Set Course Of Multiplicity Of Names Considered To Be A Single Employer, And Its Effects


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"(Artículo único.-Modifíca_se el Código deel Trabajo en la siguiente forma: 1) (in article 3: a) replace, in the third paragraph, the phrase"under a direction"by"under the direction of an employer"."
(b) replace the final paragraph by the following subsections fourth, fifth, sixth, seventh and eighth: "two or more companies will be considered a single employer for purposes of labour and social security, when they have a common work direction, and attend its respect conditions such as similarity or necessary complementarity of products or services that develop or provide, or existing between them in a common driver.
The mere circumstance of share in the ownership of the companies do not configure alone any items or conditions listed in the previous paragraph.
Companies that comply with the provisions of the fourth subparagraph shall be jointly and severally liable for the fulfilment of the labour and social security obligations under the law, individual contracts or collective instruments.
The questions raised by the application of the preceding subparagraphs shall be conducted by the judge of the work, in accordance with paragraph 3 ° of chapter II of title I of book V of this code, who will resolve the matter, following a report from the Directorate of labour, and may require further reports of other organs of the State administration. The exercise of legal actions arising out of the application of the fourth subsection, as well as the respective final judgment, shall, in addition, consider provisions of article 507 of the code.
Workers in all companies deemed to be a single employer may form one or more trade unions grouping them, or maintain their existing organizations; they may also bargain collectively with all the companies that have been considered as an employer, or with each of them. Unions intercompany grouping exclusively to dependent workers of firms that have been declared as a single employer may submit projects of collective agreement, being obligatory for the employer to negotiate with these unions. In all these cases, the filing and processing of projects of collective contract shall be governed by the rules laid down in chapter I of title II of book IV of this code. "."
(2) replace the article 507 with the following: "article 507-legal actions arising out of the application of the fourth paragraph of article 3 of this code may be exercised by the trade unions or workers of the respective companies that consider that their employment or pension rights have been affected."
These actions may be brought at any time, except during the period of collective bargaining referred to in chapter I of title II of book IV of this code; If started legal proceedings exceed the date of presentation of the project of collective agreement, the terms and effects of the negotiation process must suspend while resolves, understanding for all legal purposes just extended the validity of the collective instrument effective until 30 days after rendered the judgment day will be resumed bargaining in the form determined by the Court , in accordance with the provisions of the law.
The final sentence leading wholly or partially to the actions described shall contain in its Resolutive part: 1. the pronouncement and individualization of firms that are considered a single employer for purposes of labor and social security, according to stated in the fourth paragraph of article 3 ° of this code.
2. the specific indication of measures that the employer is forced to materialize as such, as well as those aimed at compliance with all labour and social security obligations and the payment of all benefits that fishing; under penalty of fine of 50 to 100 monthly tax units, which may be repeated to obtain compliance as ordered.
3. the determination about whether the alteration of the individuality of the employer is or not hiring workers through third-party simulation, or the use of any subterfuge, concealing, disguising or altering its individualization or heritage, and if this has resulted in avoiding compliance with labour and social security obligations that establishes the law or the Convention. If so determined, you must point accurately conduct constituting such simulation or subterfuge, and labour and social security rights which have been infringed, and must apply to the offender a fine of 20 to 300 monthly tax units in this way. In these cases, shall apply to the above fines provisions of the fifth paragraph of article 506 of the code.
They fall within the concept of subterfuge referred to in the preceding paragraph, any alteration of bad faith through the establishment of various social reasons, the creation of legal identities, the division of the company, or others that mean for workers decrease or loss of labor rights, individual or collective, in particular among the first bonuses or allowances for years of service and among the latter the right to unionization or to bargain collectively.
The final sentence shall apply in respect all workers of enterprises that are considered a single employer for purposes of labor and social security.
The actions referred to in the preceding subparagraphs may exercise while enduring the situation described in the fourth paragraph of article 3 of this code, without prejudice to the provisions of the second paragraph of this article. ".".