Key Benefits:
AGRICULTURAL WORK
Law 26,727
I approved the Agrarian Work Regime. Sanctioned: December 21, 2011 Enacted: December 27, 2011
The Senate and Chamber of Deputies of the Argentine Nation, meeting in Congress, etc., are sanctioned by law:
AGRICULTURAL WORK SCHEME TITLE I GENERAL PROVISIONS
ARTICLE 1-Law applicable. This law shall govern the contract of agricultural work and the rights and obligations of the parties, even if it has been concluded outside the country, provided that it is implemented in the national territory.
ARTICLE 2-Sources of regulation. The contract of agricultural work and the emerging relationship thereof shall be governed by: (a) by this law and the rules which are consequently dictated; (b) by the Law on the Contract of Work 20.744 (t.o. 1976), its amendments and/or supplementary, which shall apply in all that is compatible and does not oppose the system (c) By collective agreements and agreements concluded in accordance with the provisions of laws 14,250 (2004) and 23,546 (2004) and by the law of the Member States with the force of such agreements; of the National Commission of Agricultural Labor (CNTA) and the National Commission of Rural Work still in force; By the will of the parties; and f) By the uses and customs.
ARTICLE 3-Exclusions. This legal regime shall not apply: (a) personnel affected exclusively or principally in industrial, commercial, tourist, transport or service activities, even if they are developed in mixed, agricultural, industrial or agricultural or commercial enterprises or establishments; (b) workers who are employed to carry out tasks outside the field of agriculture; (c) a worker in the domestic service governed by Decree 326/56 or who in the future replaces him, as soon as he is not in charge of attending the staff to carry out agricultural tasks; (d) the administrative staff of the establishments;
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e) To personnel dependent on the national state, the Autonomous City of Buenos Aires, provincial or municipal; f) The worker engaged in harvest and/or fruit packing duties, which shall be governed by law 20,744 (t.o. 1976), its modifications and/or (c) for workers covered by collective bargaining agreements in relation to the agricultural activities covered by the collective bargaining procedure, except in the case referred to in Article 7 (c) of that law; and provided by law 14,250 (t.o. 2004) prior to the entry into force of the National Regime of Labour Agricultural, approved by the de facto law 22,248.
ARTICLE 4-Conditions agreed in collective agreements and agreements. Collective agreements and agreements concluded in the framework of laws 14,250 (t.o. 2004) and 23,546 (t.o. 2004) shall establish their scope of application, both personal and territorial, and their mode of articulation, taking into account the characteristics of the different sectors, branches and geographical areas covered by the agricultural activity.
ARTICLE 5-Agricultural activity. Concept. For the purposes of this law, agricultural activity shall be understood to mean any activity aimed at obtaining fruits or primary products through the carrying out of livestock, agricultural, forestry, horticultural, poultry, apiculture or other The same applies, provided that they have not been subject to any kind of industrial process, as long as they are developed in rural areas.
ARTICLE 6-Rural area. Definition. For the purposes of this Law, the term "rural area" shall mean the area which shall not be occupied by an intensive settlement, nor shall it be effectively divided into apples, suns or lots, preferably intended for residence and in which it is not (a) to develop in a predominant manner activities related to industry, commerce, services and public administration. Only for the purposes of this law shall the qualification of the respective communal authority be dispensed with.
ARTICLE 7-Activities included. The following tasks shall be included in this scheme provided that they are not carried out in industrial establishments and even where they are carried out in urban centres: (a) the handling and storage of cereals, oilseeds, pulses, vegetables, seeds or other fruits or agricultural products; (b) Those to be provided at trade fairs and auctions; and (c) the packaging of fruit and agricultural products of their own.
ARTICLE 8-Public order. Scope. Nullity. All the provisions laid down in this law, in collective agreements and agreements concluded in the framework of laws 14,250 (t.o. 2004) and 23,546 (t.o. 2004), and in the resolutions of the National Commission for Agricultural Work (CNTA) and of the National Commission of Rural Work in force, integrate the public order of work and constitute indisavailable minimums by the parties. Under no circumstances may conditions or forms of work less favourable to the worker than those contained in this law be agreed in collective agreements and agreements concluded in the framework of laws 14,250 (t.o. 2004) and 23,546 (t.o. 2004), and in the resolutions of the National Agricultural Labor Commission (CNTA) and the National Commission of Rural Work in force. These
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Provisions shall be null and void and shall be replaced in full by the provisions of this law and the other rules corresponding to the provisions of this Article. The present regime shall be fully entitled to all national or provincial rules whose content shall be subject to its provisions.
ARTICLE 9-More favourable conditions. Collective agreements and agreements concluded in the framework of laws 14,250 (t.o. 2004) and 23,546 (t.o. 2004) and the resolutions of the National Commission of Agricultural Labour (CNTA), which contain more favourable rules for workers, will be valid and applicable. The legislation referred to in the preceding paragraph, which meets the formal requirements required by law and which would have been duly individualized, shall not be subject to trial in judgment.
ARTICLE 10. -Analog application of the collective agreements and agreements of work and resolutions of the National Commission of Agrarian Work. Their exclusion. The collective labor conventions and the resolutions of the National Agrarian Labor Commission (CNTA) are not subject to extensive or analogue application, but may be considered for the resolution of specific cases according to the worker's activity or task.
TITLE II
OF THE CONTRACT OF AGRICULTURAL LABOUR
IN GENERAL
ARTICLE 11. -Contract of agricultural work. Definition. There shall be a contract of agricultural work, whatever form or denomination, provided that a natural person is obliged to carry out acts, carry out works or provide services in the rural field, by paying a remuneration in favour of another and under his (i) the use of agricultural, livestock, forestry, poultry, beekeeping, horticultural or other similar activities, whether or not it is dependent, whether or not for profit.
ARTICLE 12. -Recruitment, subcontracting and disposal. Solidarity. Those who hire or subcontract with third parties the carrying out of their own works or services of agricultural activities, or give in, in whole or in part, to third parties the establishment or holding which shall be in their name, for the purposes of carrying out such works or services. activities, which do their main or ancillary activities, must require the appropriate compliance with the rules relating to the work and the obligations arising from the social security systems, in all cases jointly and severally responsible for the emerging obligations of the employment relationship and its extinction, any act or stipulation that the effect has concluded. Where they are engaged or subcontracted, whatever act of origin, works, work or services corresponding to the normal and specific activity of the establishment, and within its scope, shall be considered in all cases where the the working relationship of the staff concerned to such recruitment or subcontracting is the main one. The solidarity established in the first subparagraph shall take effect even if the worker directly demans the principal without action against the contractor, subcontractor or transferee. This Article shall not apply to owners who lease land of their ownership which do not constitute production establishments or holdings in the terms of the
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Article 5 of this Law.
ARTICLE 13. -Subordinate or related companies. Solidarity. Provided that one or more undertakings, each having their own legal personality, are under the direction, control or administration of others, or in such a way as to constitute an economic group of any kind, permanent or transitional character, or for the performance of any of the activities provided for in Articles 5 and 7 of this Law, shall be for the purposes of the obligations incurred by each of them with their employees and with the social security bodies, jointly and severally responsible.
ARTICLE 14. -Worker cooperatives. Without prejudice to the powers of the public oversight authority in the cooperative matter, the national labour inspection service shall be empowered to exercise the comptroller of the worker cooperatives for the purposes of verifying compliance with labour standards and social security in relation to workers who are dependent on their service, as well as their partners who are engaged in fraud against the labour law. The latter shall be considered as workers dependent on those who contract, subcontract or give in full or in part works or services which integrate the normal production process and the establishment itself for the purposes of the application of the labour law and social security, and will be responsible to their contractors, subcontractors or transferee for compliance with the rules on labour and social security. If, in the performance of his duties, the labour inspectorate finds that a denaturing of the cooperative figure has been incurred for the purpose of subtracting, in whole or in part, the application of the legislation of the Without prejudice to the exercise of their right to observe infringements of labour standards and to prosecute and sanction them, they shall report that circumstance to the specific authority of public oversight for the purposes of the Article 101 and concordant of the Law of Cooperatives 20.337, and its amendments. Worker cooperatives may not act in the field of this law as workers ' provision for temporary services, nor in any other way to provide services of their own placement agencies.
ARTICLE 15. -Service companies for the provision of temporary workers. Prohibition. It prohibits the performance of temporary service undertakings, placement agencies or any other undertaking which provides workers for the performance of the tasks and activities included in this law and those which in any other way provide own services of the placement agencies.
TITLE III
CONTRACTUAL ARRANGEMENTS
OF AGRICULTURAL WORK
ARTICLE 16. -Contract of permanent agricultural work of continuous supply. The contract of agricultural work shall be deemed to be concluded on a permanent basis and as a continuous provision, except for the cases expressly provided for in this law. It shall not be held for trial for any period and shall be governed by the provisions of Title XII of Law 20,744 (t.o 1976) and its amendments.
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ARTICLE 17. -Contract of temporary work. There shall be a temporary work contract where the employment relationship originates in the needs of the cyclical or seasonal exploitation, or by temporary processes of the agricultural, livestock, forestry or other activities within the scope of this law, as well as those which will be held at trade fairs and auctions. Also included in this category are the contract workers for the performance of occasional, accidental or extra tasks.
ARTICLE 18. -Permanent worker discontinuous. Where a temporary worker is employed by the same employer on more than one occasion in a row, in order to carry out tasks of a cyclical or seasonal nature or other assumptions provided for in the first paragraph of Article 17, considered to all its effects as a discontinuous permanent worker. The latter shall have equal rights as permanent workers adjusted to the discontinuous characteristics of their benefits, except those expressly excluded in this law. The worker shall acquire the rights granted by the seniority in this law to the permanent workers of continuous supply, on the basis of his first employment, if this is in accordance with the permanent needs of the undertaking or the holding.
ARTICLE 19. -Work by family team or crew. The employer or his/her representative and their respective families may take part in the tasks to be carried out on the holdings and integrate the equipment or crews in whole or in part. The same right shall be provided for permanent staff, without prejudice to the legal restrictions on the work of minors, in such cases their family members are included in the provisions of this law. Where the tasks are carried out exclusively by the persons referred to in the first paragraph of this Article, the provisions concerning the formation of minimum equipment or the composition of crews shall not apply. In no case may they be part of the teams, or the crews that are conformed, persons under sixteen (16) years.
ARTICLE 20. -Temporary worker. Substitute holiday allowance. The temporary worker must receive, at the end of the employment relationship, in addition to the proportion of the supplementary annual salary, a replacement allowance of 10% (10%) of the total remuneration for his or her holidays accruals.
ARTICLE 21. -Permanent worker discontinuous. Compensation. Damages and damages. The dismissal without fair cause of the permanent discontinuous worker, pending the expected or foreseeable periods of the cycle or season in which he is providing services, will entitle the worker, in addition to the compensation provided in the Title XII of Law 20.744 (t.o. 1976) and its amendments or those which, in the future, replace them, in the case of damages arising from the common law, which shall be fixed on a direct basis to which it is justified to have suffered those who claim or which, in the absence of a demonstration, the judge or tribunal prudentially establishes, by the single advance break of the contract. The age shall be computed according to the periods actually worked. In the cases of the first paragraph of this Article, if the time that is missing to meet the contract period is equal to or greater than that corresponding to the notice, the recognition of the compensation for damage shall be made up by default. of this, if the amount recognized was also equal or
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higher than the salaries of the same.
ARTICLE 22. -Permanent worker. Minimum compensation for seniority or dismissal. The permanent worker shall in no case be entitled to an amount of less than two (2) months ' pay, on the basis of the best monthly, normal and normal remuneration payable during the last year or during the last year. the service delivery time if it is less.
ARTICLE 23. -Special modalities. The National Agrarian Labour Commission shall lay down the general conditions for the contractual arrangements provided for in this Law, in the collective labour agreements or in the decisions given by it.
TITLE IV
OF THE HOUSE, FOOD
AND MOVE
ARTICLE 24. -Housing. Minimum requirements. The housing provided to the worker must be solid, constructed with suitable materials that guarantee an adequate standard of comfort and habitability, and must meet the following minimum requirements: (a) Conditions of safety, hygiene, shelter and natural light, prevention and sanitation measures relating to health, epidemic or endemic risks according to the area concerned; b) Ambients with specific characteristics consider the type and number of members of the family core, with separation for children of different sex from eight (8) years; c) Cocina-comedor; d) Bedrooms, depending on the number of persons living in it; e) Bath for each family group, equipped with all the elements to meet the basic hygiene needs of the family and which must contain at least: toilet, bidet, shower and sink; and f) Full separation of the places of breeding, keeping or access of animals, and of those in which products of any species will be stored.
ARTICLE 25. -Infrastructure. The National Agrarian Work Commission shall determine the infrastructure conditions to be met by the housing provided to the workers, observing the requirements laid down in the previous article.
ARTICLE 26. -Employer. Specific duties. The employer must implement the necessary actions to ensure that the worker's housing is kept free of weeds around him and that the sources of electrical and fire risks are controlled, as well as the possibility of collapses.
ARTICLE 27. -Food. The feeding of rural workers must be healthy, sufficient, adequate and varied, depending on the geographical area and the activity they develop. Where it is not possible for workers to purchase their food by means of distance or transport difficulties, the employer must provide them under the conditions laid down in Article 39 of this Law.
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ARTICLE 28. -Drinking water. The employer shall provide adequate water for human consumption and use, in sufficient quantity and quality, with this obligation to be provided in the housing of the workers and places intended for the development of the tasks. Any establishment shall have adequate and independent health services for each sex, in sufficient quantity and in proportion to the number of persons employed there.
ARTICLE 29. -Penalties. Failure by the employer of the duties provided for in Articles 24, 26, 27 and 28 of this Regulation shall make it liable for the penalties provided for in the rules in force which penalize infringements of labour law. The obligations under the employer laid down in the provisions referred to above shall not be compensable in money or shall in any event constitute remuneration.
ARTICLE 30. -Transfers. Expenditure. If the worker is hired to reside in the establishment, the employer shall be responsible for the transfer of the employer, his family group and the belongings of all of them, from the place of employment to the contract when he or she is I will begin the relationship and return when the bond is extinguished.
ARTICLE 31. -Obligation to provide transfer. Of course. Where between the place of supply of the tasks and the place of accommodation of the worker is a distance equal to or greater than three (3) kilometres and no means of public transport exist, the employer shall provide the means of mobilisation necessary, which must meet the security requirements to be determined by the rules in force. Rural workers will not be able to be moved in trucks. The vehicles to be used must have been constructed for the transport of persons. In case of being moved in cargo vehicles or in utility vehicles, they will only be able to travel in the places designed for the movement of people. The maximum number of workers who may travel in each vehicle shall be determined by the quantity of fixed seats provided, whichever is the distance.
TITLE V
OF THE REMUNERATION OF THE AGRICULTURAL WORKER
CHAPTER I
Of the remuneration and its payment
ARTICLE 32. -Minimum remuneration. The minimum remuneration will be fixed by the National Agrarian Labor Commission, which will not be lower than the minimum living and mobile salary in force. Your amount will be determined per month, per day and per hour. In the same way, training bonuses will be determined.
ARTICLE 33. -Forms of his determination. The salary will be fixed by time or performance of the work, and in the latter case by unit of work, individual or collective commission, enablement, gratification or participation in the utilities and integrated with prizes in any of its forms or arrangements, in all cases where the worker is paid the supplementary annual salary. The employer may agree to another form of remuneration with the worker, respecting the minimum set.
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Where the salary is determined by the performance of the work, the employer shall be obliged to ensure the right amount of work, in order to permit the collection of wages in such conditions, in response to the removal or reduction of the salary. Unjustified work.
ARTICLE 34. -Minimum remuneration for work performance. Guaranteed minimum wage. The remuneration for the performance of the work shall be determined in the measure of the work carried out, but in no case may it be lower, for a working day and at the normal rate of work, at the minimum remuneration which the National Commission of Agricultural work set for the activity and for that unit of time. In the case of activities for which the remuneration has not been fixed or updated as provided for in this law, the arrangements shall apply in general. The minimum remuneration shall replace that which, by application of the system of performance of the work, may correspond when the worker, being at the employer's disposal and for reasons not attributable to the former, shall not attain that minimum and even if this occurs because of meteorological events which prevent the carrying out of tasks in the intended or usual way.
ARTICLE 35. -Periods of payment. The payment of the remuneration must be carried out in one of the following periods: (a) the worker who is paid at the end of each calendar month; (b) the wage-earning worker per hour, per week or a fortnight; (c) the paid worker for the performance of the work, each week or fortnight, in respect of the work completed in those periods, and a sum proportional to the value of the remainder of the work carried out, with a guarantee that a quantity which may not be greater than the third part of that.
ARTICLE 36. -Place of payment. Employers covered by this scheme shall pay the remuneration through deposits in accounts opened in the name of each worker in banking institutions authorised by the Central Bank of the Republic of Argentina within a the influence of no more than two (2) kilometers in urban areas and ten (10) kilometers in rural areas, and must ensure the benefit of the free service for the worker and the non-imposition of limits on the amounts of the extractions. The worker may require that his remuneration be paid to him in cash rather than in accordance with the system provided for in the first subparagraph. The National Agrarian Labour Commission (CNTA) may, by way of resolution, provide for exceptions to the system of payment of assets provided for when, due to the characteristics of the place of work and the particular conditions of employment, the is burdensome for the worker or for impossible compliance for the employer.
ARTICLE 37. -Prohibition. Prohibit the payment of remuneration by bonds, vouchers, tokens or any kind of paper or currency other than the legal and current course in the country.
ARTICLE 38. -Bonus for seniority. In addition to the remuneration fixed for the category, permanent workers shall receive an allowance of seniority equivalent to: (a) One per cent (1%) of the basic remuneration of their category, for each year of service, when the worker has an age of up to ten (10) years; and (b) one and a half per cent (1.5%) of the basic remuneration of its category for each year of service, where the worker is older than ten (10) years of service.
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The worker who has completed the training courses in relation to the tasks in which he/she is performing must be paid with a special allowance according to the level obtained, which will be determined by the National Commission of Agricultural Labour (CNTA).
CHAPTER II
Prohibition of retention by goods
ARTICLE 39. -Deductions, deductions and compensation. Prohibition. The employer may expend to his or her staff goods, and in no case may he withhold, compensate, discount or deduct from the salary directly the value of the same. For the authorized expendium, the following conditions must be observed: (a) that the acquisition is voluntarily requested by the worker; (b) that the price of the goods produced in the establishment is equal to or less than the current in the zone and that on the same one will be remembered a special bonus to the worker; and c) That the price of the rest of the goods store reasonable relationship, at the discretion of the authority of application of the present law, with the market prices of the nearest town.
TITLE VI
OF THE DAY OF WORK AND THE
WEEKLY REST
CHAPTER I
Of the day
ARTICLE 40. -Determination. Limits. The working day for all staff covered by this scheme may not exceed eight (8) hours per day and 40 and four (44) weekly hours from Monday to Saturday at thirteen (13) hours. The distribution of the daily working hours and their diagramation shall be the exclusive right of the employer, and must respect the corresponding breaks for the feeding and rest of the workers, according to the nature of the exploitation, the uses and local customs, without prejudice to what the National Agrarian Labour Commission (CNTA) can establish. The unequal weekly distribution of working hours shall not be allowed to import the establishment of an ordinary day of more than nine (9) hours.
ARTICLE 41. -Night day. Mixed day. The ordinary working day of integrally night work shall not exceed seven (7) hours per day and not more than forty-two (42) hours per week, meaning that it is fulfilled between twenty (20) hours of one day and five (5) hours of the day next. When alternate hours are alternated with night time, the day will be reduced proportionally in eight (8) minutes for each night worked or the eight (8) minutes will be paid in excess as an extraordinary time.
ARTICLE 42. -Extraordinary hours. Limit. The maximum number of overtime is set at thirty (30) hours per month and two hundred (200) hours per year, without the need for
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prior administrative authorisation and without prejudice to the due respect of the provisions governing working hours, breaks and breaks.
CHAPTER II
From the weekly break
ARTICLE 43. -Prohibition of working. The occupation of the worker shall be prohibited from 13 (13) hours on Saturday to 24 (24) on the following day, except where the objective needs of production or maintenance are required. In such cases, the worker shall enjoy a compensatory rest within seven (7) days. They shall also be exempt from the prohibition laid down in the first paragraph of this Article, those tasks which are normally also to be carried out on Sundays by the nature of the activity or as rotating guards. between the staff of the establishment. In such cases, the employer must give the worker a compensatory break of one (1) day in the course of the following week.
ARTICLE 44. -Better conditions established. The provisions of this law on working time shall not affect the best time conditions agreed by the parties or established in resolutions of the National Agricultural Work Commission (CNTA) or the National Commission for Rural Work. which remained in force.
TITLE VII
OF THE SAFETY AND RISKS AT WORK
ARTICLE 45. -Hygiene and safety. Agricultural work must be carried out in appropriate conditions of hygiene and safety in order to avoid occupational diseases or accidents at work. The employer must observe the breaks and limitations to the duration of the work laid down in this law and other regulatory or complementary rules, and adopt the measures that according to the type of work, the experience and the technique are necessary to protect the psycho-physical integrity and dignity of the workers, and to avoid the pernicious effects of the painful, risky or decisive tasks of old age or premature exhaustion, as well as the derivatives of environments unsanitary or noisy. It shall also be obliged to observe the relevant laws and regulations concerning hygiene and safety at work. The worker may refuse to provide work, without causing loss or reduction of the remuneration, if he is required to do so in breach of such conditions, provided that there is imminent danger of harm or The employer shall not carry out the work or shall not provide the items to be established by the competent body, or if the competent body has declared that the place has not been complied with.
ARTICLE 46. -Security elements. Provision by the employer. The provision of security and personal protective elements shall be the obligation of the employer when, for reasons arising from the operational forms of the work, its use is necessary.
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The same obligation applies to the individual protection elements where, in the case of rain, waterlogged land or other similar situations, the worker shall perform tasks in the open, in accordance with the provisions of the Commission National of Agrarian Work (CNTA). Where the worker is responsible for carrying out tasks which are dangerous to his health, the employer must instruct him on the appropriate forms of work and provide the necessary personal protective elements.
ARTICLE 47. -Cleaning of work clothes. Obligation of the employer. In those tasks that involve the carrying out of processes or manipulation of toxic, irritating or aggressive substances in any of its forms, the cleaning of the contaminated clothes will be in charge of the employer.
ARTICLE 48. -Packaging of toxic substances. Storage. Packaging containing or containing chemical or biological substances must be stored in specially marked places. The treatment of hazardous waste must be carried out in accordance with the regulations in force and the resolutions to which the National Agrarian Work Commission (CNTA) will be in consultation with the competent bodies.
ARTICLE 49. -Conditions. The National Agrarian Work Commission (CNTA) shall establish the conditions of hygiene and safety to be met by the workplaces, machinery, tools and other work items, without prejudice to the provisions of Law 24,557 and its amending and complementary rules, or those which in the future replace it, and the consultation which in this matter must be carried out by the Superintendence of Risks of Work, within the framework of its powers.
TITLE VIII
OF THE LICENIES
CHAPTER I
Of the licences in general
ARTICLE 50. -Application of the licenses of law 20,744 (t.o. 1976) and its modifications. The licences provided for by Law 20.744 (t.o. 1976) and their amendments, without prejudice to those laid down in this Title and prescribed for workers, are applicable to workers covered by this Act. temporaries regarding holidays.
CHAPTER II
Special licences
ARTICLE 51. -maternity leave. Temporary staff. Temporary female staff shall also be entitled to maternity leave, where such leave should commence during the period of effective service provision and, in a feisty manner, the corresponding complaint to the employer. The worker will have stability in her employment during the pregnancy and until the expiration of the maternity leave, and she will enjoy the allowances that the social security systems give her, which will guarantee to the same the perception of a sum equal to the remuneration corresponding to the period of
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(a) a legal licence and a licence which exceeds the actual working time corresponding to the work for which it is contracted, as determined by the rules which are consequently dictated. The infringement of these rights shall require the employer to pay compensation, the amount of which shall be equivalent to the amount of compensation paid by the worker until the end of the licence.
ARTICLE 52. -parental leave. The permanent staff of the service shall be provided with a licence with a maximum of thirty (30) days of paternity, which may be used by the worker in an uninterrupted period of 45 days (45) days. prior to the presumed date of delivery and the twelve (12) months after birth.
CHAPTER III
Of the accidents and of the inculating diseases
ARTICLE 53. -Disease and/or accident. Notice. In the case of an accident or illness, except in cases of force majeure, the worker must give notice to the employer of the disease or accident and the place where he will be in the course of the first two (2) working days. (a) in respect of which I was unable to attend for any of these reasons. As long as you do not do so, you will lose the right to receive the appropriate remuneration, unless the illness or accident and the inability to notify you are unequivocally credited. If the injured or sick worker remains in the establishment, the existence of the notice shall be presumed.
TITLE IX
PROHIBITION OF CHILD LABOUR AND PROTECTION OF ADOLESCENT LABOUR
CHAPTER I
Minimum age for admission to employment or work
ARTICLE 54. -Prohibition of child labour. The work of persons under sixteen (16) years in all their forms, whether or not there is employment relationship, is prohibited, whether or not paid. The inspection of the work shall carry out the duties leading to compliance with that prohibition.
CHAPTER II
Regulation of adolescent work
ARTICLE 55. -Teen work. Persons from sixteen (16) years and up to eighteen (18) years may enter a contract of employment with the consent of their parents, guardians or guardians, as determined by the regulations which are consequently dictated. If the teen lives independently of his parents, the authorization will be presumed.
ARTICLE 56. -Certificate of physical fitness. The employer, when hiring teenage workers, must require the same or its legal representatives, a medical certificate issued by a public health service to credit their fitness for the work, and to submit them to the
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medical journals providing for the respective regulations.
ARTICLE 57. -Certificate of education. The employer, when hiring the adolescent worker, must ask him or his legal representatives for the certificate of education provided for in Article 29 of Law 26.206.
ARTICLE 58. -Work in family business. Persons over 14 years of age and under 16 (16) years of age may be employed on holdings whose holder is their father, mother or guardian, in days not exceeding three (3) hours per day, and 15 (15) hours weekly, provided that they are not difficult, dangerous and/or unhealthy, and that they comply with school attendance. The holding, the holder of which is the parent, mother or guardian of the minor worker seeking to benefit from this derogation at the minimum age of admission to employment, shall obtain the authorization of the administrative authority of each jurisdiction. Where, by any link or act, or by any of the forms of productive decentralisation, the holding whose ownership is of the parent, the mother or the guardian is economically subordinate or is a contractor or supplier of another company, you will not be able to obtain the authorization set out in this rule.
ARTICLE 59. -Day. Night work. The working day planned for the adolescent work must be carried out exclusively in morning or evening hours and may not exceed six (6) hours per day and thirty-two (32) hours per week. The unequal distribution of working hours may not exceed seven (7) hours per day. The working administrative authority of each jurisdiction may extend the duration of the working day up to eight (8) hours per day and up to forty-four (44) hours a week when exceptional reasons justify it, each case that the possible time extension does not affect the right to education of the adolescent worker. Persons under eighteen (18) years of night work shall not be occupied as such in the range of 20 (20) hours and five (5) hours of the following day.
ARTICLE 60. -Prohibition of paying lower wages. For no cause may the adolescent worker be paid lower wages than those laid down for the rest of the agricultural workers, with the exception of the reductions corresponding to the duration of the day.
ARTICLE 61. -Licenses. Workers under eighteen (18) years of age shall be entitled to the benefit of all the licences provided for in Title VIII of this Law, under the conditions laid down therein.
ARTICLE 62. -Prohibition of dangerous, painful and unhealthy jobs. It is prohibited to occupy under 18 (18) years in the work which is a criminal, dangerous or unhealthy character, as determined by the rules and the specific rules on child labour and dangerous adolescents.
ARTICLE 63. -Accident or occupational disease. In the event of an accident at work or occupational disease of a teenage worker, if it is established that his cause is one of the tasks prohibited in his or her respect or carried out under conditions which mean that he is in breach of his requirements, (a) shall be deemed to be for the sole purpose of the accident or the disease as a result of the action or omission of the employer, in accordance with Article 1072 and consistent with the Civil Code, without any proof to the contrary. If the accident or occupational disease is due to the fact that the accident is
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A worker at a work site in which his or her presence is illegal or prohibited, without knowledge of the employer, may prove his or her lack of responsibility.
CHAPTER III
Prevention of child labour. Containment spaces for boys and girls.
ARTICLE 64. -Care and containment spaces. In the case of agricultural holdings, irrespective of the type of recruitment, the employer must provide adequate care and containment spaces to provide care for the child and the child for the duration of the day. work and put the skilled and/or experienced in the care of the child to the front of them. This service will have to take care of the children who have not yet met the school age and also, in turn, those who attend the school until they cover the working day of the adults they are in charge of. The regulations shall lay down the minimum requirements to be met by the children's and girls ' containment spaces, as well as the number of workers from which the employers shall be required to have the obligation laid down in the first subparagraph, taking into account the local and regional particularities and the specific characteristics of the agricultural activity concerned.
TITLE X
THE PROMOTION OF THE EMPLOYMENT OF TEMPORARY WORKERS
CHAPTER I
From the public employment service
for temporary workers
of the agricultural activity
ARTICLE 65. -Creation of the employment service for temporary workers in the agricultural sector. Create the Public Employment Service for Temporary Workers of the Agrarian Activity, which will include all temporary workers who carry out tasks in activities of a cyclical or seasonal nature or those that are due to temporary processes They demand it.
ARTICLE 66. -Mandatory use of the Employment Service for Temporary Workers of Agrarian Activity. The Public Employment Service for Temporary Workers of the Agrarian Activity will be of compulsory use for the employers and will work in the job management and job training of the National Directorate of the Federal Service Employment of the Ministry of Labour, Employment and Social Security. Regulations may derogate from the compulsory use of this service, replace it or provide promotional mechanisms for those who use it.
ARTICLE 67. -Conclusion of conventions. Authorize the Ministry of Labor, Employment and Social Security to conclude agreements with the municipalities to implement the Public Employment Service for Temporary Workers of the Agrarian Activity in the respective municipalities. jurisdictions.
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ARTICLE 68. -Powers of the Ministry of Labour, Employment and Social Security. Empower the Ministry of Labour, Employment and Social Security to lay down the relevant supplementary and clarifying rules.
CHAPTER II
Of the bags of work in charge of the trade union associations
ARTICLE 69. -Work bags. The working bags in charge of the trade union associations of workers with guilds will provide the employers of the necessary personnel for the performance of the temporary tasks in the activities contemplated in this law, in accordance with the resolutions adopted to this effect by the National Commission for Agricultural Work (CNTA). This is without prejudice to the validity of the rules currently providing for the use of labour bags for rural areas in certain activities and jurisdictions.
ARTICLE 70. -Operation of the working bags. The functioning of the work bags referred to in the previous article shall be in accordance with the provisions of this regime, its regulatory standards and the resolutions issued by the National Commission for Agricultural Work (CNTA).
ARTICLE 71. -Designation of eaters. The entities that group employers in the rural sector, with representation in the National Agrarian Work Commission (CNTA), have the power to appoint eaters to the work bags in charge of the trade union associations of workers with Trade union. The National Agrarian Work Commission (CNTA) will establish the way of designation and the functions of the aforementioned eaters.
TITLE XI
OF VOCATIONAL TRAINING AND TRAINING
CHAPTER I
Responsibility of employers
ARTICLE 72. -Right to training. Workers will have the right to be trained with the programmes to be implemented, to further develop their skills and knowledge which tend towards a progressive improvement of the working environment and conditions of work. productive in which they work.
ARTICLE 73. -Specific activities. Training programs. For the purpose of promoting the training and development of personnel, programmes of a general nature shall be developed for each specific activity, which shall be implemented in institutions and/or by means of training defined to the The agreement of the trade union association with the trade union of the activity.
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ARTICLE 74. -Training. Equitable access. All workers must be guaranteed equal access to the training and/or certification of work skills, irrespective of their gender, professional category, geographical location or any other parameter. The training and/or evaluation actions will be carried out in or out of the working hours, according to the characteristics and implementation of those. In the case of being within the working hours, the time during which the workers attend training activities determined by the company will be considered as working time for all purposes.
ARTICLE 75. -Professional qualification. Certification. In the certificate of work provided for in Article 80 of Law 20.744 (t.o. 1976) and its amendments, which the employer is obliged to provide at the time of the termination of the employment relationship, the professional qualification obtained in the or the jobs performed, whether or not the worker has carried out regular training activities.
CHAPTER II
State responsibility
ARTICLE 76. -Vocational training. Training. The National Executive Branch, through the Ministry of Labor, Employment and Social Security, will arbitrate the measures and resources necessary to implement a national policy of intensive technical training of agricultural workers, In view of the nature of the activities, the areas in which they are carried out, the interests of the country's production and development. To this end, the aforementioned ministry will have to promote the programming of training and technical training courses.
ARTICLE 77. -Conventions. Empower the Ministry of Labor, Employment and Social Security to agree with the Ministry of Education, the Ministry of Agriculture, Livestock and Fisheries and technical, state or private educational bodies, agreements to ensure the effective compliance with the objectives set out in this Chapter.
TITLE XII
OF THE SOCIAL SECURITY SYSTEM
ARTICLE 78. -Retirement benefit. Workers falling within the scope of this law shall be entitled to ordinary retirement with fifty-seven (57) years of age, without distinction of sex, as long as they credit twenty-five (25) years of service, with contributions.
ARTICLE 79. -Computation of years of services. Where tasks have been carried out in the rural area and in turn for other purposes of any nature, for the purposes of determining the requirements for the granting of ordinary retirement, a pro rata shall be made on the basis of age limits. and required services for each class of tasks or activities.
ARTICLE 80. -Employers ' contribution. The employer's contribution to the tasks referred to in this law shall be the one governed by the common system-the Argentine Contingency System-,
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increased by two percentage points (2%), starting from the validity of the same.
ARTICLE 81. -Reduction of employer contributions. The employer who contracts temporary and permanent discontinuous workers, will enjoy the term of twenty-four (24) months, a reduction of fifty percent (50%) of his current contributions to the social security system. The conditions to be met for the benefit of this benefit, as well as the subsystems which are the subject of the reduction, will be laid down by the rules. The aforementioned reduction shall not affect the financing of social security, nor the rights conferred on workers by social security schemes. The National Executive Branch, on the basis of the Ministry of Labor, Employment and Social Security forecasts, will adopt the necessary budgetary resources to compensate for or balance the reduction in question. For the only time to extend its validity for an equal period.
ARTICLE 82. -Law Enforcement 24.241. In the case of cases not covered by this Title, the law governs the law 24,241, its complementary and amending.
ARTICLE 83. -Accreditation of rural services. The rural services referred to in this law may be recognized by law, provided prior to their validity, through the establishment of new means of proof and subject to a charge for the contributions omitted, which will be discounted in monthly instalments of the one obtained under this pension scheme.
TITLE XIII
OF THE TRIPARTITE BODIES OF THE AGRICULTURAL LABOUR SYSTEM
CHAPTER I
From the National Commission of Agrarian Work
ARTICLE 84. -National Agrarian Work Commission. Integration. The National Agrarian Labor Commission (CNTA) will be the legal body of this legal regime, which will be composed of two (2) representatives and two (2) alternate members of the Ministry of Labor, Employment and Social Security; one (1) Representative representative and one (1) alternate member of the Ministry of Agriculture, Livestock and Fisheries; one (1) representative representative and one (1) alternate member of the Ministry of Economy and Public Finance; two (2) representatives of the employers and two (2) representatives of the employees, each with their respective alternates. 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 85. -Headquarters. Assistance. The agency shall act and function at the headquarters of the Ministry of Labour, Employment and Social Security, which may be established anywhere in the country when the circumstances that its specific functions require.
ARTICLE 86. -Designation. The members of the National Agrarian Labor Commission (CNTA) will be appointed by the Ministry of Labor, Employment and Social Security.
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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 87. -Duration in the duties. The members of the National Agrarian Labor Commission (CNTA) will last two (2) years in their duties, and their mandates can be renewed on a proposal from each sector.
ARTICLE 88. -Legal and technical assistance. The Ministry of Labour, Employment and Social Security shall be responsible for the legal and technical assistance necessary for the operation of the National Agrarian Work Commission (CNTA), for which it will provide it with an annual budget of its own and include within the stable organic structure of the ministry the functions of coordination and assistance that correspond to it.
ARTICLE 89. -Duties and duties. The duties and duties of the National Agrarian Labor Commission (CNTA) shall be: (a) Dictate its rules of procedure and organise its operation; (b) dictate the regulation and organise the operation of the regional advisory committees, determining their respective jurisdictions in accordance with the ecological, productive (c) Establish the categories of permanent workers to be employed in each type of work, determining their characteristics, special arrangements, general working conditions and setting their remuneration (d) Establish, by observing the guidelines of this law, the modalities special conditions and general working conditions of the various cyclical, seasonal or occasional activities and their respective remuneration, in good time at the beginning of the tasks, taking particular account of the proposals referred by the regional advisory committees. Where it corresponds, it shall determine the remuneration of the supplementary annual salary and holidays; and) to treat the minimum remuneration for those regional activities, when the time limit laid down in the calendar cyclical activities, regional advisory committees have not agreed to them; (f) determine the form of integration of minimum equipment or composition of crews for tasks which are regulated, where necessary; (g) Dictate rules on the minimum conditions to which the power supply shall be adjusted and housing by the employer taking into account the guidelines of this law and the characteristics of each region; (h) Promote compliance with the rules of hygiene and safety in rural work; (i) Clarify the resolutions that are issued In order to comply with this law; j) to advise the national agencies, of the Autonomous City of Buenos Aires, provincial, municipal or autarquics to request it; k) Request of the national repartitions, of the Autonomous City of Buenos Aires, provincial, municipal or autarchic entities, technical, economic and social studies (l) to intervene in collective labour disputes which arise between the parties and to act as an arbitrator when the parties so request;
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(m) To conclude cooperation agreements with public and private entities, both national and international; and to undertake training actions of the social actors that negotiate in the regional advisory committees that are dependent on the same and dissemination of the rules applicable to workers falling within the scope of this law.
ARTICLE 90. -Composition of conflicts. Without prejudice to the competence of the Ministry of Labor, Employment and Social Security, the National Commission of Agrarian Labor (CNTA) will promote the application of mechanisms for the composition of collective conflicts, calling for negotiations in accordance with the principle of in good faith. This principle matters for the parties the following rights and obligations: (a) Concurrency to the negotiations and to the hearings referred to in due form; (b) the conduct of the meetings which are necessary, in the places and with the frequency and periodicity which are appropriate; (c) The appointment of negotiators with (d) the exchange of information needed for the purposes of examining the issues under discussion; e) the implementation of the efforts to achieve agreements which would be necessary for the discussion of the issues at stake; take into account the different circumstances of the case; (f) the obligation to refrain from carrying out the process of negotiation of the conflict, any action by means of which it is intended to ignore or obstruct the consensus reached so far; and g) The obligation to refrain from introducing new topics of debate that would not have been was raised when the conflict negotiation instance was started.
ARTICLE 91. -A very great process. Where a party presents a conduct which does not conform to the duties and obligations laid down in the preceding article, it shall be deemed to have infringed the principle of good faith in the business, with the party affected by the failure to promote judicial action before the competent labor court, by means of the summary procedure established in Art. 498 of the Civil and Commercial Code of the Nation, or equivalent of the Civil Procedural Codes provincial. The competent court shall have an immediate cessation of the infringement of the duty to negotiate in good faith and may, in addition, penalise the defaulting party with a fine of up to 20% (20%) of the total of the the salary mass of the month in which the event takes place, corresponding to the workers in the personal field of the negotiation. If the offending party maintains its attitude, the amount of the penalty will be increased by ten per cent (10 per cent) for every five (5) days of default in abiding by the court decision. In the case of recidivism, the maximum provided for in this paragraph may be raised to the equivalent of one hundred per cent (100%) of those amounts. Without prejudice to this, the judge may, at the request of a party, also apply the provisions of article 666 bis of the Civil Code. When the acts that gave rise to the action brought before the court have ceased, within the time limit which the court decision establishes, the amount of the sanction may be reduced by the judge to fifty percent (50%). All the amounts that will be earned will be the exclusive destination of the Public Employment Service for Temporary Workers of the Agrarian Activity created by this law and the training and dissemination programs of regulations that it will carry out. the National Agrarian Labour Commission (CNTA), in accordance with the powers conferred under Article 89 (n) of the present regime.
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CHAPTER II
Of the regional advisory committees
ARTICLE 92. -Regional advisory committees. Determination. In the areas determined by the National Agrarian Labor Commission (CNTA), regional advisory commissions will be integrated. To this end, the Ministry of Agriculture, Livestock and Fisheries or another public body linked to the matter may be required to give its opinion.
ARTICLE 93. -Place of operation. The regional advisory commissions will operate in the offices of the Regional Delegations of the Ministry of Labor, Employment and Social Security, which the National Agrarian Labor Commission (CNTA) will determine as headquarters. The offices of legal, technical and administrative support shall be provided on a permanent basis and shall be equipped with the necessary personnel to ensure that they function properly.
ARTICLE 94. -Integration. The regional advisory committees shall be integrated as follows: (a) By the national State: two (2) representatives of the Ministry of Labour, Employment and Social Security, of which one shall hold the Presidency; (b) By the employer sector: four (4) representatives of the most representative enterprises or undertakings in the production or activity for which it is constituted; (c) by the working sector: four (4) representatives of the trade union association most representative of the production or activity for which it is constituted.
ARTICLE 95. -Representatives to the regional advisory committees. The representatives of the labor and employer sectors will be appointed by the President of the National Agrarian Labor Commission (CNTA) at the proposal of each of the sectors.
ARTICLE 96. -Representatives of employers and workers. Duration of commands. The National Agrarian Work Commission (CNTA) will establish the duration of the mandates of the representatives of the workers and employers.
ARTICLE 97. -Accreditation of representativeness. The National Agrarian Work Commission (CNTA) will determine the form and mechanisms by which the representativeness in each specific regional production or activity is credited.
ARTICLE 98. -Duties and duties. The tasks and duties of regional advisory committees shall be: (a) Elevate to the National Commission for Agricultural Work (CNTA), for each production, activity or cycle of agriculture and in a timely manner, an opinion for each of the agreements reached or proposals made relating to points (d), (e), (f), (g) and (h) of the Article 89 of this Law; (b) To issue annually to the National Commission of Agrarian Work (CNTA) the calendar of cyclical activities of each production or activity; c) Report to the National Commission on Agrarian Work (CNTA) on the state of (d) to carry out the studies entrusted to it by the National Commission of Agricultural Work
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(CNTA) and those which, in their area, are concerned with tasks already governed or others which it considers necessary to incorporate, by raising the relevant reports; and) to advise the implementing authority or the public bodies. They shall be required by reports, by sending a copy thereof to the National Agrarian Labour Commission (CNTA); and (f) to provide the information and to carry out the actions necessary in accordance with the form and mechanisms to be established to establish the representativeness for each specific regional production or activity.
TITLE XIV
OF THE APPLICATION AND OTHER PROVISIONS
CHAPTER I
Of the implementing authority.
ARTICLE 99. -Application Authority. The Ministry of Labour, Employment and Social Security shall be the implementing authority of this scheme.
CHAPTER II
Additional provisions
ARTICLE 100. -Law of contract of employment. Its application. The provisions of this law are of public order and exclude those contained in the Law of Labor Contract 20.744 (t.o. 1976) and its modifications as regards aspects of the employment relationship referred to in this law, as set out in Article 2.
ARTICLE 101. -Additional provisions. Effective. The stipulations contained in the collective agreements and agreements of work which are in force at the date of enactment of the present, shall remain in full force in all that which does not infringe the provisions of Articles 8 and 9 of the Treaty. this law.
ARTICLE 102. -The validity of the resolutions. The provisions laid down by the National Commission for Agricultural Work (CNTA), the National Commission for Rural Work, or the Ministry of Labour, Employment and Social Security shall remain in force for all purposes as soon as it is not amended. law.
ARTICLE 103. -Antiquity. Recognition. The age of the agricultural workers at the time of the promulgation of this law will be computed for all its effects.
ARTICLE 104. -Amendment of contract of employment. Reaches. Replace the text of Article 2 (c) of the Labour Contract Law 20.744 (t.o. 1976) and its amendments, as follows: (c) To agricultural workers, without prejudice to the provisions of this Law In any case, it must be compatible with the nature and procedures of the Agrarian Working System.
ARTICLE 105. -Amendment of Law 24,013. Incorporation. Replace the text of Article 140 of
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Law 24,013, by the following:
Article 140: All the workers covered by the Law of Labor Contract 20.744 (t.o. 1976) and its modifications, in the Agrarian Work Regime, the National Public Administration and all entities and agencies in which the State National acting as an employer, shall be entitled to receive a remuneration of no less than the minimum, vital and mobile salary to be established in accordance with the provisions of this law.
ARTICLE 106. -Amendment of Law 25.191. Replace and incorporate the articles of law 25.191 below: (a) Replace articles 1, 4 and 7 of Law 25.191, which shall be worded as follows:
Article 1: Mandatory the use of the Agricultural Worker's Book or the document that makes its times throughout the territory of the Argentine Republic for all workers who carry out tasks corresponding to the agricultural activity in the country any of its specialisations, falling within the scope of the Agrarian Work Scheme. It will have the character of a personal, non-transferable and probative document of the employment relationship. In case of doubt about the inclusion or not in the scope of the Agrarian Work Regime of a task or activity, it will be up to the Ministry of Labor, Employment and Social Security to resolve and to determine it.
Article 4: For the purposes of this law, it shall be considered an agricultural worker who carries out the work of the agricultural activity, directed to the production of fruits or primary products through the carrying out of livestock tasks, agricultural, forestry, horticultural, poultry, apiculture or other like, provided that they have not undergone any kind of industrial process, and as long as they are developed in rural areas, with the exceptions and as established by the Special statute establishing the Agrarian Work Regime.
Article 7: Create the National Register of Agricultural Workers and Employers (RENATEA), as an autarchic entity in the jurisdiction of the Ministry of Labor, Employment and Social Security. The RENATEA will absorb the functions and privileges currently held by the National Registry of Rural Workers and Employers (RENATRE), starting with the law that approves the Agrarian Work Regime. Employers and agricultural workers who fall within the scope of the Agrarian Work Scheme, as determined by Article 3 of this Law, must be required to register in the RENATEA. (b) Article 71a is incorporated into law 25.191, which shall be worded as follows:
Article 71a: The staff of the RENATEA shall be governed by the Law of Labor Contract 20.744 (t.o. 1976) and its modifications, and the situation of those who performed for the RENATRE until the entry into force of the law that approves the Agricultural work will be determined by the regulations, guaranteeing the continuity of work of the non-hierarchical personnel in the conditions established in the same. (c) Substitute Article 8 of Law 25.191, which shall be worded as follows:
Article 8: The government and the administration of the RENATEA will be in charge of a director general and
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Deputy general manager who will replace him in case of absence or temporary impediment. Both officials will be appointed by the national executive branch, on a proposal from the Ministry of Labor, Employment and Social Security. (d) Articles 8º and 8b to Law 25.191, which shall be drawn up as follows:
Article 8º: The Ministry of Labour, Employment and Social Security shall appoint a representative and an alternate who shall have the task of supervising and monitoring all accounting, financial and economic operations of the RENATEA and shall have the rights and obligations to be laid down by regulation.
Article 8º: The RENATEA will provide to reflect in its structure the representation of the different social, productive and governmental sectors that integrate and/or relate to the agrarian activity in any of its specializations in all the national territory. For the purpose of fulfilling its aims, it will have a network of regional offices that are technically and functionally dependent on it, constituting its headings in the field of regional delegations and/or job management and training or other training. The Ministry of Labour, Employment and Social Security and the amount of sub-systems it deems necessary for the purpose of achieving the faithful performance of its functions, for which it may conclude agreements with the authorities of the jurisdictions provincial and/or municipal. (e) Substitute Article 9º of Law 25.191, which shall be worded as follows:
Article 9: The Registry shall have an Advisory Board composed of equal numbers of representatives of the employers and workers of the agricultural activity, by representatives of the Ministry of Economy and Public Finance, of the Ministry of Agriculture, Livestock and Fisheries and the Ministry of Science, Technology and Productive Innovation, as well as representatives of other social sectors linked to agricultural activity in any of its specializations, as determined by the Ministry of Labour, Employment and Social Security. (f) Articles 9º bis and 9º b. of Law 25.191 shall be incorporated in the following manner:
Article 9º: The members of the advisory board shall be appointed by the Ministry of Labour, Employment and Social Security on a proposal from the organisations or entities representing the workers, employers and social sectors and on a proposal from the highest authority of the state portfolios that make up the government, in the cases of government representatives. The number of members of the board and the term of their duties shall be laid down in the rules.
Article 9º: The advisory board shall be chaired by the Deputy Director General of the Registry. In case of absence of the same, it shall be chaired by an alternate chairman designated for that purpose by the Director-General. The council will meet with the presence of half plus one of its members and each of them will have one (1) vote. Decisions shall be taken by a simple majority of votes. In case of a tie the president will have double vote. Within the first thirty (30) working days, the advisory board shall issue its rules of procedure. (g) Substitute Articles 10, 11 and 12 of Law 25.191, which shall be drawn up as follows:
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way:
Article 10: To occupy the positions of director general and deputy director general and to integrate the advisory board will govern the requirements established by the National Public Employment Regulation Framework Law 25,164.
Article 11: The National Register of Agricultural Workers and Employers (RENATEA) shall have the following purpose: a) Exorder the Agrarian Work Book and/or document that does its times, free of charge for the worker, proceeding to the distribution and comptroller of the instrument and ensuring its authenticity; b) Centralize the information and coordinate the actions (c) Conform the statistics of all categories, modalities and specializations of agricultural work in the field of the whole country; (d) provide coordination and cooperation between the agricultural workers; Nation with the provinces and the municipalities in the agricultural labor activity; (f) Dictate the internal rules by which the various constituent bodies of the RENATEA will be integrated and governed; (g) to monitor compliance by the Member States of the European Union; workers and employers of the obligations imposed on them by this law. The RENATEA may also develop other work police functions delegated to it by the competent national or provincial bodies.
Article 12: The National Register of Agricultural Workers and Employers (RENATEA) has the following powers: (a) To provide for all the services required by this law, as well as to administer the the resources laid down in the same agreement in accordance with the subject-matter referred to in Article 11 and its operation. It may also set tariffs for the provision of administrative services outside the scope of this law. Administrative expenditure may not exceed 10% (10%) of resources; (b) Open and use for the purposes of the management entrusted, a special account called "National Register of Agricultural Workers and Employers" (RENATEA), to which (c) To invest their availabilities in securities issued by the Nation or in fixed term placements in official financial institutions; (d) Approve their organic structure, administrative and functional, as well as the allocation of its staff and the number and character of its zonal employees; To register and keep records of all persons covered by this rule in accordance with Chapter I, by providing evidence of the submissions made by the obligors; (f) to require the employer to pay the display of their books and other documentation required by the labour law applicable to the activity to the sole verification effect of the compliance with the provisions of the present, in accordance with the regulatory rules laid down in the (g) Article 11. (h) Articles 13a and 13b are incorporated into law 25.191, which shall be worded as follows:
Article 13a: The movable, immovable, credit and funds assets of the RENATRE,
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They are transferred in full, in property and without charge to the RENAATEA, starting from the law that the Agrarian Work Regime approves. The initial patrimony of the RENATEA is constituted by the patrimony of the RENATRE transformed in accordance with the provisions of this standard. The whole of the funds and third-party assets administered by the RENATRE shall be transferred, from the instance indicated in the preceding paragraph, to a special account called the "National Register of Agricultural Workers and Employers" (RENATEA), to be opened at the Banco de la Nación Argentina.
Article 13b: Create an audit committee composed of officials from the Ministry of Labour, Employment and Social Security and the General Trade Union of the Nation (SIGEN), which within sixty (60) days, counted from the enactment of the This law shall issue an accounting technical report of the financial and financial statement of the RENATRE. (i) Substitute Article 16 of Law 25.191, which shall be worded as follows:
Article 16: The Integral System of Benefits for Unemployment, which shall be governed by the provisions laid down in this Chapter. The following benefits shall form part of the unemployment protection: (a) the economic benefit by unemployment; (b) Medical-care benefits in accordance with the provisions of laws 23,660 and its amendments and 23,661; family allowances to be paid by the National Administration for Social Security (ANSES); (d) Computation of the period of benefits for the purposes of the provision of benefits, with the scope of Article 12 (a) and (b) 24.013. (j) Articles 16a, 16b and 16c are incorporated into law 25.191, which shall be drawn up as follows:
Article 16a: The Insurance for Services of Sepelio, for all agricultural workers falling within the scope of this Law, is compulsory.
Article 16b: Employers shall retain an amount equal to one and a half per cent (1,5%) of the total remuneration payable on the basis of the validity of the law approving the Agrarian Work Scheme, depositing the amounts resulting in a special account which will open up the RENATEA to that effect.
Article 16c: The Insurance for Services of Sepelio established by this law shall absorb in full and until its concurrence any other benefit of equal or similar nature that is in force and applicable to the workers agricultural products from any source of legislation. The regulations shall establish the scope of this social benefit.
ARTICLE 107. -Establish that the National Register of Rural Workers and Employers (RENATRE) and the Integral System of Benefits for Unemployment, will henceforth be called the National Register of Agricultural Workers and Employers (RENATEA) and System Integral of Benefits for Unemployment and Service of Sepelio, respectively.
ARTICLE 108. -Application of other laws. The provisions laid down in laws 24.013, 25.013, 25.323 and 25.345 or those in the future shall apply to this scheme.
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replace.
ARTICLE 109. -The Executive Branch shall regulate this law within sixty (60) days of its enactment.
ARTICLE 110. -Contact the National Executive Branch. GIVEN IN THE SESSION HALL OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, AT THE TWENTY-ONE DAY OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26.727-AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -Juan H. Estrada.
Date of publication: 28/12/2011
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09
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