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NEAR THE BOAT MUSEUM OPENS

El capitel con figuras en barca es un tema recurrente en las iglesias de la provincia de Burgos que se suele agrupar en la llamada "Escuela de Mena - Villadiego". Está presente, por ejemplo, en Siones, Vallejo de Mena, Fuente-Urbel o Boada de Villadiego, y sus interpretaciones son diversas y varían según la iglesia. Se habla Fisheries commonly Milagrosa (Source-Urbel, Boada) or pilgrims traveling by boat (Vallejo).

Source-Urbel. Pesca Milagrosa

One of the most interesting capitals of this type is found outside the central window of the apse of the fence, not far from Medina de Pomar. First, the typology of the capital, whose sculpture is beyond the limits of the horse to take the abacus and the adjacent wall. Secondly, so clear interpretation: here the scene is identified with the catch of fish because the fishing net, very schematic, es visible claramente detrás del barco, aunque el relleno moderno de la ventana la tapa parcialmente (en otros capiteles similares la identificación se debe a que son visibles peces junto al barco).

La Cerca. Pesca Milagrosa

El principal punto de interés de este capitel es, sin embargo, el barco de los pescadores. Si en otros capiteles, como el de Fuente-Urbel, se enfatizaban las figuras y el barco era una representación esquemática, en este se trata de una reproducción detallada de un barco del siglo XII.

Hasta la difusión de la coca en el siglo XIII la mayoría de los barcos medieval based on the progress made by the Vikings to the ninth century. The langskip Viking war ship, was narrow and elongated, with the bow and stern curved upward, and was built by the clinker system, ie the rows of tables were superimposed Hull and were fastened together by nails perpendicular to them, what I was getting a seal than that obtained by juxtaposing the tables. The Knarr was a trading ship, wider and rounded but otherwise very similar to langskip . The excellent qualities of these boats did serve as inspiration for medieval ships, que copiaron sus formas y avances técnicos. Aún hoy en día algunos barcos de pesca escandinavos y portugueses muestran grandes similitudes con el knarr .

En efecto, en el barco de pesca del siglo XII representado en el capitel de La Cerca se pueden ver tanto las tablas montadas en tingladillo, con tal grado de detalle que se aprecian los clavos y la separación entre las tablas de la misma hilera; como la forma del casco con la proa y la popa curvadas. El escultor, evidentemente familiarizado con el mundo de los barcos, nos dejó en el capitel un buen testimonio de la construcción naval medieval.

La Cerca. Detail. Note the clinker.

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UNEMPLOYMENT INSURANCE


Which deals I have to do to collect Unemployment Insurance ?

by Dr. Marco Cabrera professional advice
The application process for personal benefit is not accepted intermediarios.Para start the process, you must make an appointment through the hotline ANSES ( 0-800-222-6737), taking into account what follows: The grant is pending in the ANSES, according to the National Employment Law number 24,013 and the amount shall not be less than TWO HUNDRED FIFTY PESOS ($ 250) and not exceed FOUR HUNDRED PESOS ($ 400) mensuales.La unemployment benefits includes: * Provision unemployment economy: The duration of support and the amount depends on the time worked. Those who were employees (6) to 11 months will be entitled to a benefit of 2 months, who were employees from 12 to 23 months, may charge four monthly installments of 24 to 35 months, 8 payments and 36 or more 12 installments. Likewise when the worker has FORTY-FIVE (45) or older, the total time unemployment insurance will run for SIX (6) additional months, for an amount equivalent to seventy percent (70%) of the provision Providing medical care .* original according to the provisions of laws 23660 and 23661 (eg. Social Work) * Payment of allowances extraordinary family or received by the employee before dismissal * Computation of the performance period for the purposes previsionales.Los requirements that ask the subject are: • Dismissal without just cause, force majeure or lack or reduction of work company, bankruptcy or reorganization of the employer, termination of contract by the deadline or the end of the task required: • Have the number of Cuil (Unique Labor Identification Code). • Support a minimum period of work with contributions to the SSS Social. For example, there are 12 months during the 3 years preceding the dismissal, 90 days during the 12 months prior to retirement or at least 12 months in the last 3 years preceding the reversal. • Do not receive benefits or non-contributory pension. • Perform the procedure within 90 working days after the date of despido.Los documents (original and duplicate) are to be submitted : • Document proving the dismissal (telegram or letter paper). • Judgement certified by the bankruptcy court. • Contract or notice of dismissal with employer's signature certified by bank, clerk or officer of ANSES. • ID • Pay stubs for the last 6 months or month to better remuneración.Las obligations of employees to undertake the management will: • Assist training courses for which it is convened. • Provide all documentation requested. • Accept the controls to be established. • Introducing the jobs that are offered by the Ministry of Trabajo.Para more information see: ANSES and Decree (Executive) 267/2006, which provided that as of March 1, 2006 will increase the minimum and maximum amount of the monthly unemployment benefit, which shall be fixed in the sum of TWO HUNDRED FIFTY PESOS ($ 250 ) and FOUR PESOS ($ 400), respectively. Extending the minimum period of contribution to the National Employment Fund, so that those who listed a minimum of SIX (6) and ONCE (11) months shall be entitled to an allowance of two (2) months. Likewise when the worker has FORTY-FIVE (45) or older, the total time unemployment insurance will run for SIX (6) additional months, for an amount equivalent to seventy percent (70%) of the provision original. Those accessing the extension will be required to participate in programs designed to promote employment and training to propose to the Ministry of Labour, Employment and unemployment benefits SOCIAL.La under Article 112 of Law 24013 (Law Employment National) applies to all workers whose contract is governed by employment contract law, is not applicable to domestic workers, or the National Agricultural Work Scheme, and who no longer serve on the National Public Administration, Provincial or Municipal affected by administrative rationalization.

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casual workers bs as housework

by Dr. Miguel Cabrera professional advice

Workers who are employed by a temporary services company to provide services in another company , in the form of casual employment, have a relationship work with certain specific nuances that are noteworthy.
First Article 99 of the LCT, defines a temporary work contract, as one in which the worker's activity is exercised under the jurisdiction of a third employer to the satisfaction of concrete results, in view taken by Parliament, relation to predetermined special services or extraordinary and temporary requirements of the company, since it can not provide for a fixed term for the completion of the contract.
is very important to note that the employment relationship will be covered by the scheme, provided it met the requirement of the event. If the causes are not real will be reported against the case provided for in Article 29 of the LCT, which consider these employees as directly dependent on the company which effectively perform their tasks. The latter being responsible for all obligations of the employer.
in casual labor contracts there is a working relationship that Decree 342/92 determined as "permanent and discontinuous", stating that the disruption entered various temporary work contracts between business users may not exceed 60 consecutive days or 120 days a year alternating anniversary. Within that term, you must notify the new destination may be in other activities and at other times, but you will never force the worker to accept a job at night or unhealthy. In turn, the new target must be within 30 km of the worker's home.
After the deadline set, without being informed by a reliable means assigning a new destination, the worker may terminate this contract and be entitled to severance pay and seniority after demanding reliable for 24 hours.
Throughout the period in which the employee is serving in a particular company, will be covered by the collective agreement of that activity, represented by the union and benefit from the social work of the activity or class.

Every relationship work is different and must be analyzed in depth the different situations, so if you have any concerns, please send your concerns to professional advice

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by Dr. Miguel Cabrera professional advice

Given the need to establish a legal framework to regulate and combat unregistered work in domestic services, the Province of Buenos Aires, through its Ministry of Labour, has been "reactivated" existing legislation at national level, which allows to protect the activities within a regulatory framework appropriate, against the scourges of informality.
Thus states the significance of the labor card as proof of employment contract, containing relevant data such as date of admission and discharge, wages paid, and as a means of unquestionable educational purpose, since it contains the transcript of the core standards relating to domestic service.
By Order of the Ministry of Labour of the Province of Buenos Aires No. 38 of this year, is awarded to the aforementioned book of work established by Decree-Law Nr 326/56, the nature of documentary proof of employment and ratified character of public documents. Another important point
to consider is the "free", since it states that "The book will be issued and initialed work for free at the request of the worker by the Regional Delegation of Labour and Employment of the Ministry of Labour for his home."
The requirements for a domestic worker to get your book are:
The presentation of a good health certificate attesting fitness for work issued by the official agency of the Province of Buenos Aires.
The presentation of identity card.
Two passport-sized photos.
The certificate of good conduct must be renewed annually by the incumbent and submitted to the Regional Delegation Working and Employment, who shall record in the book.
The work book kept by the employer in the place of supply of services and should be returned to the worker to end the employment relationship within a period not exceeding five consecutive days.
After the employment relationship, as I mentioned in the preceding paragraph, the employer shall provide work-book should require the employee, proof of receipt, stating the date of delivery and the signature of the employee.
The resolution provides that, in the event of loss of the book or where the worker performs services for two employers simultaneously, the Regional Delegation Working Employment and corresponding issue-free, at the request of the employer-copies of the book relevant work should be completed in each case the requirements for obtaining it.
For the first days of August this year 2005, all domestic workers to have initiated the process to have your workbook, employers being obliged to require such a situation. The rule adds a direct relationship with the latter, that "In case of refusal by the employee, the employer will only be relieved of the responsibility that entails a breach of the provisions of this resolution by a reliable accrediting giving notice to the employee to initiate the respective procedures.
Finally, this resolution makes reference to the various actions considered as an offense, namely
recruitment and / or continuity of employment with a domestic service worker lacks the corresponding work book.
Lack of registration in book work by the employer, any of the information required in a mandatory-see policy.
The failure to deliver the book to the worker end the employment relationship within the prescribed period.
To close this article, I want to emphasize that both the Decree-Law 326/56 and Decree 7979/56, which form the legal basis of this resolution discussed are applicable nationwide and are in force.

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monotributo

By Dr. Marco Cabrera professional advice

is common to arrive in my mail inquiries about the possibility of "hide" a employment by the worker becomes monotributistas, thus avoiding labor costs contained in the contributions by the employer.
In my opinion, and my clients well know, what at first sight seems to savings in labor costs, becomes an extremely expensive problem to the first difficulty is present in the employer - employee relationship, and who have suffered, know that the "issue" is much worse at the time of effective dismissal or upon the occurrence of an accident.
Why say this? Because at the breaking of the employment relationship, most likely the unhappy employee may use a labor lawyer who will not hesitate, in most cases, to consider that this ratio is more than a disguised employment relationship, initiating appropriate actions via complaint with the Ministry of Labour and concluding such differences, with judgments generally adverse to the employer.
Therefore, even if the worker bill issue, the employer is exempted from the performance and employee contributions for the duration of the ill-named "location service."
addition, and even doubted whether the "consideration of such savings, if the worker dismissal intimacy before the adjustment of employment, the employer shall complete not only the payment of these dues and contributions, but must also pay the fines provided for by law, in case the relationship is characterized as "labor." All this without considering that the dismissal is made effective, because if so, the employer will also be required such amounts as the law defines as indemnification of cessation of employment for reasons not justified.
And last but not least, the Ministry of Labor does not regulate covert work situations, so that if an employer makes the worker bill would rectify the situation to avoid the problem facing a "potential threat" and achieve a settlement approved, no I could do, since this Ministry requires a form signed by the parties with the date of the worker's income and other data such as pay, status, if subject to agreement, etc., demand that can not be completed for the simple reason that the "Monotributistas worker" is not registered in the books business.
All this is of their own labor standards that determine the fact of service presumes the existence of an employment contract.
is important to note that the subordinate employee works for and on behalf of another person who assumes business risk. This means that the worker is outside the "luck of the business" or type of business of the company.
In general, one way to analyze whether a relationship can be classified as labor, is by studying so-called "dependency notes." It is said that employment relationship exists when a worker is subordinate legal, technical and economically to a person or entity, to whom he owes such subordination. Detail about these concepts:
a) There is a legal unit when a person, whether natural or juridical, has the power to impose conditions and sanctions on the work of others.
b) There is a technical unit where a person or entity, determines how and when you will develop the work of others (ie, establishing the who, what, how, where and when).
c) Finally, there is economic dependence, where a person or entity, has the power to compensate, at its discretion, the work of others and this last paid regardless of business risk or business line of business (this is true even if within the salary is similar concepts include commissions or participation in profits).
To end this article, I describe some events that presume the existence of employment relationship:
- As discussed earlier, the very fact of providing services presumes the existence of "employment contract" (Art. 23, Law of Contract Working).
- Let there be a different person from the worker to assume the risks inherent in the shift of business, presumes the existence of an employment relationship.
- Personal work supplied to an individual or legal within their own premises, in a stable and repetitive, presumed contract.
- The fact that a person occupies the same position in a company which will be elected to a subordinate worker, it may be presumed subordination and therefore employment, regardless of the name of his office, job or position.
- The worker is subject to a work schedule, it may be presumed lack of independence.
- The payment of services (eg. Honoraria, per day, commissions, task, etc) is not a condition to prove the nonexistence of an employment contract.
-For case (Judgement Against Company Fernández Collective Coastal Creole) Self-enrollment is not a determining factor in establishing the nature of the relationship, because this type of registration can be a source of voluntary affiliations and employers because they often require registration as a condition for the granting of tasks.
- The correlation in the number of bills or property "only customer," presumes a relationship laboral.En do so, the qualification that an employer give to a service provided by a worker, it is irrelevant to its legal treatment , so that even having a contract of lease of services, or existing by the employee turnover, these situations do not exclude the possibility of considering the existence of "employment" or "work in dependent

at which more profitable for the employer to workers and employers are registered to consult with a lawyer when in this situation

professional advice

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black work

is commonly called "black work" to the employment relationship that is not registered or is partially registered (ie remuneration set out in the paycheck is less than that seen in hand or when the date of commencement of activities contained in this bill is different from the actual date of admission).

The two situations are expressly covered by employment law and give rise to similar claims.

First we must ask what consequences disvaliosas brings the fact to work "black" as a summary we can to list the following:

1 - Those who are in an employment relationship is unregistered health coverage you or your household

2 - No coverage for risks of work

3-Nor is protected against the contingencies of invalidity, old age or death

4-No se le abonan asignaciones familiares y si es despedido no se le otorgara seguro de desempleo

5-No podrá acceder al beneficio jubilatorio.

Para enmendar esta situación el trabajador debe notificar fehacientemente a su empleador a fin de que regularice su contrato de trabajo de acuerdo a los datos reales de su relación laboral (remuneración, fecha de ingreso, categoría) y debe comunicar con un plazo máximo de 24 hs a la A.F.I.P sobre esta situación. El empleador una vez notificado tiene un plazo de 30 días para regularizar la relación laboral.

En caso de no hacerlo o manifestar en en plazo menor su decisión de no regularizar the worker can be considered dismissed without cause and build up to the severance pay the fines than 24,013 law (employment law) foresees as a sanction for those who have within your company or unregistered workers.

fines should be noted that the Employment Act are very onerous for the employer, which generated according to the seniority and employee severance pay very high for this.

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monotributistas

The fact that a person serving for another presumes that there is an employment contract and therefore indicates that we are against an employee.

a worker is considered dependent requires compliance by the employer of all labor and social obligations that the laws indicate (vacation pay, bonuses, social work, retirement contributions, ART etc) There are times, indeed exceptional, in which a worker can be considered autonomous and the regime the worker is dependent not aplica.Por example the owner of an undertaking (an electrician or doctor) who works for several people, manage their schedules at will and decide on their own and based on their skills as the job runs assuming economic risk of its business, investing and seeking to profit from their own, a farm worker could be considered autonomous and if fraud is not a law that adhered monotributo and issue the invoice in exchange for their salary. Will be all a matter of proof. But as we said these circumstances are exceptional and justice analyzes them very narrowly. However

today, to oblige those who actually works in a dependent who is registered as monotributistas and issue invoices in exchange for his salary is a common practice to set a fraud to labor laws, fiscal and pension. However, for labor law this type of contract is generally called "location of services or work" are zero once it is established in court that there really was a relationship of dependency. Therefore assimilate the situation unregistered workers or black in terms of how to address the complaint and the sanctions that provides employment law.

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dismissal

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Dismissal:

dismissal is one of the reasons why the contract can be terminated work. It is recalled that the dismissal is a valid legal act, a right of the employer and according to the way that dismissal was labor law assigned different responsibilities.

In general terms one can speak of two types of dismissal:

1) dismissal for cause, is decided by the employer as for the failure by the employee of the obligations arising from contracts of employment are such magnitude and gravity that make it impossible to continue the employment relationship.

However, we must understand that some of the principles of labor law is "the continuity of the employment contract", ie that the Act has provided that the employment relationship is maintained over time, so the just cause which is called to extinguish the link has strict formal and substantive requirements to meet in order to achieve the pursued legal effects, among other things, the dismissal must be duly notified, the cause must be of such gravity that prevents continuing the bond, notice of the cause must be served contemporaneously with the making of knowledge by the employer also the cause must be proven by the employer with the means at its disposal etc.

In this case does not create obligations for compensation for the employer limits the same to give the employee his final settlement and employment certificates.

2-The other case of termination of employment is dismissal without just cause. This occurs when the employer unilaterally terminates the relationship Working without invoking a causal fair, in this case included a false cause or causes can not be proven. It is also considered groundless dismissal when the behaviors and attitudes of the employer to his employee is clear that it does not consent to continue the employment relationship, eg abuse

continuous disproportionate penalties, failure to pay compensation etc. beyond that in these cases there will be adequate notice to terminate the labor contract law protects the worker is deemed dismissed without cause and that the behavior of his boss makes him impossible to continue the link. Also this type of dismissal should be duly notified by the caller, and the employee is considered to be fired shall notify as soon as possible as not to report to work (as is the will of the employee when the injuries it becomes impossible to continue employment relationship) can be framed in the figure of "job abandonment."

groundless dismissal results in the heads of damages under Article 245 of the LCT, others as appropriate

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unregistered work

by: Dr. Marco Cabrera
professional advice

The purpose of this is to develop the theme of "informal employment" and thus reflect the social reality and its consequences for the worker on the Rep Arg.

I. Introduction: Rep. Arg Law No. 24,013 is to promote productive employment, prevent and punish tax evaders and practices among other purposes to establish a proper employment policy. Under article 7 of the Act referred to the employment relationship or contract of employment is recorded when the employer has enrolled the employee in the book that records the art 52 of the LCT or documentation in lieu thereof by regime special legal. One Special Paper should contain the data integrity of the work in updated form: name, marital status, etc. and the employer in addition to appropriate to the book "special" date of entry and exit, the remuneration paid and received, identification of those who generate the right to the payment of family allowances, other data to understand the whole of obligations that are in charge and other information required by regulations, must be enrolled by the employer and the worker belongs to the following: National Institute of Social Welfare in the family allowance and social work for. Otherwise employment is not registered.

behaviors

The law provides that, if adopted by the employer are reprehensible and punishable accordingly to avoid leaving the worker vulnerable, whatever the activity being performed. As mandated by art. CN 14 bis of the work must be protected in all forms by law. The historic first form of domination that existed to subdue men was slavery. The slave was considered a matter of ownership of their master.

Today we proclaim the freedom of all people through the CN and International Conventions. However, informal or black is not nothing but fostered a working relationship outside the law. Ie, a working relationship with dire consequences for those who were employed in such conditions, which is totally unprotected with no possibility of negotiating. Located near a very akin to slavery. The consequences for the worker are not employment registration:

1. The non-coverage of social work.

2. The absence of pay stubs. Banks want credit for the recent delivery receipts and a black worker could not then get a loan.

3. Not receive family allowances.

4. Besides not be regular contributions to the Social Security system.

5. Wages below the minimum established by law to regulate the activity and excessive hours of work. Is that is not registered as a ghost workers in the labor market there but not seen.

conclucion:

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The employment relationship is a sophisticated way of discrimination because it excludes the normative universe

workers

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unregistered work copyrighted work

into regular employment Unregistered is one of the challenges facing governments,
not only in our country but also in many other and with different degrees
of relative economic and social development.
The registration is not an institutional and economic restrictions for weight
social development, as it has implications that transcend the labor market or
relations.
In our country, although unregistered employment is long-standing, high current
levels show an inverse correlation with the causes that are traditionally assigned
therefore be explored in search of explanations:

• In literature of economic orthodoxy speaks of the high "tax work"
as the primary cause and incentive for evasion.
In Argentina these concepts were substantially reduced and yet unregistered employment increased significantly. This occurred even within the framework of Law No. 25,250, which provided additional incentives for recruitment, and the rate of informality
continued to grow.

• The difficulty of firing workers, legal restrictions or high
compensation is another of the reasons given, though with reduced severance
roofs experienced in recent years, this ratio is weakened.

ORIGINS OF REGISTRATION NO
Economy groundwater is characterized by a high level of tax evasion and welfare.
is highlighted so that the mechanics of economic activities linking these two types of illegal
having "feedbacks" between them. A practical consequence of this recognition
is the need to simultaneously attack two fronts
illegality.

addition to this common cause between the two types of evasion,
unregistered work is encouraged by its lower costs relative to formal employment. These two factors inducing
pension evasion explain the high concentration
unregistered employment in smaller companies.

El cuadro 1 muestra la distribución del empleo no registrado por tamaños de establecimientos.
Regularización del trabajo no registrado

ENERO 2008 ANUNCIO
Subsecretaría de Programación
Técnica y Estudios Sociolaborales
CUADRO 1
EMPLEO NO REGISTRADO PRIVADO EXCLUYENDO SERVICIO
DOMESTICO,MAYO 2007
POR TAMAÑO DE ESTABLECIMIENTO. TOTAL URBANO
miles de personas % del total acumulado
1 persona 101 4% 4%
2 a 5 personas 1.347 55% 60%
6 a 25 personas 681 28% 87%
26 a 100 personas 207 9% 96%
101 a 500 personas 74 3% 99%
más de 500 personas 23 1% 100%
Total de empleo no registrado 2.433

100% Source: EPH-INDEC SPTyEL as

can be seen from Table 1 that the smaller companies concentrate the bulk of unregistered employment. Grouped
, establishments employing less than 25 occupied 87% of unregistered workers.
Stud, one can see the areas in which the problem of unregistered employment is most acute. Can be seen from Table 2 that the list is headed by Construction (76.9%), Primary Activities (53.8%) and Trade (51.7%). TABLE 2


UNREGISTERED EMPLOYMENT IN THE TOTAL OF WAGE EMPLOYMENT, EPH - MAY 2003

Construction 76.9% 53.8% Primary Activities
Trade restaurants and hotels 51.7%
Transport, storage and communication 43.5% 39.5% Manufacturing

Community, social and personal services 32.3%
financial and business services 29.8%
Electricity, gas and 0.9% water
Source: SPTyEL

attempts to combat unregistered work
Several studies showed that the experiences of efforts and policies for adjustment
have shown better results in our country. Bleaching locking
fiscal incentives or regularization tend to be prizes for those who escaped, while configured equivalently, a punishment for those who met their commitments.

regularization of unregistered work
2 The reductions of burdens on the flow of new workers hereby reaffirm the previous paragraph, because reward evaders. Reductions on all workers are fiscally costly and inefficient addition, as already established in our country.

All these difficulties lead to the ideologues of the right economic policies to advocate complete elimination of employer charges and deregulation of the labor market, unable to control the situation, unsustainable proposal from several aspects, as these sectors are these proposed reductions en los impuestos a las ganancias o retenciones sobre exportaciones, con lo cual el sistema tributario sólo se sostendría con los regresivos impuestos sobre el consumo, incrementando el atractivo de la no registración laboral, como se expresó al comienzo.
Vale la pena recordar que un esfuerzo concreto por reducir el índice de no registración
está contenido en el Plan Más y Mejor Trabajo, recientemente lanzado por el Gobierno
nacional, que realza la importancia de una inspección del trabajo intensa.

A MODO DE INCENTIVO: CREDITOS SOBRE LA NOMINA SALARIAL

Esta herramienta crediticia constituye un incentivo adicional a la registración del empleo
de las empresas. Consiste disadvantaged in lending to companies of a certain size according
payroll paid regularly.
This line is an advance on current account, floating the equivalent of wage
payroll a month, taking as base the average wage
the company stated in a period of not less than six months, with a commitment
maintenance plant personnel and not to make massive layoffs, as established by Law No. 24,013
as regards procedures for crisis prevention.

line of credit is targeted to all companies operating in the country,
with a cap of $ 300,000 by company or economic group, at a low rate (currently 13.75%
year) and a maximum of one year.

The advantage of this type of intervention is that it involves high transaction costs,
not have problems of asymmetric information as it is repeatedly
have seen in the last decade, despite the credit expansion led to selections
adverse or restricting it, squeezed hundreds of thousands of SMEs that could
have been subjects of the same, with the consequent loss of jobs
actual or potential to help explain the high unemployment rates that were observed. Such loans
reduces the costs of feasibility studies for assignment, since the maintenance
the size of the plant personnel is a valid signal of
repayment capacity of the credit.

Financial support would enable them to improve their position with suppliers and keeping a certain level
capital assets, among others, when not restructuring
bank liabilities, which would also result in a profit for the financial system.

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SECLO


SECLO WHAT IS?
BY: Dr. Miguel Cabrera

The SECLO (short for Service Compulsory Labor Conciliation) is the body to which all claims are individual and collective legal disputes related to labor issues. It is a service like previous instance and compulsory for those wishing to initiate lawsuits in court.
SECLO The core objectives are:
1. Settle individual disputes or pluri of law within the jurisdiction of the National Labour Court.
2. Rule on the validity of the approval or rejection of settlement agreements by orders founded. Comment, if necessary, in order to try to reach a new agreement to remedy the deficiencies noted in the first.
3. Approved the settlement agreements arrived by the parties, involving a fair composition of their rights and interests in accordance with the rules set forth by Article 15 of the Employment Contracts Act. SCOPE OF SECLO



services are provided by the SECLO conflict only under the jurisdiction of the National Labour Court. This implies that corresponds to hear all those SECLO labor claims in which the employment contract has been concluded or has been executed in the area of \u200b\u200bthe Autonomous City of Buenos Aires, or when the employer's legal domicile is in this area

These are the various services offered the SECLO:
1.-Labor compulsory conciliation (IOCL)
2.-Review and Approval of Agreements agreed by the parties directly (spontaneous agreement)
3.-Review and approval of agreements at hearings Elective Labor Conciliation Service
4.-Check and / or information on the procedures



Labor compulsory conciliation (IOCL)

The SECLO provides a conciliation hearing workers and / or employers who have a conflict with the other party on issues labor. The service includes assessing the settlement agreements reached in order to determine the admissibility of approval. In the latter case, the court is empowered in the event of not arriving at a settlement.
Review and Approval of Agreements agreed by the parties directly Agreements (Spontaneous) Review and approve (give legal validity in appropriate cases) the agreements made directly between the parties (workers and employers), spontaneously, linked to industrial relations
Review and approval of agreements at hearings Labor Conciliation Service OptativosLas parties who voluntarily attend services enabled by a labor arbitration collective bargaining agreement there may settle their dispute. The eventual agreement will be presented to SECLO, assessing the propriety of the approval.

Consultation and / or information on the procedure: it provides answers to different questions and / or requests for information that may need to SECLO individuals or entities, public or private. This service includes the resolution of administrative or judicial offices to be filed with the SECLO.

pluri individual claims jurisdiction of the National Labour Court shall comply with the mandatory administrative proceeding prior (Law No. 24,635 and DTOs. 1160/96, 13457/99). To do this, the claimant must appear in person (with IC, LE, LC or DNI) or guardian (must submit copy of the instrument which identifies him as such) to request the draw of the Labor Council. Complete the appropriate form and sign before the operator who will receive the trámite.Las parties shall attend the settlement hearing designated legal assistance (lawyers may act only enrolled in the Bar Association of Federal Capital) or association (having to prove that capacity with the written permission).

The different procedures that can start at the headquarters of SECLO are: 1) Application for compulsory conciliation Laboral2) Application for Ratification of Agreements EspontáneosMPORTANTE: can not start a process of ratification of agreements previously recorded spontaneous if there is a process of compulsory conciliation work (Article 4 Dto. 1169/96 mod. Dto. 1347-1399).

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by: Dr. Miguel Cabrera professional advice

DISMISSAL OF A PREGNANT WOMAN DURING ERIOD TO THE TEST. LEGAL PROTECTION OF MATERNITY. DISCRIMINATION.

"Jimenez, Julieta Maria c / Marcelo H. Pena SA s / redundancy" - CNTRAB - 29/06/2007

"During the trial period either party is entitled to terminate the employment relationship without liability for compensation by using the terminology in use, as I have shown equivocal on several occasions since its depletion, the consolidated retroactively the term of the employment relationship, the worker begins to enjoy the "relative stability improper" situation it becomes entitled to severance pay if there has been no just cause. Previously, the full governing freedom to dismiss, without liability for damages. Preexisting or pregnancy-supervening-worker does not have the potentiality to achieve legal status is the trial period. There is no rule providing for such effect, nor the exception can be inferred from rules or principles relating to the prohibition of discriminatory practices, which are excluded in this hypothesis, because legal purposes, the worker is part of the class of workers subject to trial period is a closed universe, that does not support particular circumstances, age, sex, nationality , religion, political opinion, union activity, health status, etc .- general exclusionary rule applied to them all. "(From Dr. Morando vote, a majority)" The pregnant woman has the general principle of non discrimination feel the art. 16 of the Constitution and 17 and 81 of the Labor Contract Law and the Law 23592 also punishes any act of discrimination as an interpretation harmonic of the game rules allow us to conclude that in light-proof contract is not derived from it a sort of "bill" of indemnity in favor of the employer, as the legally protected, without doubt, both one and other legislation new hires is to promote, facilitate recruitment etc. on the one hand, and on the other maternity protection, health of the woman and her son, and ultimately, a policy of promotion of the family institution. "(From Dr. Catardo vote in minority) "Therefore, I believe that when art. 92 bis, par. 4 ° provides that you can dismiss without cause and without right to compensation in respect of those Repairs that take into account the right to stability and not others that while the harm that the dismissal unjustified produce the worker, seek to discourage discriminatory practices. Since in this case, motherhood was the determining reason for dismissal was set provided an act of discrimination must be confirmed as originally decided the matter. "(From Dr. Catardo vote, a minority)

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pregnant woman labor certificates

by: Dr. Peter Alzaga professional advice

Once the working relationship between the employee and the company has concluded, for whatever reason (redundancy, resignation, termination by mutual agreement), the employer must provide the employee - at his request - a work certificate stating the indications of time of service, nature of these, evidence of the salary received and input and contributions made to target the social security agencies. This tells us the Article 80 of the Employment Contracts Act in its second part.
The certificate in question serves two basic purposes: one is that the employee or worker to demonstrate its experience in a particular industry or trade to a new employer, the other is to give evidence in due time, before the social security agency, years of contributions to the system in order to retire.
The employer's obligation to enter the social security funds and the union office, as the article itself are a contractual obligation.
Finally, the article tells us that if the employer fails to make delivery of this certificate to the employee, within thirty days of the employee requesting the delivery of it, this would generate in the employee a special allowance equivalent to three times better pay Monthly normal and usual the last year of service or the lowest fraction. This is a new regulation in effect a few days ago. At first it had set a deadline for submission of certified two-day but a recently enacted law has extended to 30 days, which is somewhat more reasonable.
While this existing working relationship, and in certain and special circumstances, the employee may request the release of this record in case there exist "reasonable cause" under the law.
Finally, we note that the compensation described above, is added to those that may correspond to a worker for dismissal, or legislated by the National Employment Law and Law 25,323.

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blameless accidents and diseases. Serviced

by: Dr. Alvaro Peralta Ramos

professional advice

This synthesis attempts to bring clarity to all workers, as to what law governs the contract of work for blameless accidents and diseases.
As a first step to report that in the event of illness / injury is blameless (ie occurs due to natural consequences), the worker will not lose the right to receive remuneration during the period convalecencia.Ahora well. That law is limited in time. This means that it can not be "suspended" at the time, indefinitely, the employment relationship. Thus the labor contract law in Article 208 establishes the following parameters:
Workers with seniority, receive wages for:
* Less than 5 years: 3 months * More than 5 years: 6 months
In the event that the worker had "family responsibilities" these deadlines are doubled to 6 and 12 months respectively.
is important to note that if the disease would have future effects sue the employer the need for a rest, you can only enjoy leave with pay on the assumption that the effects of the disease broke out after two years. This means that the otherwise come into play the social security system, and the worker would lose the right to pay. It
also highlight that the aforementioned suspension does not alter the employment relationship, maintaining the old case. It is important that the worker be subject to this regime must comply with the obligation to inform their employer of their obligation enfermedad.Esta is designed for the employer to exercise its right of control, and dispatch appropriate medical to "certify" the condition of blameless or not the disease. Failure to comply with this collection, except for special circumstances (severity of illness or physical disability), the worker is excluded from the scheme.
It is possible, very often in the work 'black', that the employer does not have a doctor to perform the Disease Control reported. In that case the employee will fulfill its obligation by providing the employer, through ill-advised (by telegram or letter paper) a medical certificate. In short, the law of employment agreement:
* Suspension with pay * for 3 and 6 months (according to age more or less than 5 years) * for 6 and 12 months (if they had family responsibilities) * required * notify the employer of disease control by the employer

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.

serrvicio domestic: Dr. Marco Cabrera
for professional advice

This brief outline is designed to inform about what is the legal and supervised conditions in the provision of domestic services. So: The activities performed by employees within the "home life" involve the application of Decree Law 326/56 that domestic legislation. By "home life" we must consider the activity within the employer's household tasks still to perform the cleaning, care, companionship, cooking, among others.
This means that activities such as recruitment in economic benefit to the employer, or those that will work: • Less than a month, ° or less than 4 hours a day degrees or less than 4 days a week for the same employer, shall not be considered domestic workers, and their relationship will be supervised by the Labour Contract Act. Nor are included in this scheme: • the persons related to the homeowner, · neither those recruited to care for sick, · neither the drivers nor · the age of 14.
The decree also safeguards the benefits to be granted to an employee and as listed below:
- daily rest of 9 hours continuous (can be interrupted by serious or urgent cases) - 3 hours daily rest between morning and evening tasks, - weekly rest of 24 hours at a time or two half days per week after 15 hours - depending on length of employment Vacation: ten days to anyone with more than one year old and not exceeding 5 years, 15 days for those who have older than five years and not more than 10 years and 20 business days for anyone with more than 10 years old. - Also at the employee has a sick leave period can not exceed 30 days per year. Beyond these benefits, the same decree and its implementing decree (Decree 7979/56) set out the minimum conditions of room in the home of the employer. Namely: · furnished room and food hygiene · * possibility healthy enough to attend one hour a week to their religious rites. Now. The employee in turn has certain obligations that involve personal issues kept secret from the employer's family and loyalty to it, and to discharge their duties in compliance with its instructions and perform them with dignity.

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consultations

1 .- Marcelo, architect:

So that employment contract exists, I must have signed a contract?

No, the law of the employment contract of employment based on the simple fact that someone put their workforce for another. It also tells us that el "hecho de la prestación de servicios" hace presumir la existencia de un contrato de trabajo. Por esto es que no hace falta que hayas firmado un contrato para que haya relación de trabajo, sino simplemente alguna de las características antes detalladas.

2.- Maria, empleada.

¿Que valor tienen las horas extra y como me las deben pagar?

Las horas extra, que son aquellas efectuadas en exceso de la jornada normal de trabajo, y los días sábados hasta las 13 horas, valen un 50% mas que la hora normal. Las efectuadas en días sábados a partir de las 13 horas, domingos y días feriados, valen un 100%. El pago de estas horas, con lo values \u200b\u200bthat I mentioned before, must be in receipt of assets that the company gives you each month.

3 .- Hernán, employee:

"I was fired almost two years and never made any claim, I'm on time?

The statute of limitations (able to claim) is two years since you got fired, so what you have to look at is the date of dismissal, and from there to have two years ahead. If this exceeded that date, you can not make any claim.

4) JAVIER DE FLORIDA:

5 years working in a company how long I corresponds to the holidays and when I can I take?
The law sets the number of days payments, which should make you feel as minimum rental according to your age. It's up: 14 calendar days when your not older than 5 years. 21 consecutive days as your age is greater than 5 and less than 10 years. 28 days run when seniority is greater than 10 and not more than 20 years.35 consecutive days when the old is greater than 20 years.
To qualify for the holidays you must have worked at least half the days of the year. If you do not get to that number of days worked is for 1 day you leave for every 20 working days effective. The holidays will be granted from the 1 October and 30 April the following year. At least you should give in the summer season every 3 periods.

5) Adrian Devoto.

The company I work is at Capital and was informed that later this month we moved all to Pilar. Do I have to go? Do I have any rights?

labor law establishes a principle which is that you can not be changed without your consent the essential terms of contract. So if you change the workplace, you can consider you fired without just cause and you must pay appropriate compensation, unless the company financially compensate you for the additional expenditure incurred and the time you move.

6) Caroline of Palermo Chico.

am pregnant what should I do? How many days under my maternity leave? What if when they learn in the company fired me?

First of all many congratulations. What you should do is notify your pregnancy reliably in your work and accompanying a medical certificate with the expected date of delivery. The law prohibits the employment of female staff during the 45 days before delivery and 45 days thereafter. However, you can choose to have your license cut above delivery, which in this case not be less than 30 days and the remainder of the license total will accrue to the resting period after delivery. In case of early birth, holidays enjoyed before the birth while you rest added back, thereby completing the full 90 days. Since reporting the pregnancy, labor law gives new protection. So if you are fired without cause within 7 and ½ months before or after delivery, was allegedly on the grounds of your pregnancy and which in addition to the normal severance pay, you must pay compensation equivalent to 1 year's salary.

7) María del Carmen.

Secretary. What requirements must my Chief to Retire?

man to retire must be 65 years and women 60. In turn, must prove 30 years of service with contributions. In order to be able to demonstrate a minimum of 30 years of contributions the law provides for an over-age offset the lack of service inputs in the proportion of 2 years service as exceeding 1 missing. Given the impossibility of being able to establish some of the 30 years of contributions, the law states that you can file an affidavit in order to prove the same. This was established for members with cessation of activity in 1998 and 1999 can demonstrate 5 years of contributions to the mere filing of the affidavit. On the other hand those who do in 2000 or 2001, can only prove so 4 years of contributions.

8) Marcelo. Architect.

"I was fired from the company but in verbal form is that correct? What should I do?"

The labor contract law there is no verbal dismissal is more, for a dismissal have legal effect must be notified by telegram or letter paper. Be part of the company as part of the employee. If you were fired in verbal form, you should intimate telegram letter or document that will "clarify your employment status" under pain of you consider yourself fired. Revenues are formal labor laws and to be met in order to produce certain effects in this case dismissal.
9) Esteban. Store clerk.

quit his job. "I can claim the wages owed to me? What else I can complain?
quit your job when all that is left without the possibility of claims are compensable, but if you must pay the bonus or vacation until you got right to claim them in court. You can also claim a certificate of service and contributions, known as Section 80 LCT

by law firm Cabrera & Assoc.

professional advice

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labor issues

Labor Affairs Councils Report

by: Dr. Miguel Esteban
Cabrera (Cabrera & Associates study)


tips
1. Al contratrar an employee, you must apply as indispensable: all your personal data (identity card, citizenship certificate, current address, etc.) Employment application signed by him in his own handwriting., Trial work contract.
All these elements can be achieved in the study professional advice
are also advised not to hire undocumented workers or employees in black.
immediate notice to your accountant all the information and ask the same that gives the new employee at AFIP early discharge, and all the elements mentioned above ut the counter for the file
You can also find out if the Labour Justice employee has lawsuits against other employers.
In the absence of the employee without notice, immediately notify study and / or accountant to send a telegram
addition, any absence should be advised, and submitted supporting medical certificates because I face similar
theft or theft and / or misconduct of the employee must be informed immediately of the studio to take legal action suspension and / or warning and / or police report.

2. Before
dispute receipt of any notification and / or telegrma immediately refer the study
NOT receive notifications that come addressed to someone other than the current holder of the trade
If in doubt, and further information request time in the studio with a professional. Labour Ministry
Claim

After an exchange of letters, usually the employee and his lawyer, so start a complaint with Labor Ministry called SECLO, so trade came one of the agency
telegrma Refer and immediately notify the study the lawyers.
At that hearing has to be the holder of trade with a lawyer but is charged a fine of $ 225

TIP: Every holder of commerce, who is absent for a long time, stop agent, and / or empower the study to avoid fines and penalties
The first hearing of Secla is approach and to hear the complaint, usually by leyre current job, for ork delt are indemnaizaciones very high.
Council: Lord paid on this occasion you have to merituar and be as broad as possible in its offer money.
After this first hearing, the lawyer will give you an appointment at the studio to discuss the issue. And try to reach an agreement with the employee and his lawyer
If the second hearing, not reached any agreement, NO third, and direct the trial worker
Starts Trial

After the stage above, local came to a writ of summons work
Inmdediatamente call the studio and bring the application and all documentation of the employee

ALSO, you should immediately contact your accountant, and ask the accounting data necessary.
It should get 3 to five witnesses.

TIP: It should be noted that once the trial costs and the amount of the settlement is far superior to the stage of SECLO and fees are required

After collecting the items that the lawyers of study requested, will demand answers. While
, two or three months, the court appointment to go to court on the employer to try and take another reconciliation statement / hearing / positions
If you follow the trial should go after the witnesses, who are referred by professional studio
Then came the audit report, and analyze court accountant all books and records of the employer
TIP: try to reach an agreement before sentencing at the same consideration to take into account labor law in favor of Argentina Judgement

operator
After all the tests from one year to two, the sentencing judge based on the same

COUNCIL: Once sentenced, can not be reconciled for less than the same amount as requested Appeal


The sentence in federal capital trials may be appealed to the camera, which takes a while longer, in bs pcia, not because there is no such instance

If
Execution Case is not paid, it runs through an attachment to the employer, for example daily seize local revenues, but on accounts, goods, etc. and costs are much higher than
Please if in doubt, seek professional appointment in advance.
professional advice

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tips black work in the field work more regularized

black Employment in the field exceeds 80%
by: DR. Marco Cabrera, director of law firm Cabrera & Assoc.

The theme of work in the field is a very difficult issue, especially because we have many migrant workers, a lot of work with people who come from the provinces who could say, exporting people to other provinces to take them. Thus we have a serious problem. The theme of the soybean production that is growing increasingly territorial and have been occupying much space is causing fewer people being needed. There are other types of tasks performed in the field, where it is very labor-intensive, eg intensive production, temporary activities, nurseries in my area, production of blueberries. This is where you have to be watching because the labor movement is great for a short time, and in many cases, although there are people who meet, there are other unscrupulous, as in any sector of the economy, which do is take it without registering and paying in black. Thus, they are paid less than it should not make contributions to the State and there is unfair competition with respect to which you want to have everything in order. Our job basically is to try to correct that. Black employment in the field in certain areas, over 80%.
proposal:
job training for workers and employers. For those who are unemployed, have to directly approach the nearest RENATRE. Unemployment benefit the rural sector grants for the National Registry of Rural Workers, not given ANSES. Along with the unemployment benefit that is sought to give specific training according to areas of the country, because the idea is not only to deliver an amount of money to address this contingency of unemployment, but try to train for that get a job as soon as possible. As we know that technological advancement is increasing, it is important that the person who lost his job to access knowledge that will permit reinstated. People have to approach the mouth of RENATRE closer to home. In the south of Santa Fe, has 26 outlets in 26 towns. And there can be found on the dole. With a series of simple documentation in the period of 60 days may be gaining the benefit. For young people, remember that in the rural sector after 14 years there is a chance to start working on different tasks with different schedules. Normally the subject of a study that is looking increasingly less the number of children near the age they begin working. That's a good sign, but on the other hand we are working with the rural workers union deeply against those unscrupulous that exploit the issue of child labor.

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More work regularized:

posted 63 months are carried in a row in which the standardized work-ie, commonly known as "white" - is growing. Throughout 2007, according to statistics by the Ministry of Labor's Office in the four main regions, the rise was 5.7 per ciento.De Thus, during the 63 months which is alluded to in the increase recorded white labor, reached an astounding 34.1%, which broke the trend of past 25 years, in which irregular work-in black-superiores.De showed percentages so at present the work of the private sector is 14.6% above the record 1998, which had reached the highest level of employment during the convertibilidad.La job creation was led by Mendoza regularized with 8.2%, followed by the Gran Buenos Aires with 5.8% after 4.7% Córdoba and Rosario 4 , 1%, while taking into account each of the construction activities are highlighted with 10.2%, with the escort of financial services 8.7%. 2007 from the working point, and shows the side and appropriated, was one of the most active in terms of rotations consisting of layoffs and additions, it is also an outbound data that most casualties occurred by choice of workers in search of better jobs as it expands the possibility laboral.Un detail to consider in terms of job creation is regularized that benefited most were unskilled workers, reaching a rise of 9.4%, while followed in order the technical staff at 5.1%, while the sector entrepreneur who took more personal "bleaching" was for the medium, as those located in the strip-are between 50 and 200 employees, reached 6.8% the 200 and more employees stood then with 5.8%, while small between 10 and 49 workers reached 4.5 PERCENT laundering industrial employment as work in the industrial sector during 2007 grew 5.3%, which materialized five successive years, this positive trend, even when it is still slightly below the level reached in 1997, prior to the start of the recession and subsequent crisis.Estos data published by INDEC caused surprise analysts because it is astonishing that the industry remains one of the factors traction for employment generation, has not yet been placed in the same levels of ten years ago when the sector was seriously affected by trade liberalization that entonces.Tanto like that, it's also no surprise that the nominal wage has had an increase of 22% last year and 216.8% since 1997, which would be demonstrating that discounting inflation, the real wage of industrial workers would have had a greater than 50% expansion, which appears as one of the most favored of the period, since according to the INDEC absolutely all industries in wages equaled or are above inflation for the same period.

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record
http://servicioswww.anses.gov.ar/ConstanciadeCuil2/Inicio.aspx cuil