MINISTERY OF WORK, EMPLEO AND SECRETARY-GENERAL SOCIAL SECURITY OF WORK Resolution No. 75/2003
Bs. As., 20/2/2003
VISTO Issue No. 68.467/99 of the registration of the Ministry of Labour, Employee and Social Security, and
The Collective Labour Convention, held by UNION OBREROS AND EMPLEADOS TINTOREROS, SOMBREROS AND LAVANDEROS and the ARGENTINA ARGENTINA DE TINTORERIAS, LAVANDERIAS and AFINES (CATLA), as set forth in the Collective Negotiation Act No. 14,250
That the parties have the authority to negotiate collectively in accordance with the records of cars, in which the provisions of the National Directorate of Labour Relations No. 99/02 are established "...the Negotiating Commission for the Holding of a Collective Labour Agreement ... which shall govern the labour relations of the workers of the activity in the field of personal and territorial representation of the signatory group of 77/75.
That in the above-mentioned administrative act the name of the official was mistakenly assigned by the Presidency of the well-known Negotiating Commission.
That, attentive to the fact that the parties have concluded their negotiations and added the text of the collective labour agreement governing the labour relations of the sector, in order to avoid a dispendium of administrative activity, consistent with the principle of speed established by the National Administrative Procedures Act No. 19.549, the dictation of the amended provision requested to address 127 of those present is unnecessary.
That the scope of application of the present is limited to the personal and territorial representation of the emerging signatory union entity of its union personería and to the main activity of the signatory business party.
That the validity of the convention is established for two (2) years from the first working day of the following month of its approval.
That the negotiators establish that this agreement is applicable in the Autonomous City of Buenos Aires, Province of Buenos Aires up to a distance of 120 kilometers from the Autonomous City of Buenos Aires and Ciudad de Rosario, Province of Santa Fe, to regulate the relations between workers and employers belonging to the activities that develop in establishments set out in article 8 of the agreement.
For its part, article 245 of Act No. 20,744 as amended by article 153 of Act No. 24,013 and article 7 of Act No. 25,013 imposes on the Ministry of Labour, Employee and Security SOCIAL obligation to establish and publish the average remuneration and compensatory caps applicable to the calculation of compensation for workers in cases of unjustified termination of the employment contract.
That a single average monthly amount per agreement is calculated except when agreements of branches or companies are approved separately, in which case a specific monthly average of the branch or company is calculated, with the remaining activities remaining with the average value of the set before its disaggregation, under the name "general".
That the compensatory cap is determined by multiplying by THREE (3) the average monthly amount, resulting from the calculation described ut-supra.
That from the reading of the clauses agreed, there is no contradiction with the current labour regulations.
That the Legal Counsel of the NATIONAL DIRECTION OF RELATIONS OF THE WORK of this Ministry took the intervention that belongs to it.
That the formal remedies required by Act No. 14,250 (t. 1988) and its regulatory decrees are also accredited.
It is appropriate to issue the relevant administrative act in accordance with the above-mentioned background.
That the powers of the subscriber to resolve these proceedings arise from the powers granted by Decree No. 900/95.
ARTICLE 1 . Declaring the Collective Labour Convention celebrated by the UNION OBREROS AND EMPLEADOS TINTOREROS, SOMBREROS AND LAVANDEROS and the ARGENTINA OF TINTORERIAS, LAVANDERIAS and AFINES (CATLA) as provided for in the Law of Collective Negotiation No. 687/250 with the regulations No.
ARTICLE 2° ). Fix, as set out in Article 245 of Law No. 20,744 as amended by Article 153 of Law No. 24.013 and Article 7 of Law No. 25.013 the average amount of remuneration in the sum of FEATURES AND CINCO PESOS WITH TREINTA AND THREE CENTAVES ($ 465,33)
ARTICLE 3° . Register the present Resolution in the Department of Waste under the COORDINATION SUBSECRETARIA. Implemented, go to the NATIONAL DIRECTION OF RELATIONS OF WORK, so that the Labour Standards Division and General Register of Collective Conventions and Awards register this Collective Labour Convention.
ARTICLE 4° . Remind the Library Department for its dissemination.
ARTICLE 5° . Communicate, publish, give to the National Directorate of the Official Register and archvese.
ARTICLE 6° . Implemented, refer to the Department of Labour Relations No. 1 for notification to the signatory parties, then proceed to the guard of this legajo.
ARTICLE 7° DE Let yourself know that in the assumption that this MINISTERY OF WORK, EMPLEO AND SECURITY SOCIAL does not make the publication of the Convention and of this Resolution, the parties shall proceed in accordance with article 5 of Act No. 14.250 (t.o.1988). . Dra. NOEMI RIAL, secretary of labor.
File No. 68.467/99.
BUENS AIRES, 25 FEB 2003
In accordance with the order in RESOLUTION S.T. No reason has been taken of the Collective Labour Convention working in foils of the Recorder No. 68467/99, with the number 354/03. . VALERIA VALETTI, Department Coordination.
CST No. 354/03 COLLECTIONAL CONVENTION OF WORK
As the real representatives of the interests of the workers and the entrepreneurs, it has been agreed to implement this collective labour agreement with a view to regulating the working relations and the provision of the services of INDUSTRIAL TINTORIES and ROPA NEW AND USADA RECEPTORIES, to promote the future of work and to promote the solid work time, to promote the future
Introducing the necessary conditions, in order to ensure that there are adequate changes in the labour market,
The subjects of this agreement, workers and employers, understanding that they support different positions rather than antagonistic, assume the formal commitment to maintain a fluid and constant dialogue with conciliatory and cooperative will guided by the preservation of the common objective that is the defense of the activity that links them.
This negotiation will provide the enrichment of the content of this COLLECTIONAL CONVENTION OF WORKING WITH REQUIREMENTS APPLICED TO THE LABOUR PROBLEMENT WHICH THE ACTIVITY AND DISALENT ALL PRACTICES AND EVASION.
OF THE PARTIES
Welcome to the present COLLECTIONAL CONVENTION OF WORK, "THE UNION WORKS AND EMPLETS TINTORS, SOMBREROS AND LAVANDEROS" with domicile in Calle Culpina No. 31, Autonomous City of Buenos Aires, with group personry No. 18 represented in this act by the Lords Luis Juan PANDOLFI, DNI 126725.426, Assistant Secretary General, Juan Carlos Jorge Luis GINZO, on the one hand and the "CAMARA ARGENTINA DE TINTORERIAS, LAVANDERIAS AND AFINES", with domicile in Uruguay street 594, 6th floor, office "K", Autonomous City of Buenos Aires, recognized as an employer of the activity by resolution of the Registry of Employers Gustavo N°, represented in this act by Mr.
LIGHT AND DATE OF CELEBRATION
This Collective Labour Convention is implemented in this Autonomous City of Buenos Aires, on 16 December 2002.
CANTITY OF BENEFITS
At the time of this collective labour agreement, its beneficiaries are 1,500 workers.
This Collective Labour Convention shall have a validity of 2 (two) years from the first working day of the following month of its approval. Until it is subscribed by the parties to a new Collective Convention that replaces it, the present will still govern after its expiry.
OF GENERAL RULES OF INTERPRETATION
The parties consider it important to give due clarification of the following rules of interpretation:
(a) The acronym C.C.T., Collective Labour Convention, Collective Labour Contract, are denominations that express the same concept, so its use can be indistinctly admitted.
(b) Henceforth, Union Workers and Employees Tintoreros, Hatters and Laundries, léase U.O.E.T.S.YL., and the Argentine Chamber of Innerries, Laundry and Relateds léase C.A.T.L.A.
(c) C.I.V.A., read Interpretation, Verification and Implementation Committee.
(d) It is stated that the interpretation of the clauses, which are set out in this Collective Labour Convention, shall be broad in scope without the admission of another intervention than that established by the Interpretation, Verification and Application Commission.
(e) Duty of Good Faith: Any negotiation between the parties must be carried out under the principle of good faith.
COMMISSION ON INTERPRETATION, VERIFICATION AND IMPLEMENTATION
A INTERPRETATION, VERIFICATION AND IMPLEMENTATION COMMITTEE, of this Collective Labour Convention, consisting of six (6) members; three (3) members by the trade union side, three (3) by the business party, and a minimum of one (1) alternate member by each party, being the chairmanship occupied by an official of the Ministry of Labour, Employment and Social Security whose designation will be requested by the parties of common agreement to the labour authority.
Its members shall issue their own rules of work. The advisers may be designated as necessary for the best development of their duties.
The specific functions of this commission shall be:
(a) To resolve all matters of general and particular interest relating to the application and/or interpretation of this convention by verifying its strict compliance;
(b) To resolve any differences that may arise with the interpretation and/or application of the provisions thereof;
(c) To resolve the classification of tasks in accordance with the general categories set out in this Collective Labour Convention, or the particulars of the activity in particular;
(d) assign, where necessary, categories to unclassified tasks;
(e) Recognizing and/or ratifying tasks in categories where they are expressly provided;
(f) to classify workers in the categories provided for in this convention; it shall receive and resolve issues relating to situations or particularities that may occur in any area or region within the scope of this Collective Labour Convention.
The resolutions adopted by this Commission shall be issued within thirty (30) days of the question, shall be valid and shall be binding from the date on which it is delivered.
The incumbent members such as the alternates will have to be elected on each side among the members of the Negotiating Commission that has intervened in the preparation of this agreement, and are obliged to remain for a period of 180 days from the approval of the agreement, and can then be replaced by other parity members.
This Commission or any of its members may independently denounce the failure to comply with or violate this Collective Labour Convention before the Ministry of Labour or competent administrative authority.
In the event of doubt or divergence in the application of this convention, the parties to the dispute shall channel the first consultation before this commission of interpretation, verification and application to expedite mediation.
The members of the Commission shall have an identification credential, with which they may prove to be part of it.
Businesses within the scope of this collective labour convention are obliged to allow this Commission to verify compliance with this Collective Convention and other existing legal provisions.
e. 23/4 No. 20.635 v. 23/4/2003