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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