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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