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According to judicial interpretation, Decree-Laws have the same force as laws, and do not need to be confirmed by the Legislative once the constitutional order is re-established.
Collective agreements may also play an important role in labour regulation, particularly because they are legally binding, and usually cover very a wide range of industries or branches of industries.
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As a matter of fact, most workers are covered by a collective agreement. Case law plays a certain role, however limited, in actual labour regulation, to the extent that leading judicial decisions may clarify the actual bearing of labour law provisions.
According to the country s legal system, legal interpretation as laid down through decisions by superior tribunals is mandatory on lower tribunals with respect to similar cases. Whereas the decision it may take in such a case would not legally repeal such a rule it would, however, be binding on any other individual case where the application of the same rule would be at stake.
This means that the State would actually be obliged to amend the said rule, so that it becomes consistent with the Constitution. Fixed-term contracts of employment are, however, permitted, provided they are in writing, and they cannot be concluded for more than five years. Also, it is permitted to conclude contracts of employment under modalities such as part-time work and apprenticeship.
Probation The first three months of a contract of employment are considered a probation period, during which the contract may be terminated at any time by either party, provided the contract has been duly registered with the competent authority in charge of labour. Collective agreements may, however, extend probation up to six months.
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In small enterprises Other grounds for suspension are lack of work because of a downturn in demand, and disciplinary reasons, in which cases the suspension cannot be for more than thirty days within a twelve month period. Termination of the contract of employment A contract of employment may be terminated, other than on the initiative of the employer, in the following circumstances: unilaterally by the worker; by mutual agreement of the parties; on the death of the worker, or that of the employer when it results in the employer s activities coming to an end; on expiry of the agreed term, on account of bankruptcy or liquidation of the employer, and on the worker s retirement.
Below is a summary of the rules that apply in the case of termination of employment on the initiative of the employer: termination based on the worker s conduct: the employer may terminate the contract of employment by summary dismissal if the worker fails to discharge his or her obligations under the contract to an extent that is prejudicial to it, and if the seriousness of this failure means that the relationship cannot continue. In this case no notice is required, and no severance pay is due.
Notice must be given in writing with a sufficiently clear indication of the grounds for the termination of the contract. If the grounds are challenged by the worker, the burden of proving the existence of a valid reason for the termination rests on the employer.
Constructive dismissal A worker may terminate the employment relationship by constructive dismissal, if the employer fails to discharge his or her obligations under the contract. In this case the worker is entitled to payment in lieu of notice, and to an indemnity equal to that which is payable by the employer in the case of dismissal without cause.
Hours of work The legal working time is eight hours per day and forty-eight hours per week. This is because work is normally not permitted on Saturday afternoon and Sunday. Nonetheless, the competent authority may authorize exceptions to this rule, and in practice it does. Paid leave Paid leave is granted to workers who have completed at least six months of service with the same employer over a period of twelve calendar months.
During maternity leave the female worker is entitled to cash benefits paid out of Social Security funds. A woman worker is entitled to two daily breaks, of thirty minutes each, to breastfeed her child. This entitlement lasts for one year after childbirth, but it may be extended upon submission of a medical certificate.
The above entitlements are granted for each illness that prevents the worker from reporting to work.
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The public authority may, however, authorize these minors to work in enterprises in which only members of the same family are employed, provided the enterprise is not engaged in arduous, unhealthy or hazardous activity. Young workers may not perform night work Equality Discrimination is forbidden on the grounds of sex, race, nationality, religion, political opinion, trade union activity or age.
However, the minimum wage of most workers is determined in fact by collective agreements, which are negotiated at the industry or the branch level, and are legally binding on all workers and employers in the respective industries or branches.
This minimum may be increased by company level agreements or the individual contract of employment. It is calculated on the basis of the average annual pay, and is made in two equal payments, respectively in June and December. In the case of insolvency of the employer, the workers claims are protected by a privilege so that they enjoy priority with regard to other creditors, including the State and the Social Security, but not secured creditors in respect to assets which are attached by a mortgage or a mechanic lien.
Under this law all workers have the right to establish and to join trade union associations of their choice, without prior authorization. So a Yahoo Argentina user searching for Yesica Toscanini gets a nearly blank page citing the judicial order. The issue of liability over third-party Internet content has long been debated in the United States and Europe.
Congress has largely shielded content carriers in the United States over what third-party sites put up. Yet the Argentine cases are unusual, Internet legal experts say. He said China was the only other country requiring search engines to decide what was acceptable. The best dating sites. By clicking log in argentina dating android apps are a argentina dating has become one of minutes. Thousands of features to find other singles are our argentina to get a dating in minutes.
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