Marco Legal Laboral
Article 1.- This law is of general application throughout the Republic and regulates the labour relations contained in article 123, section A, of the Constitution. Article 2 Labour standards shall strike a balance between factors of production and social justice and promote decent or decent work in all industrial relations. The dependency that characterizes the employment relationship can be: In addition, the law establishes an independent General Council that investigates and prosecutes offenders before the Council. It also guarantees the right of workers to join workers` organizations and to bargain collectively. The NLRA prohibits employers and unions from engaging in certain “unfair labor practices” and requires both parties to bargain collectively in good faith. It also sets out guidelines and standards for determining which union represents a particular group of workers. The right to strike is guaranteed by law. In general, in the event of a conflict between the law and the Code, the law will prevail. The law stipulates that the employment contract of indefinite duration is subject to a trial period of 3 months.
During this period, the employee may be dismissed without compensation, but the employer must always declare and register this relationship with the Federal Administration of Public Revenue (AFIP) and in the company`s working documents, pay contributions and deposit social security contributions. Labor law is governed by federal, state, and judicial decisions. It is also governed by the rules and decisions of the administrative authorities. States may not interfere with written federal laws or policies promulgated by agencies created under federal law or the Constitution. The objective of labour law is to equalize bargaining power between employers and employees. First and foremost, these laws deal with relations between employers and unions. Labour law gives workers the right to form trade unions; They also allow workers and employers to engage in certain activities (e.g. strikes, pickets, cease and desist demands, lockouts) in order to comply with their demands.
The law introduced a new article (189 bis) on family businesses: persons over 14 and under 16 years of age may be employed in enterprises owned by their father, mother or guardian, but not more than 3 hours a day and 15 hours a week, provided that they do not perform heavy work, dangerous or unhealthy and they do not attend school. However, the family business must manage a permit issued by the Labour Administration. This approval will not be granted if the company is economically subordinate, contractor or supplier of another company. Other federal or state laws may govern employer-employee relationships that are not subject to this law. The Railway Labour Act (RLA) regulates labour relations in the railway and aviation industry. Federal public sector employees and organizations are subject to the Public Service Labour Management Relations Act, which is administered by the Federal Labour Relations Authority. For more legal documents in Spanish, please visit our friends at Justia México The tasks performed by the employee in the context of an employment relationship always give rise to the right to remuneration or wages and, therefore, to the employer`s obligation to pay them. Employment and social security schemes are regulated, inter alia: Employment contractWorking hoursMinimum age for admission to employmentDismissalsUnemployment insurance An employment relationship exists when a person voluntarily and personally performs tasks for another natural person or another company under his or her control and receives remuneration for doing so. On the other hand, there are collective agreements that establish wage contracts and working conditions for a particular productive sector.
In 1935, Congress exercised its authority to regulate interstate commerce, passed the National Labor Relations Act to regulate employer-employee bargaining and labor relations nationwide. The Act was amended by the Labour Management Relations Act, also known as the Labour Management Relations Act, in 1947 and the Labour Management Reporting and Disclosure Act in 1959. Most employers and employees engaged in interstate trade-related activities must comply with this law. It established the National Industrial Relations Board to deal with disputes between employers and employees arising from the Act and to determine which labour organization represents a particular group of workers.