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For a collective agreement to be binding, it must be approved by the Ely of Labour and Social Security this is called homologation in terms of Article 4 of the Law on Collective Agreements.

However, the Penal Code states that it shall be punishable with imprisonment from one month to ,ey year for a worker who has exercised violence against another to compel him to take part in a strike.

However, as arbitration is voluntary any of the parties could refuse it. Trade Union activities in the bargaining units Collective labour agreements ttrabajo within 27044 company or group of companies, shall meet the conditions established in the preceding paragraph and shall be submitted to the authority application ttabajo registration publication and deposit in accordance with the provisions of Article 5 of this Act.

The rules of collective agreements approved will be binding and can not be modified by individual employment contracts, to the detriment of workers. 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: An enterprise trade union may be granted “trade union status” only when another association holding the “trade union status” does not already operate in the geographical area, or the activity or category concerned.

Election lists that do not abide by the requirements of this Article cannot be formalized.


The most representative federations and confederations, acquire legal personality under the conditions of Article To engage in a founded discussion and to reach an agreement, that exchange must also include information regarding the distribution of the benefits of productivity, the current employment situation and forecasts of its future evolution.

In order to challenge an association’s most representative status, the petitioning association must have a “considerably larger” membership; and section 21 of the implementing Decree qualifies the term “considerably larger” by laying down that the association claiming “trade union status” must have at least 10 per cent more dues-paying members that the organization which currently holds the most representative status. 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.

Argentina – 2015

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. Territorial and Professional Level Collective agreement shall be submitted to the Ministry of Labour for approval homlogation.

Standards approved by collective agreements shall be enforceable and cannot be modified by individual contracts to the detriment of workers.

As there may only be one trade trabajk with trade union status at each bargaining level, the general representativity provisions apply:. To join the governing body of a trade union, a person is required: In order to be eligible for “trade union status”, unions representing a trade, occupation or category must show that they have different interests from the existing trade union or federation, and the latter’s status must not cover the workers concerned.

Constitutional provisions giving effect to freedom of association and collective bargaining rights: As there may only be one trade union with trade union status at each bargaining level, the general representativity provisions apply: Once approved,it is legally binding on all employers and employees included in the industry or the branch, within its territorial scope.


In case the conciliation proposal is not accepted by both parties to the conflict, the mediator will suggest referring the matter to arbitration art. Participation in tripartite bodies The court declared that the provision, which created a monopoly in the representation of collective interests was contrary to the freedom of association.

Politica. Ley contrato de trabajo by Lara Murad on Prezi

If agreements do not contain any clause violating public order or general interest standards, the Minister will issue an administrative act deciding on the approval of the collective agreement. Exchanging of information necessary for the purposes of the examination of the issues under discussion.

The Council has four permanent committeesnamely: When a labour dispute arises between the stakeholders and no solution is reached among them, any of the parties shall inform the administrative authority about the conflict in order to start the compulsory procedure of conciliation.

Conflicts of interest are within the jurisdiction of the Ministry of Labour and Social Security. The Ministry of LabourEmployment and Social Security, at the request of trabbajo party, may extend the application of a collective agreement to areas not covered by the scope of it, in the manner and conditions prescribed by the 02744.

The National Constitution of Argentina enshrines the following rights: Once representativity is established, the trade union may be granted legal personality and registered by the administrative authorities. All the resolutions concerning minimum wage setting since In all cases the representatives must have a minimum length of membership of one 1 year: Created by National Employment Law no.

Less than 50 members.