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.
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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