"Sole article.-Introducense the following amendments to the labour code: 1. added in article 1, the following final paragraph:"workers who provide services in the offices of notaries, archivists or conservatives will be governed by the rules of this code."."
2 replacements the second and third subparagraphs of article 2, by the following second, third, fourth, fifth and sixth subparagraphs, passing the current paragraph fourth to be seventh: "acts of discrimination are contrary to the principles of labor law.
Acts of discrimination are distinctions, exclusions or preferences based on reasons of race, color, sex, age, marital status, unionization, religion, political opinion, nationality, national extraction or social origin, annular aimed or impairing equality of opportunity or treatment in employment or occupation.
However, distinctions, exclusions or preferences based on qualifications required for a particular job will not be considered discrimination.
Consequently and without prejudice to other provisions of this code, are acts of discrimination job offers made by an employer, directly or through third parties and by any means, that mark as a requirement to apply to any of the conditions referred to in the third subparagraph.
Provisions of subparagraphs second and third of this article and the obligations arising from them to employers, shall be incorporated in the contracts of employment concluded. "."
3. Add next to the last paragraph of article 3, the following new final paragraph: "infringements of the rules governing the entities referred to in this article will be sanctioned in accordance with the provisions of article 478 of the code.".
4 incorporated in article 5, the following paragraph first, new, passing current subparagraphs first and second to be subsections second and third, respectively: "Article 5.-the exercise of the powers which the law recognized the employer has as limit constitutional of workers guarantees respect, especially when they may affect intimacy, private life or the honor of these.".
5 repeal of the fourth subparagraph of article 8.
6 added to the paragraph number 3 first article 10, replacing the semicolon (;) by a followed dot (.), the following final sentence: "the contract may bring two or more specific functions, whether alternative or complementary;".
7 modified article 22, as follows: a.) replaced into the first paragraph, the expression "forty-eight" by "forty-five", and b) add the following final new subsection: "Also are excluded from the limitation of day, employees so that they provide their services preferably out of place or place of operation of the company through the use of electronic means and telecommunications.".
8 is replaced by the first and third subparagraphs of article 23, the expression "10 hours" for "twelve hours".
9 modified article 25, as following: to) Reemplazanse in its first paragraph the "192" figure by "180" and all of the text that is then followed dot (.) for the following: "in the case of drivers and auxiliary of the long-distance public transportation and intercity passenger services, breaks on board or ashore and waits time matching them to meet between work shifts without performing work" It will not be attributable to the day and their remuneration or compensation shall be subject to the agreement of the parties. For drivers of long-distance terrestrial vehicles, mentioned time off shall not be attributable to the day and their remuneration or compensation shall be adjusted in the same way. However, in the case of these last, waiting times shall be charged to the day. "."
(b) in its final paragraph, added, after the word "bus" expression "or truck", and replaced the singular "he" for the plural "those".
10 replace article 27 with the following: "article 27.-the provisions of the first paragraph of article 22 does not apply to staff working in hotels, restaurants or clubs - except administrative staff, of laundry, linen and kitchen – when, in all these cases, the daily movement is notoriously scarce, and workers must constantly maintain, available to the public."
The performance of the day that this article only can distribute up to a maximum of five days a week.
However, workers referred to in this article may not remain more than 12 hours a day in the workplace and, within this Conference, will have a rest not less than one hour, attributable to this day.
If in doubt, and at the request of the person concerned, the Director of labour shall decide if a particular work or activity is located in any of the situations described in this article. Their resolution may be made before the competent judge within fifth day of notified who will resolve in a single instance, without form of trial, hearing the parties. "."
11 replace first article 32, subparagraph by the following: ' article 32.-overtime may only agree to meet needs or temporary situations of the enterprise. " Such agreements shall be in writing and a transitional period not exceeding three months, and may be renewed by agreement of the parties. "."
12.-amending article 38 in the following way: to) Reemplazanse the first part of the subsection fourth expressions "one" "two" and "should" by "shall".
(b) delete the fifth paragraph.
(c) replace the final paragraph by the following: "However, in certain cases, the Director of labour may authorize, consent of the workers involved, if any, and founded resolution, the establishment of exceptional systems of distribution of hours of work and breaks, when the provisions of this article may not apply, attended the special characteristics of the provision of services and it has been confirmed" , by inspection, that the conditions of hygiene and safety are compatible with the referral system.
The entry into force of the resolution will be for a period of four years. However, the Director of labour can renew it if the requirements which justified its granting are maintained. Case of works or tasks, the entry into force of the resolution may not exceed the period of performance of the same, with a maximum of four years. "."
13 added in chapter IV, title I, book I, after article 40, the following paragraph 5 th, new: "paragraph 5 day partial article 40 bis.-it may agree on contracts of employment full-time part-time, being subject to the regulations of the present paragraph, those in which a day's work no more than two-thirds of the ordinary day been agreed referred to in article 22.
Article 40 bis a. part-time contracts will be allowed to the Covenant on overtime.
The ordinary working day shall be continuous and shall not exceed 10 hours, and may be interrupted for a period of not less than half an hour not more than an hour for the collation.
Article 40 bis B-part-time workers shall enjoy all other rights that includes this code for workers full time.
However, maximum gratification legal limit provided for in article 50, may be reduced proportionally, according to the relationship that exists between the number of scheduled hours in the part-time contract and the ordinary working day.
Article 40 bis C.-the parties may agree on distribution day alternatives. In this case, the employer, with a least a week in advance, shall be entitled to determine between an agreed alternative, which governed in the week or next higher period.
Article 40 bis d.-for the purposes of the calculation of the compensation that might apply to you to the worker at the time of the end of their services, means last remuneration the average of the remuneration received by the employee during the term of their contract or the last eleven years of the same. For this purpose, each pay covering the period of calculation must be reset by the change experienced by the price index to the consumer, the month prior to the payment of the respective remuneration and the month prior to the term of the contract. However, if the compensation that corresponds you by application of article 163 is superior, is charged this. "."
14 insert, after article 92, following article 92 bis, new: "article 92 bis.-people that they play as intermediaries of agricultural workers and those who provide services in agro-industrial or commercial enterprises derived from farming, the exploitation of wood or other related, shall be entered in a special register that for those effects will take the respective labour inspection.".
15 insert in the final paragraph of article 95, between the word "article" and the voice "no", the expression "are the employer cost and".
16. Insert following article 95, the following article 95 bis, new:
' Article 95 bis.-to comply with the obligation contained in article 203, employers whose properties or packaging enclosures within a same commune, may provide and maintain during the respective season, one or more services common room crib. ".
17 replaced in the final paragraph of article 106 the figure "48" by the expression "forty-five".
18 amended article 153 in the following way: to) Reemplazanse in the first paragraph the word "twenty-five" for "ten", and the phrase "The industrial or commercial companies" by "companies, establishments, work or economic units".
(b) add in the final paragraph, after the separate dot (.), which happens to be followed, the following new sentence: "Furthermore, may require that the provisions that are mandatory in accordance with the following article incorporated.".
19 be added in article 154, the following final paragraph: "the obligations and prohibitions referred to in number 5 of this article, and, in general, all measure of control, may only be made by means suitable and consistent with the nature of the employment relationship and, in any case, your application must be general, guaranteeing the impersonality of the measure" to respect the dignity of the worker. "."
20 insert, then in article 154, the following article 154 bis, new: "article 154 bis.-the employer must keep reserve information and private data of the worker to have access on the occasion of the employment relationship.".
21 replaced in article 155 the expression "of the previous article" with "of article 154".
22 replaced in the final subparagraph of article 156, the phrase "the text of the rules of procedure of the company" by the following: "in a text of the company's internal regulations and the regulations referred to in the Act Nº 16.744".
23 replaced the No. 1 of article 160, with the following: "(1.-Alguna de las conductas indebidas de carácter grave, debidamente comprobadas, que a continuación se señalan: a) lack of integrity of the worker in the performance of their duties;"
(b) routes in fact exercised by the worker against employer or any worker who perform in the same company;
((c) slander made by the worker to the employer, and d) immoral conduct of the worker which affects the company where he works. "."
24 changed subparagraph first of article 161, the following way: to) Suprimense the expression "and lack of business or technical adaptation of the worker", and the comma (,) that precedes it.
(b) add separate dot (.), then what happens to be followed dot (.) the following sentence: "eventually contesting those grounds set forth, shall be governed by the provisions of article 168.".
25 interlayer, then Article 161, the following article 161 bis, new: "article 161 bis.-invalidity, total or partial, is not just cause for the term of the contract of employment. The worker who is separated from their functions for that reason, shall be entitled to the compensation established in the first or second subparagraphs of article 163, as appropriate, with the increase referred to in point (b)) of article 168. "."
26 article 168 replaced by the following: ' article 168-worker whose contract terminated by one or more of the grounds set out in articles 159, 160 and 161, and to consider that such application is unjustified, improper or inadmissible, or none has been invoked causal legal, may have recourse to the competent court within a period of sixty days " counted since the separation, so this so declare it. En_este_caso, the judge shall order the payment of compensation that is referred to in the fourth paragraph of article 162 and subsections first or second article 163, as appropriate, increased the latter according to the following rules: to) by 30 per cent, if it is any given term by improper application of article 161;
(b) by 50 per cent, if it is any given term by unjustified application of the grounds of article 159 or has has not invoked any legal cause for such termination;
(c) by 80 per cent, if it is any given term by misapplication of the grounds of article 160.
If the employer had invoked the grounds indicated in numbers 1, 5 and 6 of article 160 and the dismissal is also declared devoid of plausible motive for the Court, the compensation established in the first or second subparagraphs of article 163, as appropriate, will increase by 100 percent.
If the judge establishes that the implementation of one or more of the grounds for termination of the contract set out in articles 159 and 160 has not been accredited, in accordance with the provisions of this article, means that the term of the contract has occurred on any of the grounds mentioned in article 161, the date that was invoked the causal , and will be entitled to the legal increases applicable in accordance to the provisions in the preceding subparagraphs.
The period referred to in paragraph shall be suspended when, within this, the worker brought a claim by any of the grounds indicated, to the respective labour inspection. This period will continue running once completed this procedure before such inspection. However, in no case may be made to the Court after ninety working days since the separation of the worker. "."
27 replace the letter to) Article 169, by the following: "to) the communication the employer to direct the worker according to the fourth paragraph of article 162, will result in an irrevocable offer of payment of compensation by years of service and the replacement notice, should this not given, provided for in the articles 162 , fourth paragraph, and 163, first or second subparagraphs, as appropriate.
The employer is obliged to pay the compensation referred to in the foregoing paragraph in one act at the time of extending the settlement.
Without prejudice to the provisions of the preceding paragraph, the parties may agree fractionation of payment of compensation; in this case, fees must be stated interests and readjustments of the period. The Pact must be ratified before the labour inspection. Simple failure to comply with the Covenant will be immediately payable the total debt and will be punished with an administrative fine.
"If such compensation is not pagaren to the worker, it may have recourse to the Court pointed out in the previous article, in the same period there specified, so order and comply with the payment, and may the judge in this case increase them up to 150%, and".
28 be replaced in article 170, in its final sentence, the expression "the second paragraph of article 168" by "final paragraph of article 168".
29 Reemplazanse in article 171, in its first paragraph, the expressions "twenty" for "fifty" and "fifty" for "eighty".
30 insert following article 183, the following article 183 bis, new: "article 183 bis.-in cases in which the employer provides training the worker less than 24 years of age may, with the consent of the worker, attributed the direct cost of her compensation for term of contract which may correspond to him, with a limit of 30 days of compensation.
Carried out the annuity of the respective contract, and within sixty days, the employer shall settle, for purposes of determining the number of days of compensation which are charged, the cost of training provided, which will deliver the worker for their knowledge. The omission of this requirement at the time indicated, will be unimpeachable that cost the compensation that possibly corresponds to the worker.
The hours that the worker intended to these training activities, will be considered as part of the working day and will be attributable to the effects of their computation and payment.
The training referred to in this article shall be duly authorized by the national training and employment service.
This modality will be limited to 30% of the workers of the company, annually if work in this fifty or fewer workers; to a twenty per cent if it they work two hundred and forty-nine or less; and, to 10 percent, those two hundred and fifty or more workers work. "."
31 the heading of article 216, replaced by the following: ' article 216.-trade union organizations will constitute and be called into account workers who join. " The following may, inter alia, Act: "."
32 replace the 217 article with the following: "article 217.-officials of State companies dependent on the Ministry of national defense or that they relate to the Government through the Ministry may constitute trade unions in accordance with the provisions of this book, without prejudice to the rules on collective bargaining contained in the next book.".
33 article 218, replaced by the following: "article 218.-for the purposes of this Book III will be Ministers of faith, in addition to the labour inspectors, public notaries, Civil Registry officials and officials of the administration of the State which are designated as such by the direction of the work."
With respect to the Act of Constitution of the Union, workers will have to decide who will be the Minister of faith, choosing any of those listed in the preceding paragraph. In all other cases in which the law requires generically a Minister of faith, will have such quality indicated in paragraph first, and if anything has been taken, will be Ministers of faith who determine the status of the Union. "."
34 amending article 220, as follows: a) consider their current No. 1 No. 2 and the latter, Nº 2, as no. 1, and b) in the current No. 2, which happens to be no. 1, eliminanse phrases "at the enterprise level, and also when, prior agreement of the parties, the negotiations involve more than one enterprise"; replace point (.) followed by a comma (,), and entered with lowercase initial word "Subscribe".
35 Agreganse in article 221, the following third, fourth and fifth subparagraphs, new: "workers who attend the establishment of a Union of company, company or intercompany trade union establishment, enjoy immunity labor from the ten days prior to the holding of the respective constituent Assembly and up to thirty days of carried out." This jurisdiction may not exceed 40 days.
Workers who constitute a Union of temporary or casual workers, enjoy the immunity to that referred to in the preceding paragraph, until the next day of the constituent Assembly and apply them in their regard, the provisions of the final paragraph of article 243. This immunity shall not exceed 15 days.
Shall apply the provisions of the two preceding subparagraphs, the provisions of the third subparagraph of article 238. "."
36 insert in subparagraph first of article 224, between the words "Union" and "shall apply", the following new sentence: "referred to in the third subparagraph of article 235".
37 insert in subparagraph first of article 225, between the word "directory" and the comma (,) following, expression "and people within it who enjoy immunity", and the expression "the next working business day" shall be replaced by "within the three working days work".
38 article 227, replaced by the following: "article 227.-the Constitution of a Trade Union in a company which has more than 50 workers, will require a minimum of twenty-five workers representing at least ten per cent of the total of those who provide services in it."
However this, to form the trade union organization in those companies in which there is an existing Union, required at least eight workers, and must complete the quorum required in the preceding paragraph, within a maximum of one year, after which will expire its legal personality, by the only Ministry of the law, in the event of failure to comply with this requirement.
If the company has 50 workers or less, they may constitute Union eight of them.
If the company has more than one establishment, may also constitute trade union workers of each of them, with a minimum of twenty-five workers representing at least thirty per cent of the workers of the establishment.
Without limiting the foregoing, whatever the percentage representing two hundred and fifty or more employees from the same company may constitute Union. "."
39 article 228, replace by the following: ' article 228-to establish a Trade Union that is not of those referred to in the preceding article, the competition for a minimum of twenty-five workers will be required to form it. ".
40. Add at the end of article 229, replacing the final dot (.) by a semicolon (;), as follows: "if they are twenty-five or more workers, will choose three shop stewards. However, if 25 or more workers and among them are any elected Union director to two or one of them, respectively, may elect one or two shop stewards. Stewards shall have the jurisdiction referred to in article 243. "."
41 article 231, replace by the following: "article 231.-the Statute of the Trade Union shall contemplate the requirements of membership, termination of membership and the rights and obligations of its members, the requirements to be elected trade union leader, mechanisms of change in status or merger of Union, internal disciplinary regime and the kind and name of Trade Union that identifies you" that you will not suggest the nature of sole or exclusive.
Meetings of partners shall be ordinary and extraordinary. Regular meetings will be held with the frequency and the opportunity to set out in the statutes, and will be cited by the President or who determine the statutes. Extraordinary meetings shall be convened by the President or by the twenty percent of the partners.
The Statute must have safeguards so that members can exercise their freedom of opinion and their right to vote. It can the Statute, in addition, contain rules of weighting of the vote, when you enroll to non-permanent workers.
The Trade Union must carry an up-to-date register of its members. "."
42 article 232, replaced by the following: "article 232.-statutes determine bodies verify electoral procedures and actions to be carried out in which express the collective will, without prejudice to those acts which the law or the statutes themselves require the presence of a Minister of faith than those specified by article 218." Also, the statutes shall establish the number of votes has right to each Member, and must guard against, in any case, the right of minorities. The statutes shall be public.
The Statute shall regulate the mechanisms of control and annual account that the Union Board should be filed to the Assembly of partners. The annual account, with regard to the financial and accounting administration, must have the report of the reviewing Committee on accounts. Must, moreover, expressly available measures of guarantee of access to information and documentation trade union affiliates. "."
43 added, then of article 233, following article 233 bis, new: "article 233 bis.-the Assembly of workers may agree the merger with another trade union, in accordance with the rules of this article. In such cases, once voted favorably on the merger and the new Statute by each one of them, proceed to the election of the Board of the new organisation within the ten days following the last meeting to be held. Assets and obligations of organizations merging, will be fully entitled to the new organization. The proceedings of the assemblies the merger, you remember, duly authorized to Minister of faith, will serve as a title for the transfer of the property. "."
44 article 235, replaced by the following: ' Article 235-unions to join less than twenty-five workers, will be led by a Director, who shall act as President and shall enjoy immunity work. "
In other cases, the directory will be composed of the number of Directors that the statute establishes.
Without prejudice to the provisions of the preceding paragraph, shall enjoy only immunity enshrined in article 243 and the permits and licenses laid down in articles 249, 250, 251, the highest relative majorities which set out below, who will elect among them the President, Secretary and Treasurer: to) if the Union brings together twenty-two hundred forty-nine workers , three Directors;
b) if the Union groups between two hundred and fifty and 1900s ninety -nine workers, five directors;
((c) if the trade union affiliates between thousand and two thousand nine hundred ninety -nine workers, seven directors,) and (d) if the Union is made up of three thousand or more workers, nine directors.
In the case of the enterprise trade unions having presence in two or more regions, the number of Directors will increase by two, when it finds in the case of the letter d), precedent.
The Trade Union mandate will last not less than two nor more than four years and the directors shall be eligible for re-election. The Statute will determine how to replace the Director that let to have such quality for any reason.
If the number of Directors in office as he referred to the third paragraph of this article disminuyere to an amount such that impedes the functioning of the directory, it shall proceed to a new election.
The statutes of trade unions consisting of workers onboard or seafarers, may empower each Union director to designate a delegate that replaces it when you are engaged, shall not apply to the rules on trade union immunity.
Notwithstanding the provisions of the third paragraph of this article, the directors referred to in the precept may transfer in whole or in part permits them recognized in article 249, the elected directors who do not enjoy such permissions. Such transfers shall be reported to the employer with at least three business days in advance to the day in which the use of the permission referred to in the assignment becomes effective. "."
45 article 236, replaced by the following: "article 236. to be elected or serving as a Union of association or executive director according to the provisions of article 229, is required to comply with requirements that identify their respective statutes".
46. replace article 237, by the following:
"Article 237.-for the first election of Board, will be eligible all workers who attend to the constituent Assembly and that meet the requirements to be Union director.
In the following elections of Trade Union directory, applications must be submitted in the form, opportunity and with advertising pointing the statutes. If anything they say, applications must be submitted in writing to the Secretary of the Board not before fifteen days or after two days prior to the date of the election. In this case, the Secretary must be notified in writing or by registered letter the circumstance of having presented a candidacy to the respective labour inspection, within two working days of their formalization.
They will be elected who obtain the highest relative majorities. In cases in which equality of votes arises, will be to have the Statute and if nothing says, only respect those who are in such a situation, a new election will proceed. "."
47 article 238, replaced by the following: ' article 238-workers of the enterprise, establishment of company unions, intercompany and eventual, or transient workers who are candidates in the prescribed manner in the previous article, shall be entitled to the immunity provided in subsection first article 243, since the directory in-office communicate in writing to the employer or employers and the labour inspectorate that corresponds " date that the respective choice should be made, up to the last. This communication must practice with an advance not exceeding fifteen days than the one in which the election is made. If the choice is postergare, immunity shall cease on the date on which had held that.
This rule applies also in the elections that must be practiced to partially renew the directory.
At the enterprise, the workers can enjoy the immunity referred to in this article, only twice during each calendar year. "."
48 be added in article 239, the following new second subsection: "the Statute will establish requirements of antiquity for the voting of election and censure of the Union directory.".
49 repealed article 240.
50 repealed article 241.
51 repealed article 242.
52 deleted in subparagraph first of article 243 prayer "(deel mismo modo el fuero no subsistirá en el caso de disolución deel sindicato, cuando ésta tenga lugar por aplicación de las letras c) (and e) article 295, or the grounds provided for in its articles of Association and provided that in the latter case, such causal packings fault or willful misconduct of the directors Union.".
53 repealed article 245.
54 article 246, replaced by the following: ' article 246.-all elections directory, voting for censure and scrutiny of them, must be made simultaneously at the way that determine the statutes. " If these nothing they say will be rules to determine the direction of the work. "."
55 repealed article 248.
56 repealed article 253.
57 repealed article 254.
58 replacements, in the fifth paragraph of article 255, the phrases "in which the captain, as a Minister of faith,", by the following: "that, as a Minister of faith, who or who determined the statutes,".
59 the second paragraph of article 257, replaced by the following: "the alienation of goods roots should be treated in this Assembly to the effect by the Board.".
60 Reemplazanse, in the first paragraph of article 258, the words "to the directory" by the expression "Directors les".
61 replace, in the third subparagraph of article 261, the final dot (.) with a comma (,), and then add the following: "to which you copy must be sent to the respective Act. Copies of these records will have merit Executive when they are authorized by a notary public or by a labour inspector. It is presumed that the employer has practiced the discounts, by the mere fact of paying the wages of the worker. "."
62 repealed article 264.
63 repealed article 265.
64 article 266, replaced by the following: ' article 266-means the union of three or more trade unions, and by Confederation, the union of three or more federations or twenty or more unions Federation. ".
65 added in article 267, following new second subsection: "trade union federations may establish in its statutes, which happen to have the quality of beneficiaries of the actions that develop the Organization in solidarity, employment and vocational training and for the period of time to be determined, workers who no longer have such quality and have been partners to the date of termination of the services , one of their grassroots organizations. "."
66 Eliminanse in the first paragraph of article 268, the words "or Confederation".
67 added, in the final paragraph of article 269, after the terms "article 223", the expression "with the exception of the first paragraph", preceded by a comma (,).
68 repealed article 271.
69 repealed article 275.
70 Eliminanse, in no. 2 of article 284, the expression "like for example:" and the seven paragraphs that follow, replacing him with the comma (,) that precedes the expression by a final dot (.).
71 repealed article 285.
72 be added in article 286, the following new second subsection, passing the current subsection second to be third paragraph: "trade unions contributions will be deducted and find out directly to them, in the terms provided for in article 261.".
73 replaced article 287 by the following: ' article 287.-the trade unions will be dissolved by the same established causal connection with the trade union organizations. ".
74 article 288, replaced by the following: "article 288-everything that is not contrary to the special rules governing them, shall apply to federations, confederations and stations, the rules laid down concerning trade unions, contained in this Book III.".
75 amending article 289, as follows: to) delete in the letter to) the phrase: "or to provide them with the information necessary for full compliance with its obligations";
(((((((((((((b) Insert the following letter b), new, passing the current letters b), c), d), e) and f), to be c), d), e), f) and g), respectively: "b) who refuses to provide the information referred to in the fifth and sixth subparagraphs of article 315; leaders of trade unions or the base", and c) replaced the letter f) (, which happens to be letter g), with the following: "g) which apply the provisions of a contract or collective agreement to workers to that referred to in article 346, without discount or delivery to the Trade Union of the discounted according to such standard features.".
76 Introducense the following amendments to article 292: to) be replaced in your paragraph first expression "a monthly tax unit to ten annual tax units", the expression "ten to hundred and fifty tax units monthly";
(b) replace in its third paragraph, the comma (,) located next to the expression "Courts of letters of the work" by a final dot (.), deleting the text that follows; and, c) Reemplazanse paragraphs fourth, fifth and sixth, by the following: "the labour inspectorate shall report to the competent court, the facts considered to constitute anti-union practices or unfair of them take knowledge, and accompany to the complaint, the corresponding audit report." Recorded facts that this report, give account shall constitute a legal presumption of veracity, pursuant to the final paragraph of article 23 of the decree with force of law No. 2, 1967, of the Ministry of labour and Social Welfare. Also, inspection may take part at the trial that this because you enter into.
Without limiting the foregoing, any interested party may denounce anti-trade union or unfair conduct and take part in the process. The parties may appear personally, without sponsorship of lawyer.
Receipt of the complaint, the judge will be mentioned to declare the respondent, ordering him to accompany all the background information it deems necessary to resolve. It will also quote to the same hearing the complainant and those allegedly affected, so exposed they deem appropriate on the facts.
The summons shall be made by certified letter addressed to the addresses listed in the audit report and shall be practiced within the period referred to in article 478 bis.
The aforementioned hearing shall be at a date not earlier than the fifth or later than the tenth day following the date of the citation. With the merit of the audit report, by the mentioned and other tests accompanied the process, which will appreciate in conscience, the judge will issue a ruling at the same hearing, or within 3rd day.
Where anti-union practice has involved the dismissal of a worker with respect to who has credited which is covered by immunity established in articles 221, 224, 229, 238, 243 and 309, the judge, in its first resolution shall, ex officio or upon request of a party, the immediate reinstatement of the worker to work, without prejudice to the provisions of the second paragraph of article 174 , in the relevant.
If the sentence given by established practice anti-union or unfair, in addition, it will have be remedied or amend acts that constitute this practice; the payment of the fine to that referred to in this article, fixing their amount, and that will be reincorporated immediately subject to labour law workers separated from their functions, if this has not been made before.
Copies of this sentence, should be referred to the Labour Directorate, for its registration. "."
77 article 294, replace by the following: ' article 294-if one or more of the anti-trade union or unfair practices established in this book or in the title VIII of book IV, have involved the dismissal of workers not covered by labor law, this will not produce any effect. "
The worker may attempt to appropriate action within the period referred to in article 168.
The worker may choose between reinstatement ordered by the Court or the right to compensation established in article 163, the corresponding surcharge and, Additionally, a compensation to be determined by the judge, which may not be less than three months nor more than eleven months of the last monthly salary.
If you opt for the compensation referred to in the previous paragraph, this will be set incidentally by the Court who knows the cause.
The judge, in these processes, should require the audit report referred to in the fourth subparagraph of article 292. "."
78 Add, then Article 294, following article 294 bis, new: "article 294 bis.-the Labour Directorate shall keep a record of the convictions by anti-trade union or unfair practices, and must publish half yearly payroll companies and infringing trade union organizations. For this purpose, the Court sent to the Labour Directorate copy of the respective fault. "."
79 article 295, replaced by the following: "article 295-trade union organizations shall not be subject to dissolution or administrative suspension."
The dissolution of a trade union organization, shall not affect the rights and obligations under which they are entitled to their affiliates, pursuant to contracts or collective agreements signed by it or by arbitral decisions that apply to you. "."
80 article 296, replace by the following: ' Article 296-the dissolution of a trade union shall be by agreement of the absolute majority of its members, held in Assembly quoted in advance established in its Statute and extraordinary. " This agreement shall be registered in the labour inspectorate that corresponds. "."
81 replaced article 297, first paragraph by the following: ' article 297-also the dissolution of a trade union organization, for serious breach of the obligations imposed on him by law or no longer comply with the requirements for their Constitution, declared by judgment of the Labour Court of the jurisdiction in which the respective organization is domiciled shall " to request from the Directorate of labour or by any of its affiliates. "."
82 repeal of chapter XI of title I of Book III.
83 replaced the article 309, by the following: "article 309-workers involved in a collective bargaining shall have the jurisdiction established in the legislation in force, from the ten days prior to the presentation of a project of collective agreement until thirty days after the subscription of the latter, or of the date of notification to the parties of the arbitration ruling has been given."
However, shall not be required to seek the impeachment of those subject to fixed-term workers, when that period expires within the period referred to in the previous paragraph. "."
84 section 313, replace by the following: ' article 313.-for the purposes specified in this book IV will be Ministers of faith the labour inspectors, public notaries, Civil Registry officials and officials of the administration of the State which are designated as such by the direction of the work. ".
85 article 314, replace by the following: "article 314.-without prejudice to the procedure of formal collective bargaining, at any time and without restrictions of any kind, may begin between one or more employers and one or more unions, direct negotiations without subject to rules of procedure to agree common working conditions and remuneration, for a period of time."
Temporary or casual workers unions may agree with one or more employers, conditions of work and remuneration for certain works or transitional operations or season. "."
86 Intercalanse, after article 314, the following new items: should be treated for groups of eight or more workers. "
(b) workers shall be represented by a bargaining Committee, not less than three members or more than five, chosen by those involved in the secret ballot held to a labour inspector.
(c) the employer is obliged to respond to the presentation made by the workers within a period of 15 days. If so you do not do so, shall apply the penalty provided for in Article 477;
(d) approval of the proposed end of the employer shall be paid by the workers involved in the secret ballot held to a labour inspector.
If it is forges an instrument without attachment to these minimum standards of procedure, this will be the nature of the contract of employment and will not produce the effect of a collective agreement.
However, if a company has signed a collective agreement, this shall not prevent the remaining workers can submit projects of collective agreement, in accordance with article 317.
Article 314 bis.-the Trade Union to bring seasonal farm workers, will have present or to the respective employers, a project of collective agreement which must give response within a period of 15 days from receipt of the respective draft Convention.
If the above answer is not verified, the labour inspection at the request of the Trade Union, may apercibir it within 5 days of the date of this application, to allow the response to be delivered, under penalty of the sanctions provided for in Article 477. The negative response from the employer, only empowers the Union to present a new project for the next season.
Direct negotiations should end, with a notice not less than 30 days at the beginning of the farming season.
Article 314 bis B.-it may agree in the negotiation referred to in the previous article, common standards of work and remuneration including especially among those, those concerning risk prevention, hygiene and safety; distribution of working time; rules on food, transportation, room and rooms cribs.
It will also be special object of this negotiation: a) agree rules on minimum pay governing workers affiliated to the Trade Union, and b) agree on the forms and modalities under which the agreed conditions of work and employment shall be fulfilled.
You can also, if parties agree it, agreed the future recruitment of a number or percentage of workers involved in the negotiation.
The provisions of these conventions, shall be taken as an integral part of individual contracts which are held during their term with those who are members of the Union and have the period of duration that fix you the parts, which may not be less than the respective season.
Article 314 bis c.-negotiations that seek the articles 314, 314 bis, 314 bis A and 314 bis B not are subject to the procedural rules laid down for formal collective bargaining, nor give rise to rights, privileges and obligations which are designated in this code for this.
Collective instruments which have been agreed shall be called collective agreements and shall have the same effects as collective agreements, without prejudice to the special rules referred to in Article 351. "."
87 Agreganse to article 315, following fifth and sixth subparagraphs, new: "all trade union or bargaining group company may request the employer within the three months prior to the expiration of the existing collective agreement, the background necessary to prepare the project of collective agreement. The employer will be required to submit, at the very least, the balance sheets of the two immediately preceding years, unless the company has one lower existence, in which case the obligation will be reduced at the time of existence of it; the financial information necessary for the preparation of the project refers to the months of the year on exercise and the global costs of labour for the same period. Also, the employer will deliver relevant information that affects the future of investments of the company policy, provided that it is not considered by him as confidential.
If there is no existing collective agreement in the company, such records may be requested anytime. "."
88 amended subsection first article 320 of the following form:
((a) replace the phrase "If the employer comunicare" by "the employer shall communicate", and the comma (,) following the word "collective" by the conjunction "and" and b) added between the word "Book" and the final dot (.), as follows: "or adhering to the project".
89 Agreganse to Article 327, following second and third subparagraphs, new: "in the negotiations in which the labor Negotiating Committee are the directives of one or more unions, may attend as Advisor to these, and by its own right, a leader of the Federation or Confederation to which are attached, without their participation be computed for the purposes of the limit established in the preceding paragraph.
Case of a negotiating group of workers belonging to a trade union intercompany, attend negotiations as an advisor of those, and by its own right, a leader of the Trade Union, also without that their participation be computable for the limit established in subsection first of this article. "."
90 amended article 329, as follows: a) Insert, in its first paragraph, between the word "invoke" and the final dot (.), as follows: ", being required as a minimum to attach copies of the documents referred to in the fifth subparagraph of article 315, when such history has not previously been delivered", and b) replace the second subparagraph by the following: "the employer will respond to the draft collective contract within fifteen days of its presentation. The parties, by mutual agreement, may extend this period by the term that they deem necessary. "." 91. disposed of in the last subparagraph of article 331 the following final sentence: "Will not be this procedural discrepancies with respect to the content of the basis for the employer to give its response or the quality of the background accompanying this it.".
92 Intercalanse following article 334, in chapter II of title II of book IV, the following new articles: "article 334 bis.-not however provisions in the second paragraph of article 303, the intercompany trade union may submit a project of collective agreement, on behalf of its affiliates and workers that adhere to it, employers that workers who are members of such Union occupy" which will be, where appropriate, have the right to sign the respective collective agreements.
To make this presentation, will be required to do so on behalf of a minimum of four employees of each company.
Article 334 bis-the employer will be voluntary or optional to bargain with the Union intercompany. Its negative decision must express it expressly within the period of ten working days after notified.
If its decision is negative, the company workers affiliated to the intercompany trade union may submit projects of collective agreement in accordance with the General rules of this book IV.
In this case, workers shall designate a negotiating Commission under the terms of article 326.
In any case, the existing enterprise trade union delegates be integrated, by its own right, the labor Negotiating Committee.
Article 334 bis B-if employers who presented the project of collective agreement, manifested its intent to negotiate in the form jointly, within the period established in subsection first of the preceding article, shall integrate a common bargaining Committee, which will be composed by a legal representative of each company. If these are more than five may delegate such representation to a Commission of up to five members, which shall be extended to Minister of faith.
In the case referred to in the preceding paragraph, the labor Negotiating Committee will be integrated by the Union directive or by the number of members designated by this. When they have discussed provisions applicable to a company in particular, must be integrated in addition by the respective trade union delegates and, in case of absence of these, by a delegate elected by the workers of the company involved.
The joint negotiating Committee, should provide a common response to the project, which may contain standard provisions for all how different companies for each of them.
The answer must be given within the period of 25 days from the expiry of the period of ten days provided for in the first subparagraph of article 334 bis A.
Article 334 bis c.-the filing and processing of projects of collective agreements referred to in the articles 334 bis A and 334 bis B, in matters not provided for in these rules, shall be subject to provisions in chapter I of title II of book IV and, as appropriate, to the remaining special of this chapter II rules. "."
93 article 346, replaced by the following: ' article 346-workers whom the employer made them extensive benefits stipulated in the respective collective instrument for those who occupy positions or perform similar functions, must provide the Union that has obtained such benefits, a seventy-five per cent of regular monthly contribution, during all the life of the contract and the Covenants of the same modifcatorios " from the date in which this applies them. If these more than one Union has obtained them, the contribution will go to the one indicated by the worker; If not do so means that you opt for the most representative organization.
The amount of the contribution referred to above, it shall be deducted by the employer and handed over to the respective Union in the same manner provided by law for Union dues and will be reset in the same way as these.
The worker that Medicaid of the Trade Union, is obliged to quote for this the seventy-five per cent of the regular monthly quote, during the entire period of the collective agreement and the amending Covenants on the same.
Will also apply the provisions of this article to the workers who, having been hired in the company subsequent to the signing of the collective instrument, agreed the benefits to which reference was made. "."
94 Add in subsection first of article 347, after the word "years", the following: "not more than four years".
95 added the following section 374 bis: "article 374 bis.-within the following forty-eight hours of agreed-upon strike, unless it referred to mediation or voluntary arbitration, either party may request the competent labour Inspector the interposition of their good offices, to facilitate the agreement between them.
In the performance of their duties, the Labour Inspector may summon the parties, together or separately, whenever it deems necessary, in order to bring positions and facilitate the establishment of bases of agreement for the signing of the collective agreement.
After five business days since any requested their intervention, unless the parties have reached an agreement, the Labour Inspector will terminate their work, must be made effective the strike at the start of the next business day. Without limiting the foregoing, the parties may agree that the Labour Inspector continue developing its management for a period of up to five days, extended the date that the strike must be made effective by this fact.
Hearings that are made to the Labour Inspector must stand up Act signed by the witnesses and the official concerned. "."
96 amending article 378, as following: a) repeal of the second paragraph, and b) Insert, in the third paragraph, between the expression "absolute majority" and the separate dot (.), as follows: "of those involved in the negotiation".
97 replace paragraph first article 379, the expression "absolute majority of them", with the following: "the absolute majority of those involved in the negotiation".
98 amended article 381, as follows: to) replace the heading of your first paragraph, by the following: ' article 381.-replacement of striking workers, shall be prohibited unless the last formulated offer, in the form and with the advance specified in the third subparagraph of article 372, consider at least: ".
((b) replaced into the letter to) of the first subparagraph, the final expression ", and" by a semicolon (;).
((c) replace in subparagraph b) of the first subparagraph the final dot (.) by a semicolon (;).
((d) add following the letter b), the following point (c)), new: "c) a bond of a replacement, that will rise to the equivalent of four building units for every worker hired as replacement." The total to climb this bonus will be paid equally to workers involved in the strike, within 5 days of the date when this is finished. "."
e) added below the letter c), new, the following paragraph second, new, passing current subparagraphs second, third, fourth, fifth, sixth, seventh and eighth, to be subsections third, fourth, fifth, sixth, seventh, eighth and ninth, respectively: "in this case, the employer may hire the workers it deems necessary for the performance of the functions of those involved in the strike , from the first day of this effective have fact. "."
((f) insert in the current third paragraph, which becomes fourth paragraph, between the expression "of made effective the strike" and followed dot (.), preceded by a comma (,), the following: "(siempre y cuando ofrezca el bono a que se refiere la letra c) of the first paragraph of this article", and g) added in the sixth subparagraph, that happens to be seventh subparagraph following the final dot (.) that is replaced by a comma (,), as follows: "(y el bono a que se refiere la letra c) of the first paragraph of this article.".
99 Article 477, replace by the following: ' Article 477-breaches of this code and its complementary laws, which do not have designated a special sanction, shall be punished with a fine from one to twenty monthly tax units, depending on the seriousness of the offence. "
Also, if the employer has hired 50 or more workers, the applicable fines will amount from two to forty monthly tax units.
However, if the employer has hired 200 or more workers, the applicable fines will amount from three to sixty monthly tax units.
For special penalties referred to in this code, its range will double or triple, as appropriate, if the conditions laid down in the second and third subparagraphs of this article.
However, if an employer has hired nine or fewer workers, the respective Labour Inspector may, if it considers this appropriate, authorise, at the request of the affected Party, and only once in the year, the replacement of the fine imposed by the mandatory attendance at training programs taught by the Directorate of labour, which, in any case they may not have more than two weeks.
Authorized replacement, if the employer does not comply with its obligation to attend such programs within the period of two months, will be the application of the penalty originally imposed, increased by one hundred percent.
Violations of the trade union immunity rules will be sanctioned with fines to tax, from 14 to 70 monthly tax units. "."
100 478 article replaced by the following: ' article 478.-shall be punished with a penalty a tax benefit of 5 to 100 monthly tax units to the employer that simulate the recruitment of workers through third parties, which claim shall be governed by the provisions of Article 474. " Without limiting the foregoing, employer and third parties must answer jointly and severally by the labour and social security rights that correspond to the worker.
Which use any subterfuge, concealing, disguising or altering its individualization or heritage and having as a result avoid compliance with labour and social security obligations that establishes the law or the Convention, shall be punishable by a fine to a tax benefit of 10 to 150 monthly tax units, increase in average monthly tax unit for each worker affected by the infringement knowledge of which will correspond to the courts of letters of work, subject to the rules laid down in title I of this book.
They fall within the concept of subterfuge, that referred to in the foregoing paragraph, any alterations made through the establishment of various social reasons, the creation of legal identities, the division of the company, or others that mean for the decrease or loss of labor rights, individual or collective, in particular among the first workers bonuses or allowances for years of service and among the latter the right to unionization or to bargain collectively.
The employer shall be obligated to pay all employee benefits that fishing workers who may bring them, in ordinary court of labour, together with the lawsuit that filed to enforce the liability referred to in the second paragraph.
The period of limitation that extinguish the actions and rights referred to in the preceding subparagraphs, shall be five years since obligations were enforceable. "."