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Tuesday, March 23, 2010
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PART USED DOMESTIC NEW BILL
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New bill for domestic staff.! We hope that this unexpected news pro d eempleadas domestic workers, which currently manage a statute makes a ton of years so they are protected in many areas that today have no legal vacuum. There
The only labor law to date was and is, Decree 326/56 and its regulatory Decree 7979/56, with a mechanism Protectoria insufficient and precarious.
hope this government initiative, secure the approval of the project, since these workers have taken a great step in social JUSTICE and to be afforded the same rights they currently have lso trabajores under the law of contract.
From our study, we believe that the way Excluded are currently excluded, is a total discrimination.
conclude that the initiative of the Ministry of Labour is highly positive at first and foremost, it establishes a new regime that would replace the existing Decree 326/56.
the highlights of this project are:
1) Includes the care of people, now specifically excluded (Article 2 Decree No. 326/56) - while the staff responsible have no therapeutic functions or the assistance required to have specific professional ratings .-
2) time constraints are eliminated under the current statute to be within the regime (art. 1 Decree 326/56). [5]
3) It provides that in case of doubt and as long as is compatible, the new regime will apply the Employment Contracts Act .-
4) It is presumed that the contract is concluded for an indefinite period, as the Labor Contract Law .-
5) Establish a specific time basis, regardless of the type of contract, with or without removal. Today there is no legal day workers scheduled for retirement but only for those who do in bed (art. 4 Decree 326/56) .-
6) is increased vacation leave depending on the age of the worker (s. . 4 of Decree 326/56) .-
7) intensifies disease contingency than one (1) month per year (art. 4 Decree 326/56), it becomes three (3) to six (6) months in accordance with the age .-
8) are incorporated into overtime, now not covered by the existing regulatory system .-
9) It incorporates the comprehensive protection of motherhood with paid leave forty-five (45) days prior to forty-five (45) days after delivery. If this is early or late, the time is offset so that the protective cover provided ninety (90) days of rest and paid leave .-
10) Severance pay half a month's salary per year of service (art 9. Decree No. 326/56) becomes a (1) month or fraction greater than three (3) months, similar to Article 245 Labor Contract Law .-
11) It provides protection against dismissal due to pregnancy and marriage with compensation equal to the Employment Contracts Act .-
12) While providing for the inapplicability of the law 24,013, 25,323 and 25,345, joins a novelty item which punishes unregistered employment or poorly recorded, with a redundancy duplicate .-
13) action is enabled to claim the payment of wage differences, if any, even if they had been paid or there is silence unqualified employee. This claim has no place in the current regime .-
hope that that project is sanctioned and finally bring light to the long neglected domestic workers and lawyers who defend their rights propugnabamos provided by a change in labor legislation , that he could not wait!
Source: www.eldial.com
Dr Romina Nieva
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