Saturday, August 9, 2008

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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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