Read the untranslated law here: https://www.boletinoficial.gob.ar/#!DetalleNorma/10042163/20160703
WORK agrarian work agrarian law 26.727 adopted the regime of agrarian work. Sanctioned: 21 December 2011 promulgated: December 27, 2011 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: regime of work agrarian title I provisions general article 1 - applicable law. This law governed the contract of farm work and the rights and obligations of the parties, even though it has held outside the country, provided that it implements in the national territory.
Article 2. - sources of regulation. Agricultural labor contract and the emerging relationship of the same shall be governed: to) by this law and regulations thus enacted; (b) by the law of contract of work 20.744 (t.o. 1976), its amending and/or supplementary, which shall apply in all that is compatible and does not object to the specific legal regime established in this Act; (c) by the conventions and collective agreements, concluded in accordance with law 14.250 (t.o. 2004) and 23.546 (t.o. 2004), and awards the force of such; (d) by the resolutions of the National Commission of agricultural work (CNTA) and the National Commission on Rural labour still in force; e) by the will of the parties; and (f) by the uses and customs.
Article 3º - exclusions. This legal regime shall not apply: to) staff affected solely or principally to industrial, commercial, tourism, transport or services, activities although they develop in companies or mixed settlements, agrarian - industrial or agrario-comerciales or any other; b) workers who are hired to perform tasks beyond agricultural activity; (c) to the worker of the domestic regulated by Decree 326/56, or which in the future replace it, insofar as it is not any to cater for staff who carried out agricultural tasks; (d) to the administrative staff of the establishments;
(https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 e) the staff of the national State, of the city of Buenos Aires, provincial or municipal; ((f) a worker engaged in tasks of harvest or fruit packing, which shall be governed by the law 20.744 (t.o. 1976), amended or supplementary, except in the case referred to in article 7, subparagraph (c)) of this law; and (g) to workers covered by collective agreements work in relation to the agricultural activities included in the collective bargaining regime envisaged by law 14.250 (t.o. 2004) prior to the entry into force of the national regime of agrarian work, approved by the law of de-facto 22.248.
Article 4. - conditions agreed upon in the conventions and collective labour agreements. Conventions and agreements collectives that they held within the framework of law 14.250 (t.o. 2004) and 23.546 (t.o. 2004), established its personal and territorial scope and its manner of articulation, taking into consideration the characteristics of all sectors, branches and geographical areas comprising the agricultural activity.
Article 5º - agricultural activity. Concept. For the purposes of this law means all agricultural activity that aimed at obtaining fruits or primary products through work livestock, agricultural, forestry, horticulture, poultry, beekeeping or similar, provided that these have not been subjected to any kind of industrial process, insofar as they are developed in rural areas.
Article 6º - rural areas. Definition. For the purposes of this Act, means rural areas that do not tell you with intensive building settlement, nor is effectively divided into apples, lots or batches intended mainly for residence and that not is develop predominantly activities related to the industry, trade, services and public administration. Only for the purposes of this law, it prescindirá qualification which undertake the respective communal authority.
Article 7th - included activities. They will be included in this scheme provided that they are not made in industrial establishments and even if they are developed in urban centers, the following tasks: to) the handling and storage of cereals, oilseeds, legumes, vegetables, nuts, seeds or agricultural products; (b) those that give at fairs and auctions of Treasury; and (c) the packaging of fruits and agricultural products.
Article 8º - public order. Scope. Nullity. All the provisions established in this law, in the conventions and agreements collectives that they held within the framework of law 14.250 (t.o. 2004) and 23.546 (t.o. 2004), and in decisions of the National Commission of agricultural work (CNTA) and the National Commission on Rural labour force, integrate labor enforcement and constitute minimum unavailable by the parties. In no case may agree conditions or working arrangements less favourable to the employee than those contained in this Act, in the conventions and agreements collectives that they held within the framework of law 14.250 (t.o. 2004) and 23.546 (t.o. 2004), and in decisions of the National Commission of agricultural work (CNTA) and the National Commission on Rural labour force. These https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 provisions shall be null and void and will be replaced in full by the provisions of this law and other rules that fishing according to the provisions of this article. The present regime prevails full-fledged on all national and provincial laws whose content was contesting its provisions.
Article 9º - most favorable conditions. Conventions and agreements collectives that they held within the framework of law 14.250 (t.o. 2004) and 23.546 (t.o. 2004) and resolutions of the National Commission of agricultural work (CNTA), which contain rules more favourable to the workers shall be valid and applicable. With the rules referred to in the preceding paragraph, that meets the formal requirements of the law and would have been properly individualized, is not subject to proof at trial.
ARTICLE 10. -Analog implementation of conventions and collective agreements of work and decisions of the National Commission for agricultural work. Their exclusion. The collective labour agreements and the resolutions of the National Commission of agricultural work (CNTA) are not capable of extensive or analog application, but may be taken into consideration for the resolution of specific cases according to the activity or task of the worker.
TITLE II OF THE AGRARIAN LABOUR AGREEMENT IN GENERAL ARTICLE 11. -Agrarian labor contract. Definition. There will be agricultural work contract, somebody either its form or denomination, provided that an individual requires to perform acts, execute works or provide services in rural areas, through the payment of remuneration in favour of another and under its dependence, pursue it or not for-profit for the realization of tasks of the agricultural activity in any of their specializations such as the agricultural, livestock, forestry, poultry, beekeeping, horticulture or other similar.
ARTICLE 12. -Recruitment, subcontracting and assignment. Solidarity. Those who hire or subcontract with third parties carrying out works or services of agricultural activities cedan, wholly or partly to third parties the establishment or operation that finds to his name, for the realization of these activities, to their main or ancillary, activity they should require those adequate compliance with labour standards and the obligations of the social security systems being in all cases jointly and severally responsible for the obligations of the employment relationship and its extinction, any act or provision which in effect have been concluded. When you hire or subcontract, whatever the Act that give origin, works, work or services corresponding to the normal and specific activity own settlement, and within its scope, shall be considered in all cases that the working relationship of the staff affected to such contracting or subcontracting is made with the main. The solidarity referred to in the first subparagraph shall have effect even if worker demands directly to the principal without acting against the contractor, subcontractor or assignee. Not this article will apply to those owners that give on lease land in its ownership which does not constitute establishments or productive farms, under the terms of the https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 article 5 of this law.
ARTICLE 13. -Subordinate or related companies. Solidarity. Whenever one or more companies, although each of them had its own legal personality, they were under the direction, control, or management of others, or related thereby constituting a group of any nature, either permanent or transient, or to carry out any of the activities provided for in articles 5 and 7 of the present law they will be, for the purposes of the obligations assumed by each of them with its workers and the social security agencies, jointly and severally responsible.
ARTICLE 14. -Work cooperatives. Without prejudice to the powers of the authority of public control in cooperative matters, the national labour inspection service is enabled for the controller of the cooperatives work for the purpose of verifying compliance with labour standards and social security in relation to dependent workers at your service, as well as members of her desempeñaren in fraud to the labour law. The latter will be considered dependent workers of those hired, subcontract or cedieren totally or partially works or services that integrate the production process normal and typical of the establishment for the purposes of the application of labour law and social security and be responsible with their contractors, subcontractors, or assignees of the compliance with standards relating to labour and social security. If in the exercise of their functions of labour inspection services, you find that it has engaged in a denaturing of the cooperative figure in order to evade, wholly or partly, to the implementation of the labour legislation, without prejudice to the exercise of its power to verify violations of labour standards and proceed to prosecution and punishment , must report this fact to the specific authority of public control for the purposes of article 101 and matching of the 20.337 law of cooperatives, and its amendments. Labor cooperatives may not act in the scope of the present law as provision of workers for temporary services companies, nor in any other way provide services of employment agencies.
ARTICLE 15. -Services for the provision of temporary workers companies. Ban. Prohibits the performance of companies in temporary services, employment agencies, or any other company that provides workers to carry out the tasks and activities included in this law and those that otherwise provide services of employment agencies.
TITLE III CONTRACTUAL ARRANGEMENTS OF THE AGRARIAN WORK ARTICLE 16. -Permanent agrarian work of continuous delivery contract. Agricultural labor contract shall be held permanently and as for continuous delivery, unless the cases expressly provided for in this law. You will not be held to test for any period and extinction will be governed by the provisions of title XII of law 20.744 (1976 t.o) and its amendments.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 article 17. -Temporary employment contract. There will be a contract for acting work when the employment relationship arises in needs of the exploitation of a cyclic or seasonal nature, or by temporary processes of agricultural, livestock, forestry activity or remaining covered activities within the scope of application of this law, as well as also, which is made at fairs and auctions of Treasury. Workers hired to perform occasional, incidental or supplementary tasks are also included in this category.
ARTICLE 18. -Discontinuous permanent worker. When a temporary worker is hired by a same employer more than once consecutively, for the accomplishment of tasks of a cyclic or seasonal nature or other cases provided for in the first paragraph of article 17, be considered in all its effects as a discontinuous permanent worker. This will have the same rights as permanent workers adjusted to staple features of its services, except those expressly excluded under this Act. The worker to acquire the rights to grant seniority in this law permanent workers continuous delivery, starting from your first contract, if this answer also permanent needs of the company or exploitation.
ARTICLE 19. -Work team or family gang. The employer or his representative and their families can take part in tasks that develop on farms and integrate totally or partially teams or gangs. Equal right to assist permanent staff without prejudice to the legal restrictions on child labor, being in such so-called relatives included in the provisions of this law. When tasks are carried out by persons referred to in the first paragraph of this article, will not govern the provisions relating to minimum equipment formation or composition of crews. In no event may be part of teams or gangs which conform, persons under the age of sixteen (16) years.
ARTICLE 20. -Temporary worker. Substitute holiday compensation. The temporary worker must receive at the end of the employment relationship, as well as the proportion of the additional annual salary, vacation replacement compensation equivalent to ten per cent (10%) of total accrued earnings.
ARTICLE 21. -Discontinuous permanent worker. Compensation. Damage and damages. The dismissal without just cause of discontinuous permanent worker, pending deadlines foreseen or foreseeable cycle or season in which is providing services, will give right to the worker, in addition to the indemnities provided for in Title XII of the Act 20.744 (t.o. 1976) and its modifications or which in the future replace them, the damage and from the common law damages which will be set in direct function which justifies having been alleged by who or which, in the absence of demonstration, set the judge or court cautiously, by the single early rupture of the contract. Seniority shall be calculated according to the periods actually worked. In the case of the first paragraph of this article, if the time which fails to meet the deadline of the contract is equal or superior to that corresponds to the previous notice, the recognition of compensation for damage will supply that corresponds by default, if the amount recognized is also https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 higher than the wages of the same or equal.
ARTICLE 22. -Permanent worker. Minimum compensation for seniority or dismissal. The permanent worker any entitlement as compensation by age or dismissal an amount of less than two (2) months of salary, taking as a basis the best monthly, normal and usual remuneration accrued last year or during the time of provision of services if this is lower.
ARTICLE 23. -Special arrangements. The National Commission for agricultural work set the general terms and conditions of the contractual arrangements provided for in the present law, collective labour agreements or decisions rendered by it.
TITLE IV OF THE HOUSING, FEEDING AND MOVING ARTICLE 24. -Housing. Minimum requirements. Housing that is provided to the worker shall be solid, built with materials that guarantee a proper standard of comfort and livability, and must meet the following minimum requirements: to) conditions of safety, hygiene, shelter and natural light, and must ensure prevention and sanitation measures relating to health, epidemic or endemic risks according to the area concerned; (b) environments with specific features that consider the type and the number of members of the family nucleus, with clearance for opposite-sex children over the age of eight (8); (c) kitchen; (d) bedrooms, depending on the amount of people that inhabit it; (e) bathroom for each family group, equipped with all the elements to meet basic family hygiene needs and you must at a minimum contain: toilet, bidet, shower and washbasin. and (f) complete separation of places raising, guard or access of animals and those that are store products of any kind.
ARTICLE 25. -Infrastructure. The National Commission of agricultural work will determine infrastructure conditions which shall respect dwellings which are provided to workers, observing the requirements laid down in the preceding article.
ARTICLE 26. -Employer. Specific duties. The employer must implement the necessary actions to worker's dwelling is kept free of weeds to your around, and sources of electrical hazards and fires, as well as the possibility of landslides are controlled.
ARTICLE 27. -Power. The power of rural workers must be healthy, sufficient, adequate and varied, depending on the geographic area and the activity to develop. When not possible workers acquire their food by the distance and transport difficulties, the employer must provide them in the conditions laid down in article 39 of this law.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 article 28. -Drinking water. The employer must supply water suitable for human use, in quantity and quality, achieving this obligation to his provision in the homes of workers and places provided for the development of the tasks and consumption. All accommodation shall have adequate and independent health services for each sex, in quantities adequate and proportional to the number of people who work there.
ARTICLE 29. -Penalties. The breach by the employer of the duties provided for in articles 24, 26, 27 and 28 of the present, will make it liable to penalties laid down in regulations that sanction infringements of the labour legislation. In charge of the employer obligations set out in the provisions referred to above shall not be compensated in money or constitute, in any case, remuneration.
ARTICLE 30. -Transfers. Expenses. If the worker is hired to reside in the establishment, the employer will be responsible for the transfer of him, that of their families and belongings of all of them, from the place of recruitment to the execution of the contract when it has the relationship and return to extinguish the link.
ARTICLE 31. -Obligation to provide transportation. Course. When the place of performance of the tasks and the accommodation of the worker without a distance equal to or greater than three (3) kilometers and not any means of public transport, the employer must provide the necessary means of mobilization, which shall meet the safety requirements governing regulations. Rural workers may not be transported in trucks. Vehicles to be used shall have been constructed with destination to the transport of people. They should be transported in vehicles or in utilitarian, they can only travel in places designed for the transfer of persons. The maximum number of workers who will travel in each vehicle shall be determined by the number of fixed seats provided, irrespective of the distance to travel.
Title V of the remuneration of agrarian worker chapter I of the remuneration and payment article 32. -Minimum wages. Minimum wages shall be fixed by the National Commission for agricultural work, which may not be less than the current minimum vital and mobile wage. Its amount shall be determined per month, per day and per hour. In the same way the bonuses are determined by training.
ARTICLE 33. -Forms of their determination. The wage will be fixed by time or by performance of the work, and in the latter case per unit of work, individual or collective Commission, empowerment, reward or participation in profits and integrating with prizes in any of its forms or modalities, corresponding in all cases pay the worker the additional annual salary. The employer may agree with the worker another form of remuneration, respecting the minimum set.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 when wage is determined by the performance of work, the employer is obliged to ensure the enactment of labour in adequate quantity to enable the perception of wages in such conditions, responding by excision or unjustified reduction of work.
ARTICLE 34. -Minimum remuneration for work. Guaranteed minimum wage. Remuneration for performance of the work shall be determined to the extent of the work that has been made, but in no case may be less, for a day of work and normal pace of work, the minimum remuneration to the National Commission for agricultural work set for the activity and for that time unit. In the cases of activities whose wages have not been fixed or updated as provided in this law, shall apply stipulated in General. Replace the minimum remuneration that might apply when worker, being at the disposal of the employer and for reasons not attributable to the first, is not reached to obtain that minimum and so when this occurs due to weather events that prevent the realization of tasks in the form intended or habitually by application of the system of work performance.
ARTICLE 35. -Payment periods. The payment of salaries must be in one of the following periods: to) the mensualizado worker, to the expiry of each calendar month; (b) to the employee to wages or paid per hour, per week or fortnight; (c) a worker paid by the working performance, each week or fortnight, with respect to works completed in the referred periods, and a sum proportional to the value of the rest of the work, being able to retain as collateral a quantity which may not be greater than one third of that.
ARTICLE 36. -Place of payment. Employers covered by this scheme must be paid wages through deposits in accounts opened in the name of each worker in banks by the Central Bank of the Republic Argentina within a radius of not more than two influence (2) kilometers in urban areas and ten (10) kilometers in rural areas, and must ensure the benefit of the service free for the worker and the non-imposition of limits on the amounts of extractions. The worker may request that their remuneration is paid him in cash rather than in accordance with the system laid down in the first paragraph. The National Commission of agricultural work (CNTA) may by resolution established, derogate from the planned salary payment system when, by the characteristics of the workplace and the particular conditions of recruitment, it is burdensome for the worker or unenforceable for the employer.
ARTICLE 37. -Ban. Prohibited the payment of remuneration via bonds, vouchers, tokens or any type of paper or currency other than the of course legal and current in the country.
ARTICLE 38. -Bonus by seniority. Besides the remuneration attached to the category, permanent workers will receive a bonus by seniority equivalent to the: a) one percent (1%) of the basic remuneration of its category, for each year of service, when the worker has a length of up to ten (10) years; and b) of one and a half per cent (1.5%) of the basic remuneration of its category for each year of service When the worker has one antiquity of more than ten (10) years of service.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 worker attesting to completion of training courses in relation to the tasks in which it plays, should be rewarded with a special bonus according to the obtained level, which will be determined by the National Commission of agricultural work (CNTA).
Chapter II prohibition of deductions for goods article 39. -Withholding, deductions and offsets. Ban. The employer may expend personal goods, not being able in any event retain, compensate, discount or wage directly deducting the value of the same. For the authorized sale shall observe the following conditions: to) that the acquisition may be voluntarily requested by the worker; (b) that the price of goods produced in the establishment may be equal to or less than the current in the area and that it is agreed a special bonus to the worker; and (c) that the price of the rest of the goods bears reasonable relation, at discretion of the authority for the application of this law, with the nearest town market prices.
Title VI of the day's work and rest weekly chapter I of the day article 40. -Determination. Limits. The working day for all staff within the present scheme may not exceed eight (8) hours per day and forty-four (44) per week from Monday to Saturday at thirteen (13) hours. The distribution of daily working hours and its layout will be private Faculty of the employer, and must comply with the corresponding breaks for food and rest of workers, depending on the nature of exploitation, uses and customs premises; without prejudice to what can be established regarding the National Commission of agricultural work (CNTA). Weekly unequal distribution of working hours can not import the establishment of a more than nine (9) hours daytime ordinary day.
ARTICLE 41. -Night day. Mixed day. Integrally night ordinary working day may not exceed seven (7) hours a day or forty-two (42) hours per week, meaning that meets between the twenty (20) hours of a day and the five (5) hours of the next day. When they alternate daytime with nocturnal hours shall be reduced proportionately in eight (8) minutes per each night hour worked or they will pay the eight (8) minutes in excess as overtime.
ARTICLE 42. -Overtime. Limit. The maximum number of overtime hours is established in thirty (30) hours per month and two hundred (200) hours per year, without https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 prior administrative authorization and without prejudice to the due respect of normative estimates relating to day, pauses and breaks.
Chapter II of the weekly rest period
ARTICLE 43. -Prohibition of work. Prohibited the occupation of the worker from the thirteen (13) hours of the day Saturday until the twenty-four (24) on the next day, except when delayed objective needs of production or maintenance require it. In such cases, the worker will have a compensatory rest within seven (7) days. They will be, also exempted from the prohibition set out in the first paragraph of this article, those tasks that usually be carried out also on Sundays by the nature of the activity or rotating guards being among the staff of the establishment. In these cases, the employer must grant to the worker a compensatory rest of one (1) day in the course of the following week.
ARTICLE 44. -Best conditions. The provisions of this law in the field of working time will not affect best time agreed by the parties or conditions set out in resolutions of the National Commission of agricultural work (CNTA) or the National Commission on Rural Labour that is mantuvieren in force.
TITLE VII OF THE SECURITY AND RISKS AT WORK ARTICLE 45. -Hygiene and safety. Agricultural work must be in proper conditions of health and safety in order to prevent occupational diseases or accidents at work. The employer must make observe pauses and limitations on the duration of the work established in this law and other regulations or complementary standards, and adopt measures that according to the type of work, experience and technique are necessary to protect the integrity Psychophysics and the dignity of workers, and must avoid the pernicious effects of the painful tasks risky or determinants of aging or premature depletion, as well as also, derivatives of unhealthy or noisy environments. Also, you will be required to observe the relevant legal and regulatory provisions on hygiene and safety at work. Worker may refuse to work provision, unless it causes you loss or decrease in remuneration, if it were required in transgression to such conditions, provided that there is imminent danger of damage or you had configured the breach of the obligation by Constitution in arrears or if the Authority declared the unhealthiness of the place the employer does not perform works or does not provide the elements that the Authority set.
ARTICLE 46. -Security elements. Supplied by the employer. The provision of security and personal guards will be employer obligation to necessary when, for reasons arising from the operational ways of work, use.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 0 corresponds to regarding the elements of individual protection when equal obligation, workers carried out tasks outdoors, in case of rain, flooded land or other similar situations, according to what stated the National Commission of agricultural work (CNTA). When worker should perform tasks dangerous for their health, the employer must instruct you on the proper forms of labour and supply personal protective items that may be necessary.
ARTICLE 47. -Cleaning of working clothes. Obligation of the employer. In tasks which involve the realization of processes or handling toxic, irritant or aggressive substances in any of its forms, cleaning of contaminated clothing will be provided by the employer.
ARTICLE 48. -Packaging of toxic substances. Storage. Containers which contain or have contained chemical or biological substances must be stored in specially marked places. The treatment of hazardous waste must be performed in accordance with current regulations and resolutions to that effect issued by the National Commission of agricultural work (CNTA) in consultation with the competent bodies.
ARTICLE 49. -Conditions. The National Commission of agricultural work (CNTA) will establish the conditions of hygiene and safety that should meet workplaces, machinery, tools, and other work items, without prejudice in 24.557 law and its rules amended and complementary, or which in the future replace it, and consultation to be achieved to the Superintendence of labour risks in this area , within the framework of their powers.
Title VIII of the licensing chapter I of licenses in general article 50. -Application of licensing law 20.744 (t.o. 1976) and its amendments. Licenses provided for by law 20.744 (t.o. 1976) and its amendments, without prejudice to those laid down in this title and the prescribed for temporary workers in relation to the holiday are applicable to workers covered in this law.
Chapter II licenses special item 51. -Maternity leave. Temporary staff. Temporary female staff also entitled to leave for maternity, when such leave should begin during the time of effective service delivery and any, in satisfactory form, made the corresponding complaint to the employer. The worker will have stability in their employment during pregnancy and until the expiry of maternity leave, and enjoy assignments granted by social security systems, which will guarantee the same perception of an amount equal to the remuneration corresponding to the period https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 1 legal license and which exceed the time of effective corresponding to the work for which it was contracted issued as regulations that determined accordingly. The violation of these rights will require the employer to pay compensation, the amount of which shall be equivalent to which has perceived the worker until the end of such leave.
ARTICLE 52. -Parental leave. For permanent staff for the continuous provision established a leave pay of thirty (30) calendar days paternity leave, which may be used by the worker's uninterrupted between the forty-five (45) days prior to the presumed date of childbirth and the twelve (12) months after the birth.
Chapter III of accidents and diseases inculpables article 53. -Illness or accident. Notice. In cases of accident or illness intachable, except in cases of force majeure, the worker must give notice to the employer of the sickness or accident and the place that finds, in the course of the first two (2) hours of work for which it is unable to attend for one of these reasons. While it does not do so, you will lose the right to receive remuneration, unless the illness or accident and the impossibility to warn are unequivocally accredited. If the worker injured or sick in the establishment, the existence of the notice shall be presumed.
Title IX minimum prohibition of the work child and protection of working ADOLESCENTS chapter I age of admission to employment or work item 54. -Prohibition of child labour. Prohibited persons under sixteen (16) years work in all its forms, exists or not employment relationship, and he paid or not. The labour inspectorate should be exercised functions conducive to the fulfilment of this prohibition.
Chapter II regulation of adolescent labour article 55. -Adolescent work. Persons from the age of sixteen (16) and up to eighteen (18) years can celebrate work contract with the permission of their parents, responsible for or guardians, as determined by regulations issued accordingly. Authorization shall be presumed if adolescents live independently from their parents.
ARTICLE 56. -Certificate of physical fitness. The employer, to hire young workers, must require them or their legal representatives, a medical certificate issued by a public health service attesting to his fitness for the job, and undergo the https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 recognitions 2 regular doctors who provide the respective regulations.
ARTICLE 57. -Certificate of schooling. The employer, to hire a teen worker, shall request or their legal representatives schooling certificate provided for in article 29 of the Law 26.206.
ARTICLE 58. -Working in family business. Persons over the age of fourteen (14) years and less than sixteen (16) years of age may be occupied in farm whose owner is his father, mother or guardian, in days that shall not exceed three (3) hours per day, and the fifteen (15) hours per week, provided that it is not painful, dangerous or unhealthy work, and that they comply with school attendance. The farm whose owner is the father, mother or guardian of the child worker seeking to qualify for this exception to the minimum age for admission to employment, must obtain authorisation from the labour administrative authority of each jurisdiction. When, by any link or act, or by any of the forms of productive decentralization, whose ownership is the father, mother or guardian is subordinated economically or exploitation is a contractor or supplier of other company, cannot be obtained the authorisation established in this standard.
ARTICLE 59. -Day. Night work. The workday scheduled for adolescent work must be exclusively carried out 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 labour administrative authority of each jurisdiction may extend the duration of the day's tasks up to eight (8) hours per day and forty-four (44) hours a week when exceptional reasons justify it, and must be considered in each case that the eventual time extension does not affect the right to education of the adolescent worker. Not can occupy to persons under eighteen (18) years in work nocturnal meaning between twenty (20) hours and five (5) hours of the next day.
ARTICLE 60. -Prohibition of paying lower wages. No cause can paid teenage workers lower wages to which are attached to the rest of the agrarian workers, with the exception of the reductions that apply for the duration of the day.
ARTICLE 61. -Licenses. Workers under the age of eighteen (18) years shall be entitled to the enjoyment of all the licenses provided for in title VIII of this law, under the conditions there laid down.
ARTICLE 62. – Prohibition of dangerous, arduous and unhealthy work. It is forbidden to occupy children under eighteen (18) years in jobs that revistieren character painful, dangerous or unhealthy, as determined by the regulation and specific rules on hazardous child labour.
ARTICLE 63. -Accident or occupational disease. In case of accident at work or occupational disease of a teenage worker, if checks that their cause was some tasks prohibited in its regard or carried out in conditions that mean violation of its requirements, will be considered by that mere accident or illness as resulting from the Act or omission of the employer, under the terms of article 1072 and matching of the Civil Code without admitting is evidence to the contrary. If the accident or occupational disease obey when finding https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 3 worker in a workplace which is illegal or prohibited their presence, without the knowledge of the employer, this may prove their lack of responsibility.
Chapter III prevention of child labour. Spaces for boys and girls.
ARTICLE 64. -Care and containment spaces. In agricultural holdings, whatever the type of contracting, the employer must enable appropriate care and containment spaces to meet children in charge of the worker, during all the time that lasts hours and put in front of them to qualified and/or experienced in caring for children. This service should cater to children who have not yet reached the age school and also against shift, to attend school until the working hours of adults whose dependants are covered. The regulations will establish minimum requirements which shall comply with the spaces for children, as well as the number of workers from which shall be required to employers the obligation provided for in paragraph first, taking into account local and regional particularities and peculiarities of the respective agricultural activity.
Title X of the promotion of employment of the workers temporary chapter I of the public service employment for temporary workers from the agricultural activity article 65. -Creation of employment service for temporary workers of agricultural activity. Create the public employment service for temporary of activity Agraria workers, comprising all the temporary workers who work in cyclic or seasonal activities or those that demand it by temporal processes.
ARTICLE 66. -Mandatory use of employment service for temporary workers of the agricultural activity. The public employment service for temporary workers from the agricultural activity will be mandatory for employers use and will work on the managements of employment and vocational training of the address national of service Federal of employment of the Secretary of employment of the Ministry of labour, employment and Social Security. The regulations may establish exceptions to the mandatory use of this service, replace it or have mechanisms for promotion in favour of those who use it.
ARTICLE 67. -Conclusion of agreements. Authorized the Secretary of employment of the Ministry of labour, employment and Social Security to conclude agreements with the municipalities to implement the public employment service for temporary workers of the agricultural activity in the respective jurisdictions.
4 https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 article 68. -Powers of the Ministry of labour, employment and Social Security. Empowering the Ministry of labour, employment and Social Security to issue additional and clarifying standards that are relevant.
Chapter II of bags of work carried out by the trade union associations article 69. -Work bags. Bags of work carried out by trade unions of workers with trade union status will provide employers of the staff required for the realization of temporary tasks in the activities referred to in this law, according to resolutions that dictate the National Commission of agricultural work (CNTA) for this purpose. This without prejudice to the validity of the standards that currently provide for the obligatory nature of the use of the bags work for rural areas in specific activities and jurisdictions.
ARTICLE 70. -Functioning of labour exchanges. The functioning of work bags referred to in the preceding article shall comply with mandated by the present regime, its regulations and the resolutions issued by the National Commission of agricultural work (CNTA).
ARTICLE 71. -Designation of observers. Entities that bring together employers in the rural sector, with representation on the National Commission of agricultural work (CNTA), are empowered to appoint observers to bags of work carried out by trade unions of workers with trade union status. National Commission of agricultural work (CNTA) will establish the form of designation and functions of the observers mentioned.
Title XI training and training professional chapter I liability of employers article 72. -Right to training. Workers are entitled to training programs that are implemented, to further develop their skills and knowledge that cater to a progressive improvement of conditions and the working environment of productive activity in which they work.
ARTICLE 73. -Specific activities. Training programs. For the purposes of promoting training and development of staff shall develop programmes of general type to each specific activity, which will be implemented in institutions or by forms of training effect, with the agreement of the Trade Union with trade union status of the activity defined.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 5 article 74. -Training. Equitable access. Equitable access to training or certification of labour competencies, regardless of their gender, professional category, geographic location or any other parameter you must guarantee to all workers. Training actions and/or skills assessment will be carried out inside or outside working hours, according to the characteristics and implementation of those. In the case be within working hours, time during which workers attend training activities determined by the company, shall be deemed for all purposes working time.
ARTICLE 75. -Professional qualification. Certification. Certificate of work provided for in article 80 of the law 20.744 (t.o. 1976) and its amendments, that the employer is obliged to deliver to the moment of extinction the employment relationship must include the professional qualification obtained in the jobs held, any or no worker made regular training activities.
Chapter II liability of the State article 76. -Vocational training. Training. The national executive branch, through the Ministry of labour, employment and Social Security, contents 14(bis) will provide measures and resources needed to realize a national policy of intensive technical training of agricultural workers, contemplating the nature of the activities, the areas in which these are made, the interests of the production and the development of the country. To this effect, the Ministry shall promote programming of training and technical courses.
ARTICLE 77. -Agreements. Empowering the Ministry of labour, employment and Social Security to arrange with the Ministry of education, the Ministry of agriculture, livestock and fishing and educational agencies technical, State or private agreements that ensure the effective fulfilment of the objectives set out in this chapter.
TITLE XII OF THE REGIME SECURITY SOCIAL ARTICLE 78. -Retirement benefit. Workers included in the scope of the present law shall be entitled to retirement ordinary with fifty-seven (57) years of age, without distinction as to sex, as long as twenty-five (25) years of service, with contributions credited.
ARTICLE 79. -Calculation of the years of service. When tasks have played in rural areas and in turn others of any nature, for the purpose of determining the requirements for the granting of the ordinary retirement, shall be an apportionment according to the limits of age and services required for each class of tasks or activities.
ARTICLE 80. -Employer contribution. The employer contribution for the tasks referred to in this law will be that governed in the common system - system integrated Previsional Argentino-, https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 6 increased by two percentage points (2%), from the same period.
ARTICLE 81. -Reduction of employer contributions. The employer that hires discontinuous permanent and temporary workers, will be for a period of twenty-four (24) months, of a reduction of fifty percent (50%) of their current contributions destined for the social security system. The conditions that must be met for the enjoyment of this benefit, as well as the subsystems subject to reduction, shall be fixed by regulation. The aforementioned reduction will not affect the financing of social security, nor the rights conferred on workers by the social security schemes. The national executive power, on the basis of the provisions that shall be the Ministry of labour, employment and Social Security, will adopt the budget necessary steps to compensate or balance the reduction in question, being empowered to extend its validity only once for an equal period.
ARTICLE 82. -Application law 24.241. For cases not referred to in this title, additionally governed 24.241 law, its supplementary and amending laws.
ARTICLE 83. -Accreditation of rural services. By rules of procedure is may recognize rural services referred to in this law, provided prior to its entry into force, through the establishment of new evidence and subject to a charge for missed contributions, which will be deducted in monthly installments of having obtained under this pension scheme.
Title XIII of the bodies tripartite regime of working agricultural chapter I of the National Commission of working agricultural article 84. -National Commission for agricultural work. Integration. The National Commission of agricultural work (CNTA) is the policy-making organ of this legal regime, which shall be composed of two (2) titular representatives and two (2) assistants of the Ministry of labour, employment and Social Security; one (1) principal representative and one (1) Deputy of the Ministry of agriculture, livestock and fisheries; one (1) principal representative and one (1) Deputy of the Ministry of economy and finance; two (2) representatives of employers and two (2) representatives of workers, each of them with their respective substitutes. 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 85. -Headquarters. Assistance. The Agency will act and will work in the headquarters of the Ministry of labour, employment and Social Security, and can be anywhere in the country when circumstances that their specific functions required.
ARTICLE 86. -Designations. Members of the National Commission of agricultural work (CNTA) will be appointed by the Ministry of labour, employment and Social Security.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 7 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 87. -Duration in functions. Members of the National Commission of agricultural work (CNTA) will last two (2) years in their functions, and may be renewed their mandates on the proposal of each sector.
ARTICLE 88. -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 agricultural work (CNTA) 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 89. -Powers and duties. Powers and duties of the National Commission of agricultural work (CNTA) will be: to) dictate its rules of procedure and organise its operation; (b) to enact the regulations and organizing the functioning of the regional advisory committees, determining their respective jurisdictions in accordance with ecological, productive and economic characteristics of each area; (c) establish categories of permanent workers who perform in each type of task, determining their characteristics, special arrangements, conditions of work and setting their minimum wages; d) establishing, observing the guidelines of this law, special modalities and working conditions of casual, seasonal or cyclical activities and their respective remunerations, in advance at the beginning of the tasks, especially taking into account the proposals submitted by regional advisory committees. When appropriate, it will determine the inclusion of the additional annual salary and holiday pay; (e) concerning minimum remuneration of those regional activities, if the established in the calendar of cyclical activities expired, regional advisory committees have no agreed them; f) determine the form of integration of the minimum equipment and composition of crews to tasks that are regulated, when it proves necessary; (g) enact rules on minimum conditions which shall conform the performance of power and housing carried out by the employer taking into account the guidelines of this law and the characteristics of each region; (h) promote compliance with hygiene and safety standards in rural work; (i) clarify the decisions that are handed down in accordance with this law; j) advise the national bodies of the autonomous city of Buenos Aires, provincial, municipal or autarchic which so request; (k) request of the national departments of the autonomous city of Buenos Aires, provincial, municipal or autarchic entities, technical, economic and social studies related to the object of the Act and its regulations; (l) intervene in the collective labour disputes arising between the parties and act as arbitrator when of common agreement; request it
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 8 m) conclude agreements of cooperation with public and private entities, both national and international; and (n) address training of social actors that negotiated on the regional advisory committees dependent and diffusion of the legislation applicable to workers covered by the scope of this law.
ARTICLE 90. -Composition of conflicts. Without prejudice to the competence of the Ministry of labour, employment and Social Security, the National Commission of agricultural work (CNTA) will promote the implementation of mechanisms for composition of collective disputes, urging to negotiate according to the principle of good faith. This principle matters to the parties the following rights and obligations: to) the concurrence to the negotiations and hearings referred to in proper form; (b) the realization of meetings that are necessary, in places and with the frequency and frequency that are appropriate; (c) the designation of negotiators with adequacy and representativeness insufficient for discussion of the issue that concerned; (d) the exchange of information necessary for the purposes of the examination of the issues in debate; (e) the realization of the leading efforts to achieve agreements that take into account the different circumstances of the case; (f) the obligation to refrain during the course of the negotiating process of the conflict, any action which is sought to ignore or block the consensus reached so far; and (g) the obligation to refrain from introducing new topics for discussion which had not been raised at the beginning of the instance of conflict negotiation.
ARTICLE 91. -Expeditious process. When one of the Parties introduced a conduct that does not conform to the duties and obligations set forth in the preceding article, shall be considered that it has violated the principle of good faith negotiation, leaving the party affected by the breach enabled to promote a legal action before the competent labour court, through the expeditious process established in article 498 of the Civil procedural code and commercial of the nation , or equivalent of provincial civil procedural codes. The competent court will be the immediate cessation of the violation of the duty to bargain in good faith behavior and may, in addition, punishing the defaulting party with a fine of up to a maximum equivalent to twenty percent (20%) of the total of the wage of the month in which occurs the fact, corresponding to the workers included in the personal scope of bargaining. If the offending party maintained its attitude, the amount of the sanction will be increased by ten percent (10%) for each five (5) days of mora to abide by the Court's decision. In the event of recidivism, the maximum provided for in this subsection can be lifted to the equivalent to one hundred percent (100%) of those amounts. Notwithstanding, the judge, at the request of a party, may also apply the provisions of article 666 bis of the Civil Code. When cesaren acts which gave rise to the hardline action, within the time laying the judicial decision to the effect, the amount of the penalty may be reduced by the judge to fifty percent (50%). All amounts so accrued will be as exclusive destination the public employment service for temporary workers of the agrarian activity created by the present law and programs of training and dissemination of regulations that carry out the National Commission of agricultural work (CNTA), as the powers conferred in subsection n) of article 89 of the present regime.
https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 9 chapter II of regional advisory committees article 92. -Regional advisory committees. Determination. Regional advisory committees will be integrated in the areas to be determined by the National Commission of agricultural work (CNTA). Opinion of the Ministry of agriculture, livestock and fisheries or other public organisation linked to the matter may require for that purpose.
ARTICLE 93. -Place of performance. Regional advisory committees will work in departments of the regional delegations of the Ministry of labour, employment and Social Security, the National Commission of agricultural work (CNTA) determined as headquarters. In these offices of permanent legal, technical and administrative support shall be provided and it will provide the necessary staff to ensure its correct operation.
ARTICLE 94. -Integration. Regional advisory committees will be integrated in the following way: a) by the national State: two (2) representatives of the Ministry of labour, employment and Social Security, of whom one shall exercise the Presidency; (b) by the employer sector: four (4) representatives of the entities entrepreneurs most representative of production or activity for which it is established; (c) by the worker sector: four (4) representatives of the Association most representative of the production or activity for which it is established.
ARTICLE 95. -Representatives of regional advisory committees. The worker and employer representatives will be appointed by the President of the National Commission of agricultural work (CNTA) a proposal from each of the sectors.
ARTICLE 96. -Employers and workers representatives. Duration of mandates. The National Commission of agricultural work (CNTA) will establish the duration of the mandates of the representatives of workers and employers.
ARTICLE 97. -Accreditation of representativeness. The National Commission of agricultural work (CNTA) will determine the form and mechanisms through which credited the representativeness in each production or specific regional activity.
ARTICLE 98. -Powers and duties. Powers and duties of regional advisory committees will be: to) raise the National Commission of agricultural work (CNTA), for each production, activity, or agricultural cycle in a timely, an opinion by every one of the agreements reached or proposals made relating to subparagraphs d), e), f), g) and h) article 89 of this law; b) send annually to the National Commission of agricultural work (CNTA) calendar cycle of each production activities or activity; (c) inform the National Commission of agricultural work (CNTA) about the status of negotiations; (d) carry out studies that were entrusted to him by the National Commission of labour in agriculture https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 0 (CNTA) and those that may be in your area, were they already ruled tasks concerning or others that considers necessary to incorporate, raising the relevant reports; (e) advise the enforcement authority or Government agencies that require it through reports, sending copy of them to the National Commission of agricultural work (CNTA); and (f) provide information and perform actions leading according to the form and mechanisms established to accredit the representativeness in each production or specific regional activity.
Title XIV of the Authority's application and other provisions chapter I of the implementing authority.
ARTICLE 99. -Implementing authority. The Ministry of labour, employment and Social Security will be the authority for the application of this scheme.
Chapter II provisions supplementary article 100. -Law of contract of employment. Its application. The provisions of this law are of ordre public and exclude those contained in the law of contract of work 20.744 (t.o. 1976) and its amendments insofar as they relate to aspects of the employment relationship referred to in this law, as set out in article 2.
ARTICLE 101. -Supplementary provisions. Entry into force. The provisions contained in the conventions and collective work agreements that are in force on the date of promulgation of the present, shall remain in full force in everything that does not infringe the provisions of articles 8 and 9 of this Act.
ARTICLE 102. -Validity of resolutions. The provisions issued by the National Commission of agricultural work (CNTA), the National Commission on Rural Labour, or by the Ministry of labour, employment and Social Security, shall remain in force throughout insofar as it is not modified by this Act.
ARTICLE 103. -Antique. Recognition. Antiquity which they have the agricultural workers at the time of the enactment of this law will be calculated to them all their effects.
ARTICLE 104. -Regime of employment contract modification. Scope. (Replace the text of subparagraph (c)) article 2 of the law of contract of work 20.744 (t.o. 1976) and its modifications, by the following: c) agricultural workers, without prejudice to the provisions of this law shall be of supplementary application in everything that is compatible and does not object to the nature and modalities work agrarian regime.
ARTICLE 105. -Modification of the law 24.013. Incorporation. Replace the text of article 140 https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 1 Law 24.013, by the following: article 140: all workers covered by the law of contract of work 20.744 (t.o. 1976) and its amending, in the regime of agrarian work, of the national public administration and all institutions and agencies in which the State acts as employer they are entitled to receive a remuneration not lower than the minimum, vital and mobile wage established in accordance to provisions of this law.
ARTICLE 106. -Modification of the law 25.191. Replacements and incorporanse the articles of the law that 25.191 below describe: to) replacements articles 1st, 4th and 7th of 25.191 law, which shall be drawn up in the following way:
Article 1: declare obligatory the use of the book of agriculture worker or the document that makes their times in the entire territory of the Republic of Argentina for all workers who develop tasks relating to agricultural activity in any of their specializations, falling within the scope of application of the system of agricultural work. You will have the character of personal, non-transferable and probative document of the employment relationship. If in doubt about whether or not within the scope of the regime of agrarian work of a task or activity, it will be up to the Ministry of labour, employment and Social Security resolve it and determine it.
Article 4: for the purposes of this Act, shall be deemed worker agrarian anyone who carries on the work of agricultural activity, aimed at obtaining fruits or primary products through livestock, agricultural, forestry, horticulture, poultry, beekeeping tasks or other similar, provided that these have not been subjected to any kind of industrial process, and as long as they are developed in rural areas , with the exceptions and in accordance the special statute which establishes the regime of agrarian work.
Article 7: create the national registry of workers and agricultural employers (RENATEA), as an autonomous entity within the jurisdiction of the Ministry of labour, employment and Social Security. The RENATEA will absorb the functions and powers that currently is the national registry of rural workers and employers (RENATRE), from the entry into force of the law which approves the regime of agrarian work. Employers and agricultural workers within the scope of application of the system of agricultural work, as determined by article 3 of this law will be registered compulsorily in the RENATEA. (b) incorporate article 7 bis to 25.191 law, which will be drafted in the following way: article 7 bis: the RENATEA staff shall be governed by the law of contract of work 20.744 (t.o. 1976) and its amendments, and the situation of those who played for the RENATRE until the entry into force of the law which approves the regime of agrarian work It will be determined by the regulation, ensuring the employment continuity of non-hierarchical staff under conditions to be established in the same. (c) replace the article 8th 25.191 law, which will be drafted in the following way: article 8: the Government and the administration of the RENATEA will be in charge of a general manager and a https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 2 Deputy Director general which will replace him in the event of absence or temporary impediment. Both officials shall be designated by the national executive power, on the proposal of the Ministry of labour, employment and Social Security and their positions will be rented. (d) Incorporanse articles 8 bis and 8 ter 25.191 law, which shall be drawn up in the following way: article 8 bis: the Ministry of labour, employment and Social Security shall appoint a syndic and an alternate function will oversee and monitor all accounting, financial and economic operations of the RENATEA and shall have the rights and obligations established regulations.
Article 8 ter: the RENATEA endeavour to reflect in its structure the representation of the various social, productive and Government sectors that integrate and/or are related to agricultural activity in any of its specializations in all the national territory. To the fulfilment of its purposes will be a network of regional offices dependent technically and functionally, constituting their headers in the field regional delegations and/or managers of employment and job training or other units of the Ministry of labour, employment and Social Security and the amount of sub-venues deemed necessary for the purpose of achieving the faithful execution of their duties , for which may conclude agreements with the authorities of provincial or municipal jurisdictions. (e) replace the article 9º 25.191 law, which will be drafted in the following way: article 9: the registry will have an Advisory Board composed of equal numbers of representatives of employers and workers in the agricultural activity, by representatives of the Ministry of economy and finance, the Ministry of agriculture, livestock and fisheries and the Ministry of science Technology and productive innovation, as well as by representatives of other social sectors linked to the activity of land in any of their specializations, as determined by the Ministry of labour, employment and Social Security. (f) Incorporanse bis 9th and 9th ter 25.191 law, items that will be written in the following way: article 9 bis: the members of the Advisory Board shall be appointed by the Ministry of labour, employment and Social Security a proposal from organizations or organizations representing workers, employers and social sectors and on the proposal of the highest authority of State portfolios comprising it , in the event of the Government representatives. The number of members of the Council and the term of duration of their functions, shall be established in the regulation.
Article 9 ter: the Advisory Board will be chaired by the Deputy Director General of the registry. In the absence of the same, it will be chaired by an alternate Chairperson appointed for that purpose by the director general. The Council will be held with the presence of half plus one of its members and each of them shall have one (1) vote. Decisions shall be taken by a simple majority of votes. In the event of a tie the Chairman shall have double vote. Within the first thirty (30) days of operation, the Advisory Board should dictate its rules of procedure. (g) replacements items 10, 11 and 12 of law 25.191, which shall be drawn up in the following https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 3 way: article 10: to fill the offices of director-general and Assistant Director-general and integrate the Advisory Board shall apply the requirements established by the framework law of regulation of employment public national 25.164.
Article 11: The national registry of workers and agricultural employers (RENATEA) the purpose is: to) issued the book of agricultural work or document to make its times, without charge to the worker, the distribution and control of the instrument and ensuring its authenticity; (b) to centralize information and coordinate the necessary actions to facilitate the hiring of agricultural workers; (c) conform the statistics of all classes, methods and specializations of the farm work in the area of the entire country; (d) provide the coordination and cooperation of the nation with the provinces and municipalities in agricultural work; (e) provide the agricultural worker the social benefit provided for in chapter V of this law; internal f) enact regulations by which will be integrated and will govern the different constituent strata of the RENATEA; (g) monitor compliance by the workers and employers of the obligations imposed on them by this law. The RENATEA may also develop other functions of police work that are delegated to him by the national or provincial bodies.
Article 12: The national registry of workers and agricultural employers (RENATEA) has the following responsibilities: to) attend all expenditures that requires its operation with the resources established in this law, as well as manage the resources established therein in accordance with the object referred to in article 11 and its operation. You can also set tariffs for the provision of administrative services outside the object of this law. Administrative expenditure shall not exceed ten per cent (10%) of resources; (b) open and used for the purposes of entrusted management, a special account called "Registry national of workers and employers agricultural" (RENATEA), which enter the funds pursuant to this; (c) invest their money availabilities in securities issued by the nation or placements time deposits in financial institutions; (d) approve its organic, functional, and administrative structure as well as the allocation of staff and the number and nature of its local employees; (e) sign and carry the registration of all persons covered by this standard pursuant to chapter I, providing irrefutable evidence of the presentations carried out the forced; f) require every employer display their books and other documentation required by the labour legislation applicable to the activity for the sole purpose of verification of the compliance with the established hereby, in accordance with the regulations provided for in subsection g) of article 11. (h) Incorporanse articles 13 bis and 13 ter 25.191 law, which shall be drawn up in the following way: article 13 bis: chattels, real estate assets, credits and funds which are owned by the RENATRE, https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 4
they are transferred full property and without charge to the RENATEA starting from the entry into force of the law which approves the regime of agrarian work. The initial assets of the RENATEA is made up of the heritage of the RENATRE transformed according to this standard. All the funds and goods of third parties who administer the RENATRE are transferred from the instance specified in the preceding paragraph, in a special account called "Registry national of workers and employers agricultural" (RENATEA), which opens at the Banco de la Nacion Argentina.
Article 13 ter: create an Audit Committee composed of officials from the Ministry of labour, employment and Social Security and the General Audit Office of the nation (SIGEN), that within a period of sixty (60) days from the enactment of this law, shall issue a technical report accounting of the patrimonial and financial state of the RENATRE. (i) replace article 16 25.191 law, which will be drafted in the following way: article 16: instituting the system Integral of unemployment benefits, which shall be governed by the provisions laid down in this chapter. The following features will be part of the protection by unemployment: to) the economic benefit for unemployment; (b) healthcare benefits according to 23.660 laws and its amendments and 23.661; (c) payment of family allowances that fishing carried out by the national administration of Social Security (ANSES); (((d) computation of the period of benefits for social security purposes, with paragraphs a) and b) of article 12 of the law 24.013 reaches. j) Incorporanse articles 16 bis, 16 ter and 16 c 25.191 law, which shall be drawn up in the following way: article 16 bis: created with mandatory insurance for funeral services, for all agricultural workers within the scope of this law.
Article 16 ter: employers must retain an amount equivalent to one and a half percent (1.5%) of the total of the royalties accrued from the enactment of the law which approves the regime of agrarian work, deposited the amounts derived in a special account to be opened for this purpose the RENATEA.
Article 16 c: the services of funeral insurance established by this law will absorb full and until its concurrence other benefits of same or similar nature that is current and applicable to any normative source from, agricultural workers. Regulations will establish the scope of the present social benefit.
ARTICLE 107. -Establish that the national registry of rural workers and employers (RENATRE) and the system integrated from unemployment benefits, will be hereinafter referred to as national registry of workers and agricultural employers (RENATEA) and Integral system of benefits for unemployment and funeral service, respectively.
ARTICLE 108. -Application of other laws. The provisions laid down in law 24.013, 25.013, 25.323 and 25.345 or that in the future the https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 5 replacement will be of supplementary application to the present regime.
ARTICLE 109. -The Executive power will regulate this law in the period of sixty (60) days since its enactment.
ARTICLE 110. -Communicate to the Executive branch. GIVEN IN THE CHAMBER OF THE CONGRESO ARGENTINO, BUENOS AIRES, TWENTY-ONE DAYS OF DECEMBER OF THE YEAR TWO THOUSAND ELEVEN. -REGISTERED UNDER NO. 26.727 - AMADO BOUDOU. -JULIAN A. DOMINGUEZ. -Gervasio Bozzano. -John H. Estrada.
Date of publication: 28/12/2011 https://www.boletinoficial.gob.ar/pdf/linkQR/Ukh5M3RWS2NtRkpycmZ0RFhoUThyQT09 6
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