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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
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