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Yearly Archives: 2016

/2016

Pregnancy and Employment.

embarazo

Guide práctica para estar debidamente protegida.
It is known that many employers prefer to hire men instead of women to avoid problems with pregnancy and motherhood.
There are employers who hire women, but when they are pregnant they see this situation with unpleasantness.
Some of them fired pregnant working women.
Pregnant woman, works on white or black, It has a Special indemnity protection in case of dismissal.
This does not mean that it can not be dismissed, but, if so, the employer must pay compensation 12 salaries, which adds compensation for dismissal.
Such protection starts from the 7 and a half months before delivery and extends to 7 and a half months after birth.
However, such protection is not automatic, but the worker must fulfill the duty under the law of contract work, notify your employer of her pregnancy, by labor and make available the same telegram the medical certificate evidencing the pregnancy and the due date.
It is very common for pregnant workers discuss among their co-workers and social networks their situation in previous form to comply with the aforementioned and make available to the employer a medical certificate notification. That's a high risk, as some unscrupulous employers, taking informal knowledge of pregnancy, proceed to dismiss the employee before it fulfills its obligation of law, placing it in a situation of legal defenselessness.
While these situations, by an appropriate test in a labor trial, They can be resolved favorably for the expectant mother, it is desirable not to have to reach the court in these conditions.
In consequence, it is advisable to avoid giving publicity pregnancy at work and in social networks (often supervised by employers) until the curse pregnancy 6/7 weeks involving having a half months pregnant (that is when the guardianship begins), the medical certificate is obtained with the above information and the phenomenon is reliably notify the employer.
If you act in such a way it will prevent so important in the life of the working event becomes a frustrating situation.

Dr. Jorge Pastorini explains the national law of SITRAIC

WHAT IS THE MOBBING?

Mobbing is referred to as mobbing.
He is a victim of mobbing, the worker who suffers harassment or harassment by the employer or its representatives (Hierarchical the worker concerned) or colleagues.
Behaviors able to be considered mobbing should be expressed through related behaviors and repeated over time, apt to create worker or worker in a situation such disturbance that decreases or psychologically affect him.
In recent ruling,to labor justice held Capital Federal: “To that mobbing is set to be a situation created by a person or group of persons, who exercise extreme psychological violence, systematically, for a long time and on a particular person” and they added “Although not a case of "mobbing" is set, violence in the workplace can manifest itself in many ways, for example, through discriminatory treatment, physical assaults, harassment of a sexual nature, organizational abuse, and they all generate the responsibility of the employer, informed or alerted of the situation, no arbitrates the many and varied means at its disposal to reverse it to avoid damage to the psychophysical and moral integrity of their dependents. room VI, Expte. No. 36.894/2012 Sent. Def. No. 67874 of the 27/10/2015 “C.G.H. c/ Contax S.A. branch of a foreign company and other s / dismissal ". (Raffaghelli-Craig).
Do you feel that you're the victim of mobbing?
Do not hesitate to contact us. You can make it through this medium, making an online consultation from our website http://estudiolaboral.net/consulta-online/, telephone shape the 4245-5006 or in person at our Firm, located in the center of Lomas de Zamora on the street Laprida 418 Floor 2 Office 5 Monday through Friday 15 a 18 hours,
Remember that the consultation is absolutely FREE AND CONFIDENTIAL!

Do you work part-time? It can not be so

You work part-time and get paid less than those who work 8 hours? According to the case, You can collect the full salary corresponderte.
If this is your case, you have to know that you can claim the wage gap until two years ago. Do not hesitate to contact us. You can make it through this medium, making an online consultation from our website http://estudiolaboral.net/consulta-online/, telephone shape the 4245-5006 or in person at our Firm, located in the center of Lomas de Zamora on the street Laprida 418 Floor 2 Office 5 Monday through Friday 15 a 18 hours,
Remember that the consultation is absolutely FREE AND CONFIDENTIAL!
If you work part-time and your employer will pay a lower remuneration to which those working charge 8 O 9 Daily hours, you have to know that this can only be done if you work less than the 2/3 parts of daily and weekly hours of activity in which you work. For example, If you work in trade, will you apply the collective labor agreement nro. 130/75 which establishes a working day 48 weekly hours, so that if trabajás 6 daily hours or more or 32 weekly hours or more, but not reach the 9 daily or 48 weekly, you shall receive full pay, as it is a part-time but not a contract of part-time work. Each activity has a particular workweek, generally between 42 Y 48 weekly hours, so in each case must be checked what the agreement and make the necessary calculations. This is very common in trading activity and especially in large supermarkets, they have hired staff 36 weekly hours, to those who paid low wages, when in fact it corresponds paying full time.

The SITRAIC is NATIONAL

New achievement of class unionism that relied on the legal advice of the Study Pastorini, Marangello y Asociados.
Acting as attorney counsel of SITRAIC, el Dr. Jorge Pastorini began the day 6 February 2015 an injunction late payment, against the Ministry of Labour, Employment and Social Security of the Nation, by cars “WORKERS UNION INDUSTRY CONSTRUCTION AND RELATED C / MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY OF THE NATION S / Amparo Mora”, No expte 2769/15, filed with the National Court of First Instance of nro. 80 Capital Federal.
After the appropriate processing and sentencing, the Ministry of Labour appealed the same before the National Labor Court of Appeals, It is filed with the Constitutional Court.
The day 28 December 2015, that Chamber, with the vote of Drs. Hector Guisado and Silvia Varela Pinto, They confirmed the judgment of first instance.
By last, meeting intimated to comply under penalty of a daily fine for the SITRAIC, Labour Minister, Employment and Social Security of the Nation, Lic. Jorge triac, signed the 23 March 2016 the resolution by which the status of approved SITRAIC, recognizing this national jurisdiction to represent all workers in the construction industry and approving the delegations of San Lorenzo, Rafael, Rosario and Santa Fe, of the Province. Santa Fe, Comodoro Rivadavia, pcia. Chubut, Puerto Deseado, Caleta Olivia, Puerto San Julian and Cañadón Seco of the Province. Santa Cruz, Carmen de Patagones in the Province. Buenos Aires and Tucuman, pcia. Tucuman.
Thus, the SITRAIC achieved recognition to represent construction workers nationwide.
Workers who comprise it and the Commission Directive, our congratulations and thanks have trusted our professional quality to obtain this precious achievement.