Law the Ley de Contrato de Trabajo (LCT, Labor Contract Law). Crafted in under a conservative dictatorship and modified only slightly ever since. The bill also proposes various changes to Labor Contract Law (Ley de Contrato de Trabajo, or “LCT”) No. 20, A category called. 20, (“LCT”) – libro de sueldo- or in labor documentation that takes its place, according to the particular regimes; and b) simplified AFIP.
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Food, Drugs, Healthcare, Life Sciences. Specialist advice should be sought about your specific circumstances. Laboratories and other healthcare industry companies granting payments and benefits to physicians may face different liabilities under Argentine Law, calling for a cautious and thorough analysis before any marketing action based upon those gratuities is 20474.
Amnesty and Moratorium “.
Labor Reform: Amnesty and Moratorium
Bill Submitted to the Argentine Congress”. For the calculation of compensation for dismissal, it excludes from the salary base, in line with the plenary ruling “Tulosai”, the proportional part of the annual supplementary salary, the non-monthly bonus paid subject to performance evaluation, and all compensation and recognition of expenses.
Also, it proposes to create a license for particular planned reasons, of up to 30 consecutive days per calendar year, without the benefit of salaries.
Bill Submitted to the Argentine Congress November 30, The debate is now in the hands of the Argentine Congress. Foreign companies registration in Argentina has just been greatly simplified by the Public Registry of the Autonomous City of Buenos Aires. Argentine labor laws apply to all employees working in the country, regardless of their nationality. The Bill proposes to modify the concept and scope of employment registration, as it provides that the employment relationship or contract is considered registered when the employer registers the employee in: It would maintain a fine equivalent to 3 times the highest monthly remuneration, applicable if the employer does not generate the certificate according to the procedures provided, nor carry out the rectification ordered by the judicial authority, within 2 working days computed as from the formulated demand by the worker or judicial authority.
Hiring workers in Argentina is one of the next steps a foreign company wishing to do business has to undertake once it has set up its business organization .
The new wording proposed for Section of the LCT is novel for various reasons. Hiring workers in Argentina: Media, Telecoms, IT, Entertainment.
Following, you will find a brief registration of the upcoming timeline that will be in force as of 17 September read more. The request for retirement in Argentina has suffered an increase in age as a result of the Pension Reform Law No. Recent articles in our Legal Blog.
The bill proposes to refer to the proceeding contemplated by the collective labor agreement, or to the competent judicial proceeding, which would be ordinary or summary at the discretion of the competent judge. During this probationary period, the employer may terminate the agreement at any time, with the sole obligation of serving a day prior notice, or pay the salary corresponding to those days in case of lack of said prior notice LCT, Article Number 92 bis.
Under the first topic dedicated to the regularization of non-registered employment, the labor-registration chapter would modify the current fines scheme of National Employment Law Ley Nacional de Empleo No.
Teamwork has specific regulations. Real Estate and Construction.
Labor Reform: Amnesty and Moratorium
Energy and Natural Resources. In the meantime, for additional information on these or any other issues related to doing business in Argentina, please, sign up for our Legal Blog or contact us at any lc. A category called “economically linked autonomous professional workers” would be created, which would be excluded from the scope of the LCT.
In this sense, for lack of registration or a registry deficiency on the date of income or remuneration, the computation and beneficiary of those fines found in Sections 8, 9 and 10 lcct said law would change. Without prejudice to maintaining the current compensation system, the reform bill also contemplates the creation of a “labor cessation fund”, at a conventional level, by activity, to assume the costs of notice and dismissal without cause.
It translates into an ambitious goal to substitute and replace the employer in the compliance with the indemnity obligations for dismissal, and includes other types of termination contemplated. The bill also seeks to modify 2044 of the LCT and establish a system to update the labor credits in accordance with the rate set by the Argentine Lcy Bank for the Purchasing Value Units Unidades de Valor Adquisitivo or UVA corresponding to its mortgage credit operations, from the date in which they had to be paid until the date of its effective payment.
For advice about particular facts and legal issues, the reader should consult legal counsel. Foreign workers may be freely hired, as long as they first apply for, and are granted a temporary residence by the Argentine migration authorities .
However, they are entitled to a weekly rest. In sum, the labor reform bill aims to update labor legislation, in line with the modifications approved in other countries. The Bill provides a regime of regularization of unregistered employment whereby employers will be able to register employment relationships in the private sector, and rectify the actual remuneration or hiring date of the employment, with the exception of those related to domestic service, establishing the following benefits: The workday may not exceed nine hours a day or 48 hours a week.
However, collective bargaining negotiations always set higher basic salaries for the different productive activities. This article is intended to provide readers with basic information concerning issues of general interest, It does not purport to be comprehensive or to render legal advice. The Bill provides a regime of regularization of unregistered employment whereby employers will be able to register employment relationships in the private sector, and rectify the actual remuneration or hiring date of the employment, with the exception of those related to domestic service, establishing the following benefits:.
Employers will have three hundred and sixty days from the date of entry into force of the regulations of this law to regularize employment. The current duplication of compensations is eliminated for: 220744 the new scheme, it is proposed to repeal Section 15 of Law No. It has been clarified that such workers will be governed by a special statutory regulation prepared by a tripartite technical commission.
Labor Reform: Bill Submitted to the Argentine Congress
Public policy has a decisive influence on labor laws, and hence most legal provisions are of an imperative nature and may not be overridden by individual agreements.
Overtime may not exceed 30 hours a month or hours a year unless authorized by the relevant labor authority. The content of this article is intended to lch a general guide to the subject matter.
Directors and managers are excluded from any shift limit and do not earn an extra salary when working longer hours.