Labor Law: Subjects, Contracts, and Employer-Worker Rights and Duties
Labor Law
Subjects of Labor Law
The primary subjects of labor law are the worker and the employer. However, as labor law has developed, professional associations representing the interests of employers or workers have also become involved. These associations participate in collective bargaining agreements and dispute resolution. Many believe that the state also plays a role as a subject of labor law, acting as a comptroller.
A) The Worker
The worker is dependent on the employer, providing their labor in exchange for compensation. This dependence is established through a legally binding agreement. Unlike independent contractors, workers do not bear the risks of exploitation associated with their work.
B) The Employer
The employer is the individual or entity that requires the services of one or more workers. The relationship between the employer and worker is formalized through an employment contract, which can be verbal or written. The employer is the provider of work.
C) Professional Workers’ Associations (Unions)
Unions advocate for the interests of workers. They represent workers in collective bargaining agreements, aiming to reduce inequality between employers and employees. Unions also provide social assistance and advocate for labor legislation.
D) Professional Associations of Employers
These associations (e.g., chambers of commerce) represent employers. They participate in the development of collective agreements and collaborate with the state on labor-related matters.
Labor Contracts
According to the Argentine Civil Code, a contract exists when multiple parties agree on a common declaration of intent to regulate their rights. The contract governing the relationship between workers and employers is an employment contract.
- It is consensual, meaning it is perfected by the mere consent of the parties.
- It is bilateral, creating reciprocal obligations for both the worker and the employer.
- It is onerous, as the performance of one party is in consideration for the performance of the other.
- It is formal, requiring external formalities for its realization, typically in verbal or written form.
- It involves subordination, a dependency relationship, continuity, and professionalism.
The employment contract must be lawful and not contrary to morality.
Capacity and Representation
Capacity is the ability of individuals to acquire rights and obligations. It can be legal capacity (the ability to have rights) or capacity in fact (the ability to exercise those rights). Disability refers to the inability to hold or exercise specific rights.
Legal disabilities are always relative and expressly established by law. They cannot be absolute, as a person cannot be completely devoid of rights. Incapacity in fact refers to the inability to exercise a right that one possesses. For example, an individual declared legally insane (incapable in law) who owns a building (capable of the right to ownership) could not sell the building themselves (incapable in fact) but could do so through their legal representative.
Disabilities in fact can be absolute or relative. Individuals absolutely incapable in fact (e.g., those born under 14 years old, legally insane individuals) cannot exercise any rights themselves. Individuals relatively incapable in fact (e.g., minors aged 14 to under 21) can exercise some rights but require representation for others. For example, they can work with parental consent or without authorization from the age of 18.
Representation
. The Disabilities Act through their legal representatives, which include: Parents The tutors, when children have no parents or these are absent or deprived of parental authority The curators. Representing incapable adults.
- Worker’s personal checks for the protection of the employer’s property, must safeguard the dignity of workers and practiced with discretion for the same sex. The law prohibits “conduct surveys or investigations” on political, religious or trade union of workers
- Payment of remuneration, in the terms and conditions provided in this Act.
- Security duty: to protect the psychophysical integration of workers. The worker may refuse delivery if the same will be required in violation of the provisions on health and safety at work.
- Reimbursement of expenses and compensation for damages: refer to expenses incurred by the fulfillment of work and damage to its property at the same time.
- Duty of care, food and housing, must be paid when the employee is living at the facility.
- Duty of occupation: the employer must ensure the worker effective occupation, safe grounds that prevent you from doing so by ensuring the enjoyment of remuneration.
- Duty of care and the employer’s initiative: “the employer must comply with the obligations arising under this Act, professional statutes, collective labor agreements and the social security system.
- Duty to comply with obligations to the labor unions and social security: it refers to the obligation to enter the social security funds and union office.
- Equal treatment: “the employer must treat all workers equally in identity situations”
- Ladder, climb and preference: the employer is obliged to prefer equal to workers in the establishment itself part covers senior positions or opt for vacancies or new creation.
- Inventions worker: “owned by it, when it is a valid instrument that does not belong”
- a) Preference of the employer: if session right intention or discovery, “the employer shall be chosen equal to others”
b) The duties of diligence and cooperation: “to provide the service with punctuality, regular attendance and commitment appropriate to the characteristics of their employment”
c) Duty of loyalty: to maintain confidentiality or secrecy of the information they obtain and fidelity in relation to assigned tasks
d) Compliance with orders and instructions, must comply with the orders and instructions to be imparted on how job performance.
e) Liability for damages, is liable for damages caused by malice or gross negligence in the exercise of their functions.
f) Duty not to compete, “negotiations should be obtained to run on their own or others that could affect the employer’s interests”
g) Aid or special subsidies “shall render whatever assistance it needed in case of grave and imminent danger to people”
- The LCT gives the employer the right organization (art.64) The power steering (art.65) The power to make changes in the shapes and forms of work (art.66), provided that they do not alter the conditions essential the contract. Not cause material or moral harm to the worker. In the latter case the worker will assist you considered the possibility of dismissal without cause.
- It is considered good cause if it relates to the lack or decrease in the work not attributable to the employer, for disciplinary reasons or force majeure is duly established.
suspensions based on disciplinary reasons or lack of decrease in the work may not exceed 30 days in a year
The suspensions may be extended by force majeure up to hold and five days in one year. In this case, and lack or reduction of work should be started by the least senior staff within each specialty. For staff entered in the same semester will begin on the family had less load. Any suspension that exceeds the time limits shall entitle the worker
to consider dismissal.
When the suspension arising in criminal complaint and is outside the employee was intended or dismissed, the employer must reinstate him and to meet the salary payments for lost wages, unless the employee opt for considered dismissed.