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Only then, the latter will enter into force.

Mandatory conciliation is foreseen in Art. Collective agreements must be in writing and shall contain: No Approval by workers’ representatives: Employee delegates, internal committees and similar bodies may be established in the workplaces as appropriate, at the headquarters of the company or institutions.

In case both parties accept it, arbitration awards are legally binding for the parties. In that case, once the conciliatory procedure is finished, the parties may resort to direct industrial action measures.

Approval by public administration or judicial bodies: No provision found in legislation regulating the frequency of meetings.

Argentina – 2015

The parties are obliged to negotiate in good faith. Notice requirements must however be observed.

Health and hospital services; production and distribution of drinking water; electricity and gas; and air traffic control are considered as essential services.

The Economic and Social Council is a tripartite statutory body that has not yet been established. Argentine law provides special protection from employment termination to some specific classes of workers, including: To join the governing body of a trade union, a person is required: In addition, to determine the percentage of the base amount the highest net salary earned by the worker in the six months prior to the termination of the employment contractwhich will serve as the first four months of unemployment compensation.

Economic and Social Council of Argentina. There are currently 2 Economic and Social Councils that operate at City level, namely: It counts on five members with tenure and five substitutes who shall be named by the government; four of them at the proposal of the business councils, the two central unions, the national interuniversity council and the federation of lawyers associations.


No limitation on the number of FTC, as long as the duration of the employment relationship does not exceed 5 years art. If the Administration does not make a decision within 10 days, the agreement will be considered authorised. As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: If no agreement is reached, or if the agreement is not officially registered, the dismissal can take place.

When an employer decides to dismiss a worker for good cause, notice of the fact must be given in writing with a sufficiently clear indication of the grounds invoked for the termination of the contract.

It is essential that the agreement does not contain clauses that violate the rules of public order, or which affect the general interest. The most representative confederations are those which affiliate with unions with legal personality that are deemed to have the largest number of contributing workers.

With regards employees that joined the enterprise during the same semester, those with less family obligations will be dismissed before, even if that alters the trabamo tenure order. Workers protected by articles 40, 48 and 50 of this Act contrxto be suspended, dismissed or have their contractual conditions modified without a judicial decision excluding contrqto protection, in accordance with the procedure established in Article Prior consultations with trade unions workers’ representatives: Collective labor agreements are concluded between a professional association of employers, an employer or group of employers, and professional association of workers with legal personality.

Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security.

An enterprise trade union may be granted “trade union status” only when another association holding the “trade union status” does not df operate in the geographical dd, or the activity or category concerned. There are representatives of all social, technical, professional, sporting, cultural and neighbourhood associations included. The arbitration award will have the same effect as a collective agreement. Fixed-term contracts or “determinate contracts” are employment contracts for specified periods of time where the contract duration is expressly written into the contract art.

Collective bargaining regulated by this law will be comprehensive of all labour issues that integrate employment, both wage content and other conditions of work, except for the following: Less than 50 members.


Employment protection legislation database – EPLex

She must also be guaranteed contrto of employment, which will constitute an acquired right from the date cotrato which she notifies her employer of the fact that she trabajoo pregnant art.

Excluded from the application of the rules on joining trade unions and concluding collective agreements for state workers are: Where a conflict that arises has no solution between the parties, either party shall, before resorting to direct action, communicate to the administrative authority, to formalize procedures of compulsory conciliation.

The minimum wage is officially recognized as provided by art. Union representatives shall have the guarantees necessary for carrying out their union tasks and those related to the stability of their employment. If such threshold is not reached, the crisis prevention procedure is not compulsory. The reasons for refusing a worker from affiliating to a trade conntrato are: The employer is in charge of providing evidence that a contract is a fixed-term contract art.

When where there is no trade union with trade union status in the workplace, the function can be fulfilled by members of a merely registered trade union. Maximum number of successive FTCs: The Council has four permanent committeesnamely: The exclusive rights of the union with legal personality are: Appointing negotiators with sufficient authority.

Collective labour agreements concluded within a company or group of hrabajo, shall meet the conditions established in the preceding paragraph and shall be submitted to the authority application for registration publication and deposit in accordance with the provisions of Article 5 of this Act.

All the terms of a collective agreement collective agreement, upon its expiry, maintain full force until a new collective agreement to replace it is concluded, unless the expired collective agreement had been agreed otherwise.

Once approved,it is legally binding on all employers and employees included in the industry or the branch, within its territorial scope.