With regards to the capacity to modify the forms and modalities of work ( Ius Variandi), the special preliminary injunction would be eliminated so that the worker may pursue the restoration of the altered working conditions. Nor would solidarity apply to transport services of persons, to and from the establishment or exploitation. In line with the requirement partially bypassed by the jurisprudence contained in the first paragraph of Section 30, referred to the "normal and specific activity of the establishment" (“ actividad normal y específica propia del establecimiento”), the bill proposes to exclude solidarity in cases of jobs or services that are contracted or subcontracted to perform complementary activities of cleaning, security, assembly of facilities or machinery, emergency medical services and hygiene and safety at work, gastronomy and/or information technology, which are carried out in the establishment or operation. A term of 30 days to show the recites and records of compliance with labor obligations is established as from the demand of the worker and/or the administrative authority.Īmong the relevant novel changes concerning solidarity, it is proposed that cedants, contractors or subcontractors will be exempted from joint and several liability when they comply with the control obligations and accredit it before the competent administrative and/or judicial authorities. In this sense, the cedants, contractors or subcontractors must inform the workers’ trade union association representative that act in their fields, each of the hiring of personnel. Regarding labor solidarity by subcontracting, various changes are proposed to Section 30 of the LCT. It would limit the scope of non-renouncement in the individual contract, allowing for the execution of agreements that modify the essential elements of the contract but subjecting the validity thereof to the approval by the Enforcement Authority ( Autoridad de Aplicación), pursuant to Section 15 of the LCT, and demanding that the worker be assisted by the trade union or that has legal representation. It has been clarified that such workers will be governed by a special statutory regulation prepared by a tripartite technical commission. This category includes those who provide specialized services, carrying out an activity for consideration, in a habitual, personal and direct manner, for a natural or legal person, from which results economically up to 80% of their annual income and/or not more than 22 hours per week of dedication.
Ley del contrato de trabajo 20744 professional#
20,744:Ī category called "economically linked autonomous professional workers" would be created, which would be excluded from the scope of the LCT. The bill also proposes various changes to Labor Contract Law ( Ley de Contrato de Trabajo, or “LCT”) No. For further information about this issue please see: " Labor Reform: Amnesty and Moratorium" 25,323, which establish duplication in compensation for dismissal. Completing the new scheme, it is proposed to repeal Section 15 of Law No. According to the reform, the fines under Law 24,013 would be assessed to the Social Security Bodies ( Organismos de Seguridad Social) instead of the affected employee. As such, instead of being calculated on the remuneration omitted from the records, a fixed amount would be established (50% of the minimum wage, vital and mobile) for each month not registered or deficiently registered.
Ley del contrato de trabajo 20744 registration#
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 of said law would change. 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. It also pursues the implementation of tripartite social dialogue with representatives of the State, workers and employers and strengthens the instances of dialogue between workers and employers. The bill establishes as objectives the implementation of human development, economic progress with social justice, the productivity of the national economy, the generation of employment, and workers’ professional training (according to Section 75, Subsection 19 of the Argentine Constitution).