the authority for the application of this law.
ARTICLE 72. -Substitutions. Exclusion. Application. (((to) replace is the text of the subsection b) of the article 2 ° of the regime of contract of work, approved by the law 20.744 (t.o. 1976) and their amended that will be drafted of the following way: b) to the personal of houses private, without prejudice that them provisions of the present law will be of application in all what is compatible and not is oppose to it nature and modalities own of the regime specific or when so is it available expressly. ((b) replace the text of article 2 ° of the law 24.714 and its amendments that will be drafted in the following way: article 2 - maids / I of the special regime of contract of work for the staff of Casas Particulares are included in subparagraph (c)) article 1 °, being beneficiaries of pregnancy for Social protection allowance and the Universal allocation per child for Social protection (((, being excluded of them interjections to) and b) of the cited article with exception of the right to the perception of the assignment by maternity established by the subsection e) of the article 6 ° of the present law. Empower the national executive power to make standards relevant for the purpose of adapting and extending to employees / I of the special statutory regime other family allowances provided for in this Act. Empower the Federal Administration of public income (AFIP) to establish appropriate aliquots for the financing of the family allowance for maternity leave for female employees of the special regime of contract of work for the staff of Casas Particulares. ((e) amend the last paragraph of article 3 of the law 24.714, which shall be drafted in the following way: excluded from the benefit referred to in article 1 subparagraph (c)) of the present workers working in the informal economy, who perceive a higher minimum, vital and mobile wage remuneration. (d) do not apply to the present scheme provisions of law 24.013 and its modifications, 25.323 and 25.345; (e) employees or employees of the special regime of contract of work for the staff of Casas Particulares are included in the Special Social security regime established by title XVIII of the Act 25.239. Empower the Federal Administration of public income (AFIP) to modify contributions and social work and social security contributions provided for in title XVIII of the Act 25.239.
ARTICLE 73. -Increase in compensation. Adequacy. For the purposes of provisions for article 50 and initiated relations prior to the entry into force of this law, employers shall have a period of one hundred and eighty (180) calendar days counted from the opportunity to regularize the situation of the staff of private homes, expired which will be arranged in the abovementioned Article duplication of full implementation.
ARTICLE 74. -Repair and prevention of occupational hazards. The workers is covered by this law will be incorporated into the regime of laws 24.557 and 26.773 in the mode and conditions established through regulatory channels, to achieve gradual and progressively the performances referred to in the said legislation, depending on the particularities of the present Statute. https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 6 Executive shall fix, where appropriate, aliquots that we shall quote to employers, as well as other conditions necessary to access the respective benefits.
ARTICLE 75. -Repeal. Repeal of the Decree-Law 326/56 and its amending, the Decree 7.979/56 and its amending and Decree 14.785/57.
ARTICLE 76. -Entry into force. Provisions of this law shall apply to all industrial relations reached by this regime at the time of its entry into force.
ARTICLE 77. -Communicate is to the power Executive national. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TO THE THIRTEEN DAYS OF THE MONTH OF MARCH OF THE YEAR TWO THOUSAND THIRTEEN. -REGISTERED UNDER NO. 26.844 - JULIAN A. DOMINGUEZ. -BEATRIZ ROJKES DE ALPEROVICH. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 12/04/2013 https://www.boletinoficial.gob.ar/pdf/linkQR/d0RnUS9tdGpFZGRycmZ0RFhoUThyQT09 7
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