Machine Translated by Google LAW OF LABOR REGULATION (Law 25,877) REPORT La Plata, June 2004.- MINISTRY of LABOR of the PROVINCE of BUENOS AIRES 7th Street No. 370 between 39 and 40- La Plata tel. (0221) 429-3626/3625 prensa@trabajo.gba.gov.ar Governor of the Province of Buenos Aires Ing. Felipe Solá Minister of Labor Dan. Roberto Mouilleron Undersecretary of Labor Dr. Jose Maria Casas Undersecretary of Employment Dn. Jorge Bergáz SOURCES LAW 25,877 (BO 03/19/04) sanctioned on 03/02/04, enacted on 03/18/04 Validity: 03/28/04 (Art. 2 Civil Code) Ackerman, Mario E.; Alvarez, Eduardo; Ojeda, Raul H.; Rial, Naomi; Rubio, Valentine; Taken, Carlos A.; and Vázquez Vialard, Antonio “LABOR REFORM. LAW 25,877”, Ed. Rubinzal Culzoni, Santa Fe, May 7, 2004. Grisolía, Julio Armando; Hierrezuelo, Ricardo D. “LABOR REGULATION LAW. 2004 REFORM OF LAW 25,877. THEORETICAL AND PRACTICAL ANALYSIS”, Ed. Quórum, Bs. As., March 2004. Machine Translated by Google INTRODUCTION Spirit and criteria of Law 25,877 that emanate from the elevation message and its elaboration process. Background: The state of suspicion about the means and mechanisms used to achieve the sanction of Law 25,250 that became public knowledge caused it to be promoted from the Ministry of Labor, Employment and Social Security. The strong controversy generated by Law 25,250 on the extension of the trial period, the general reduction of employer contributions, the fall of the legal ultra-activity of collective labor agreements and the pre-eminence of the minor scope agreement over the larger scope agreement . Axiological perspective: Promote those solutions that favor the generation of decent employment. Take sides for legal formulas that stimulate collective bargaining, the pre-eminence of the most favorable norms for the worker and the composition of conflicts by agreements of the parties. Ensure the principles of normality and predictability: respect for constitutional norms, including international treaties incorporated into the NC, and supra-legal norms such as international labor agreements ratified by Argentina. Ensuring the sustainability of the norm by not adopting radicalized positions that distance the possibility of reaching sufficient consensus among the social actors. Debate: Before sending the project to the Legislative Power, the three labor unions, the employers' organizations and specialists of various orientations. page 2 Machine Translated by Google LABOR REGULATION LAW 25877 REFORM 2004 Comparison chart INDIVIDUAL RIGHTS A) Trial Period Law 25,250 Law 25,877 3 months extendable to 6 by collective agreement (art. 1) 3 months for all workers, without distinction between types of companies (art. 2). 6 months in small companies, extendable to 12 by collective agreement in the case of qualified workers (art. 1). Extinction without exception of cause, without the obligation Extinction without expression of cause. No right to to give prior notice and without the right to any compensation for seniority or integration, but with the compensation (art. 1). obligation to give notice for 15 days (or pay substitute compensation for notice) (Art. 3) The term runs from the day following the notification (art. 4) The new law rescues the trial period as an initial stage of the contract for an indefinite period of time and not as a mechanism for circumvention or evasion of the formal employment relationship, which prevents its abusive use as a "temporary contract" or "promoted modality". b) Forewarning and Integration LCT Law 25,013 Law 25,877 (before 10/03/98) (from 10/03/98 inclusive) (since 03/28/04) 1) Advance notice: 1) Advance notice: 1) Notice: (art. 3) Worker: 1 month Worker: 15 days Worker: 15 days Employer: 1 month if the Employer: 15 days if seniority Employer: 15 days during the trial worker has up to 5 years of seniority. is greater than 30 days and up to 3 period. months. 1 month if seniority is up to 5 years 2 months if it is more than 5 years old. 1 month if it is older than 3 months and up to 5 years. 2 months if older than 5 years 2 months if older than 5 years Valid from the first day of the month Valid from the day following the Valid from the day following the following the notification of the notification of the notification of the notice. notice. advance notice (art. 4). 2) Integration of the month of 2) Integration of the month of 2) Integration of the month of dismissal: dismissal: dismissal: It corresponds to pay It is not appropriate to pay It is not appropriate to pay. It is appropriate to pay only in the event that advance notice is not granted (not during the trial period) page 3 (art. 4). Machine Translated by Google Law 25,877 provides a single notice regime that applies to all workers regardless of the date of entry, thus solving the overlapping regimes according to the date of entry of the worker that Law 25,013 had introduced to determine its validity ( article 5). c) Compensation for seniority LCT Law 25,013 Law 25,877 (until 10/02/98) (since 10/03/98) Best monthly, normal 1/12 part of the best Best monthly, normal and usual remuneration monthly, normal and and usual remuneration for each year of service or customary remuneration for each year of service or fraction greater than 3 months for each month of service or fraction greater than 3 months (with a limit) fraction greater than 10 (with a limit) (art. 5) days Minimum floor: 2 times the Minimum floor: 2/12 part of Minimum floor: Best best monthly salary, the best monthly salary, monthly, normal and usual normal and usual normal and usual (with a remuneration (unlimited): 2 monthly cap): one sixth of the (Unlimited): 1 monthly salaries monthly salary salary (art. 5) The reform maintains the text of art. 245 of the LCT according to reform of law 24,013 adapted to jurisprudential criteria and current modalities of labor relations. The floor of one month of the best monthly, normal and habitual remuneration is an intermediate point between the budgets that established the norms that coexisted for such assumption (arts. 245 LCT and 7 of the law 25,013). COLLECTIVE RIGHTS a) Collective labor agreements Enforcement authority: Ministry of Labour, Employment and Social Security See chart on page 5 page 4 Machine Translated by Google Law 25,250 Law 25,877 a) The representative aptitude of the union and the a) Leave the determination of the representation of group or associations of employers is taken into account to the employer sector to the enforcement authority. determine the scope of the collective agreement. b) To homologate, only the legality control is required. b) To homologate, control of legality and timeliness is required. c) Approval of the company agreement is not c) Approval of the company agreement is required. required, unless requested by a party. d) Validity: 2 years from the date on which one of the parties d) Validity: until a new agreement replaces it (ultra- denounces it, unless different expiration dates have been activity), unless the parties agree otherwise or establish established for the different clauses, ultra-activity would have been agreed or a terms of validity of the conventional clauses. new agreement would come into effect. e) Joint Commissions: Composed of representatives of e) Joint Commissions: Made up of employers and workers and chaired by an official appointed representatives of workers and employers under the terms by the Ministry of Labor. Faculties: of the agreement, unless requested by a party and only to 1) Interpret the convention with a general scope interpret the agreement. Faculties: collective. 1) Interpret the convention with a general scope 2) Proceed to the qualification of the personnel collective. and to determine the category of the establishment. 2) Intervene in controversies or conflicts of an individual 3) Intervene in individual disputes arising from the or multi-individual nature, through the application of application of the collective agreement. conventional norms. 3) Intervene in individual disputes arising from the application of the collective agreement. 4) Classify the new tasks that are created and reclassify those that undergo modifications as a result of technological innovations or new forms of organization of the company. f) The need to integrate the representation of the f) The need to integrate the representation of the workers to celebrate a company agreement with the workers to celebrate a company agreement with the personnel delegates. personnel delegates. g) Agreement of lesser scope prevails over the one of g) Minor scope agreement only prevails over the major greater scope, even if it contains clauses less scope agreement if it contains clauses more favorable. favorable. Universality of matters to be dealt with by the minor scope The minor scope agreement may consider: agreement. 1) matters not delegated by the higher scope 2) matters not dealt with by the larger scope 3) matters pertaining to the organization of the company 4) more favorable conditions for the worker h) Privileges collective bargaining with the lower union. h) Privileges collective bargaining with the higher grade union. page 5 Machine Translated by Google Law 25,877 receives the distinctive elements of the Collective Labor Law and the principles of the ILO. It reaffirms the exercise of the autonomy of the collective will as the most genuine way of exercising freedom of association. Law 14,250 recognized the existence of an employer subject and a worker subject identified with the Trade Union Association of Workers with trade union status representative of the labor group that it is intended to regulate. The reform accepts the profound changes produced in the universe of labor relations and for the recognition and legitimacy of the representation of the actors in collective bargaining, the labor administrative authority may use extension mechanisms applying the agreement to all workers of the activity or category as well as all the employers, without prejudice to whether or not they are affiliated to the respective signatory associations through the homologation institute. For the homologation, since only the control of legality is required and all other requirements are excluded, the standard guarantees the freedom of negotiation in the broadest sense as established by the ILO Convention 98. The norm proposes the articulation of the agreements from those of greater scope, respecting the order of priority of the norms and the general principles of labor law, as "the most favorable condition for the worker". This is so because the legislator has understood that there is a clear and robust correlation between income inequality and the negotiation structure, concluding that the most centralized and coordinated negotiation systems appear to be associated with lower unemployment and income equality, and due to the On the contrary, decentralization increases inequality and is associated with union weakness. b) Agreements of companies in crisis Law 14,250 Law 24,013 Law 25,877 Chapter V is incorporated, which is In Title III, Chapter VI (art. 98) it Art. 18 that introduces art. 25 of 14,250 called "Agreements of establishes as signatory parties to establishes that the agreement can only Companies in Crisis” (art. 25) the agreement of companies in crisis be made between the employer and the employer and the Trade Union the signatory parties of the collective Association of Workers agreement. In other words, between the employer, the Trade Union Association that entered into the agreement and the Business Representation that participated in such celebration. The “pick-up” clause in the new wording has the following particularities: 1. It will allow the use of this institute not to generate situations of unfair competition. 2. Provides for the exclusion of a company from the collective agreement in whole or in part. 3. The difference in terms of the parties involved in the procedure generates a question regarding the application authority that must be determined- and will naturally lead to greater delays in the processing of the same. page 6 Machine Translated by Google Law 25250 Law 25,877 a) Duty to negotiate in good faith a) Duty to negotiate in good faith b) Right to information b) Right to information c) Creation of new alternative ways of c) Conflict resolution through the conflict resolution: provisions of Law 14,786 or a mediation, c.1) Require the intervention of mediators conciliation and arbitration service within the public or private Ministry of Labor while preserving its c.2) Sign an arbitration commitment autonomy. c.3) Submit to the intervention of the federal mediation and arbitration service. The norm, collecting the widespread claim of the doctrine, has incorporated a sanction against non-compliance with the principle of negotiation in good faith between the parties: the judicial complaint, which is of a very summary nature. d) Collective disputes Law 25,250 and Dec. 843/00 Law 25,877 Essential services are considered: They are considered essential services -Health and hospital services -Health and hospital services -Production and distribution of drinking water and electricity -Production and distribution of water, electricity and gas -Telephone services -Air traffic control -Air traffic control (art. 24) Power to classify as essential an activity not included in the Power to classify as essential an activity not included in the preceding enumeration: Ministry of preceding list: Independent commission whose integration will be Work of the Nation when: defined by the regulations, when: -The extent and duration of the interruption of the activity in question could endanger the life, health or safety of the person in -The duration and territorial extension of the interruption of the all or part of the community activity by the measure could endanger the life, safety or health of all or part of the population -The affected activity constitutes a public service of transcendental importance or of public utility -It will be a public service of transcendental importance according to the ILO control bodies -The interruption or suspension of the service could cause a situation of acute national crisis that would endanger the normal The Commission will rule after a conciliatory instance has conditions or existence of the population been initiated. (art. 24) page 7 Machine Translated by Google BALANCE SOCIAL Law 25,250 and Dec. 1171/00 Law 25,877 The company with more than 500 workers must The company with more than 300 workers must annually prepare a social balance. This document annually prepare a social balance. This document will be delivered by the company to the union will be delivered by the company to the union with representation of its workers within 30 days of its trade union status, signatory of the applicable collective preparation (art. 18). bargaining agreement within 30 days of its preparation. A copy of the balance will be deposited in the Ministry of Labor, Employment and Social Security, which will be considered confidential (art. 25). Law 25,877 accepts not only the provisions of Law 25,250 (art. 18) but especially the regulations made by Decree 1171/00 and clarification made by Resolution 23/01 of the Ministry of Labor. The regulation of this standard is not only necessary but essential to give it the operability that it lacks. LABOR ADMINISTRATION Law 25,250 Law 25,877 Creates the Integrated System of Labor and Social Creates the Comprehensive System of Labor and Social Security Inspection (art. 19) Security Inspection (art. 28) When a local labor inspection service does not comply When a local labor inspection service does not comply with the requirements of ILO Conventions 81 and 129 or with the requirements of ILO Conventions 81 and 129 or those derived from this Chapter (Chapter I of Title VI), the those derived from this chapter (Chapter I of Title III), the Ministry of Labor, Employment and Training of Human Ministry of Labor, Employment and Social Security, after Resources will propose to the Federal Labor Council the intervening of the Federal Labor Council will exercise the elaboration of a reorganization program (art. 22) corresponding powers in coordination with it and with the provincial jurisdictions (art. 30) Establishes rules related to the legal regime of inspectors, It does not establish rules related to the legal status guarantees and incompatibilities (arts. 27, 28 and 29) of inspectors, guarantees and incompatibilities. This does not imply that similar provisions contained in ILO Conventions 81 and 129 do not apply. Child labor: This law did not contain any regulations Child labor: Entrusts the Ministry of Labor, related to this issue. Employment and Social Security without prejudice to the powers of labor inspection in charge of provincial agencies- carry out throughout the territory national coordinated control actions with the different jurisdictions. The actions carried out, when infractions are verified, must be sent to the local administrations for the continuation of the procedure in order to apply the pertinent sanctions (Art. 35). Empowers the Ministry of Labor, Employment and Social Security to verify and supervise throughout the national territory, concurrently with the AFIP, compliance by employers with the obligation to declare and enter the contributions and contributions on salaries that integrate the Single System of Social Security. When infractions are verified, the Ministry of Labor must apply the corresponding penalties with application of the AFIP sanctioning regime, to whom it will send the actions after applying the sanction. page 8 Machine Translated by Google Art. 30 Law 25,877: In order to avoid institutional problems, while the powers of the federal government are limited to those that have been delegated by the provinces and taking into account that an intervention is only allowed in the cases of exception to which it refers the art. 6 of the National Constitution, a reason of prudence advises that it be carried out as a collaborative action and not as a substitution of the local authority, which must be achieved -especially- through the "equipment and professional training" referred to in art. . 2nd inc. d) of the Federal Labor Pact. REGISTRATION SIMPLIFICATION Law 25,250 Law 25,877 Establishes within the scope of the Ministry of Labor, Establishes the Ministry of Labor, Employment and Employment and Training of Human Resources a Social Security as the authority that must establish the unit for the execution of the process of simplification and body in charge and the procedures aimed at simplifying or unification in terms of labor registration and social unifying labor registration and social security (art. 39). security, with the aim that the registration of workers and employers is fulfilled in a single act and through a single The same rule delegates to the National Executive Power the procedure (art. 32) power to dictate the rules for its regulation and instrumentation. Various regulatory decrees were issued (1122/00, 96/01 and 129/01), but in practice it never worked. The simplification and unification of the registry inscription aims to synthesize in a single procedure and in a single form, the registration of the new workers in a dependency relationship that are incorporated, in order to avoid the number of complex procedures that the employer must carry out to hire a worker. This can have a positive effect on the creation of jobs in the segment of the smallest productive units. WORK COOPERATIVES Law 25,250 Law 25,877 It establishes that the partners who work in fraud to It establishes that the partners who work in labor law fraud the labor law will be considered dependent workers of the will be considered dependent workers of the user cooperative. (Art. 4) company for which they provide services. (article 40) page 9 Machine Translated by Google EMPLOYMENT PROMOTION Law 25,250 Law 25,877 Applies to employers in general (art. 2) It applies to companies with up to 80 workers. (Art. Partial reduction of social contributions 6- Dec. Regl. 817/04) -Reduction of 1/3 of the contributions for all Partial reduction of social contributions for a term workers for an indefinite period of time, who have of 12 months for all new workers who join up to increased the payroll from the first month after 12/31/04 the end of the trial period (art. 2). -Reduction of 1/3 of the contributions for all new workers (except temporary) -Reduction of ½ of the contributions when the (Art. 6-Dec. Regl. 817/04). worker was a man aged 45 or over, a female -Reduction of ½ of the contributions when head of household of any age, or a young man or it is a beneficiary of the Heads of Household woman up to 24 years of age (art. 2). Program. (art. 6- Dec. Reg. 817/04). · Actions aimed at promoting employment are articulated on three concepts: employment, employability and quality of employment and have as their objective: 1. Identification of activity sectors and companies with the greatest potential for job creation. 2. call for public and private actors to develop projects and actions that allow the incorporation of unemployed workers. 3. Identification of companies and sectors in crisis to support them with projects of recovery and strengthening. 4. Identification of workers with a low level of qualification and work experience to strengthen their employability. 5. Reinsertion of beneficiaries of social plans and workers unemployed in the productive sector of small and medium enterprises encouraged by the reduction of their contributions. Its heterodox spirit is based on the national income distribution scheme as a tool for poverty reduction and economic growth. The law also incorporates the concept of "decent work" accepting the ILO paradigm where it was defined as synonymous with "productive work", "sufficient work" in relation to adequate income, social protection, social dialogue, freedom of association, negotiation collective and participation (conf. Memory of Juan Somavía, Director General of the ILO at the 87th Meeting of the International Labor Conference, 1999). This report was prepared by the Cabinet Advisors of the Ministry of Labor of the Province of Buenos Aires. Dra. Liliana Moiso Dra. Nelly Mendoza page 10 Machine Translated by Google LAW OF LABOR REGULATION (Law 25,877) EPISODE 2 page 11 Machine Translated by Google ATTACHMENT I. LABOR REGIME Law 25,877 Repeal Law No. 25,250 and its regulations. Organization of the Labor Regime. Individual Labor Law. Trial period. Expire of the job contract. Notice. Employment Promotion. Collective Labor Law. Collective negotiation. Collective Bargaining Procedure. Collective Labor Conflicts. Social Balance. Labor Administration. Labor Inspection. Registration Simplification. Work Cooperatives. Final Provisions. Sanctioned: March 2, 2004. Enacted: March 18, 2004. The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law: PRELIMINARY TITLE OF THE REGULATION OF THE LABOR REGIME ARTICLE 1 Repeal Law No. 25,250 and its regulations. TITLE I INDIVIDUAL LABOR LAW Chapter I From the Trial Period ARTICLE 2 Replace article 92 bis of the Labor Contract Law No. 20,744 (to 1976) and its amendments, by the following: "Article 92 bis. The work contract for an indeterminate period of time, except for the one referred to in article 96, shall be understood to be entered into on a trial basis during the first THREE (3) months of validity. Either party may terminate the relationship during that period without expression of consent. cause, without the right to compensation due to termination, but with the obligation to give prior notice as established in articles 231 and 232. The trial period will be governed by the following rules: 1. An employer cannot hire the same worker, more than once, using the trial period. If they do so, it will be considered by right that the employer has waived the trial period. 2. The abusive use of the trial period in order to avoid the effective employment of workers will be subject to the sanctions provided for in the regimes on infractions of labor laws. In particular, the conduct of the employer who successively hires different workers for the same job of a permanent nature will be considered abusive. page 12 Machine Translated by Google 3. The employer must register the worker who begins their employment relationship for the trial period. Otherwise, without prejudice to the consequences arising from such non- compliance, it will be understood as a matter of right that said period has been waived. 4. The parties have the rights and obligations of the employment relationship, with the exceptions established in this article. Such recognition on the worker includes trade union rights. 5. The parties are obliged to pay contributions and contributions to Social Security. 6. The worker has the right, during the trial period, to benefits for work-related accidents or illnesses. Also due to accident or inculpable illness, which will last exclusively until the end of the trial period if the employer terminates the employment contract during that period. The application of the provisions of the fourth paragraph of article 212 is excluded. 7. The trial period will be computed as time of service for all labor and Social Security purposes.” Chapter II Of the Termination of the Employment Contract advance notice ARTICLE 3 Replace article 231 of the Labor Contract Law, No. 20,744 (to 1976) and its amendments, by the following text: "Article 231. The employment contract may not be dissolved by the will of one of the parties, without prior notice, or failing that, compensation in addition to that which corresponds to the worker for his seniority in employment, when the contract is dissolved by will of the employer. The prior notice, when the parties do not fix it in a longer term, must be given with the following anticipation: a) by the worker, FIFTEEN (15) days; b) by the employer, FIFTEEN (15) days when the worker is in a trial period; of ONE (1) month when the worker had a seniority in employment that does not exceed FIVE (5) years and of TWO (2) months when it is higher." ARTICLE 4º Replace article 233 of the Labor Contract Law, No. 20,744 (to 1976) and its amendments, by the following text: "Article 233. The terms of article 231 will run from the day following the notification of the notice. When the termination of the employment contract ordered by the employer occurs without page 13 Machine Translated by Google prior notice and on a date that does not coincide with the last day of the month, the substitutive compensation due to the worker will be integrated with a sum equal to the wages for the remaining days until the last day of the month in which the dismissal occurred. The integration of the month of dismissal will not proceed when the termination occurs during the trial period established in article 92 bis." Compensation for Dismissal without Just Cause ARTICLE 5 Replace article 245 of the Labor Contract Law, No. 20,744 (to 1976) and its amendments, by the following: “Article 245. In cases of dismissal ordered by the employer without just cause, whether or not there has been prior notice, the employer must pay the worker an indemnity equivalent to ONE (1) month's salary for each year of service or fraction greater than THREE ( 3) months, based on the best monthly, normal and usual remuneration earned during the last year or during the time of provision of services, if less. Said base may not exceed the equivalent of THREE (3) times the monthly amount of the sum resulting from the average of all remunerations provided for in the collective bargaining agreement applicable to the worker, at the time of dismissal, for the legal or conventional working day, excluding seniority. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY shall be responsible for setting and publishing the resulting average, together with the salary scales of each Collective Bargaining Agreement. For those workers excluded from the collective labor agreement, the limit established in the previous paragraph will be that of the agreement applicable to the establishment where they provide services or to the most favorable agreement, in the event that there are more than one. For those workers paid on commission or with variable remuneration, the agreement to which they belong or the one applied in the company or establishment where they provide services will apply, if this is more favorable. The amount of this compensation in no case may be less than ONE (1) month's salary calculated on the basis of the system established in the first paragraph." Chapter III Employment Promotion ARTICLE 6 The company that employs up to EIGHTY (80) workers, whose annual billing does not exceed the amount established by the regulations and that produces a net increase in its payroll, will enjoy a reduction in its Social Security contributions for the term of TWELVE (12) months, in relation to each new worker who incorporates until December 31, 2004. The reduction will consist of a partial exemption from contributions to the Social Security system, equivalent to a third of current contributions. When the worker who is hired to fill the new job is a beneficiary of the Heads of Household Program, the partial exemption will rise page 14 Machine Translated by Google half of said contributions. The conditions that must be met to enjoy this benefit, as well as the composition of the reduction, will be set by the regulations. The aforementioned reduction may not affect the financing of Social Security, nor the rights conferred on workers by Social Security regimes, nor alter contributions to social works. The NATIONAL EXECUTIVE POWER, based on the forecasts made by the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, will adopt the necessary budgetary measures to compensate for the application of the reduction in question. This benefit will be valid until December 31, 2004, and the NATIONAL EXECUTIVE POWER is authorized to extend its validity or reduce the limits established in this article, based on the evolution of employment rates. Annually, the National Executive Power must inform the Labor Legislation Commissions of both Chambers of the National Legislative Power about the objective elements that founded the adopted determination. The cessation of this promotion regime will not affect its enjoyment by the companies to which it had been agreed, with respect to the workers incorporated during its validity. This benefit will not apply to contracts regulated in article 99 of the Labor Contract Law, No. 20,744 (to 1976) and its amendments. ARTICLE 7 The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will promote the inclusion of the concept of decent work in national, provincial and municipal public policies. To this end, it will execute and promote the implementation, articulated with other national, provincial and municipal agencies, of actions aimed at sustaining and promoting employment, reinserting unemployed workers into the labor market and training and professionally training workers. TITLE II COLLECTIVE LABOR LAW Chapter I Collective negotiation ARTICLE 8 Replace article 1 of Law No. 14,250 (to 1988) and its amendment, by the following: “Article 1 Collective labor agreements entered into between a professional association of employers, an employer or a group of employers, and a trade union association of workers with trade union status, are governed by the provisions of this law. Only the workers included in Laws No. 23,929 and No. 24,185 are excluded from this law, insofar as said norms regulate their own conventional regimes.” ARTICLE 9º Replace article 2º of Law Nº 14.250 (to 1988) and its page 15 Machine Translated by Google modification, by the following: "Article 2º In the event that the employers' association or associations that had agreed to the previous collective agreement had ceased to exist or that the existing one could not be qualified as sufficiently representative or that there were none, the application authority, following the guidelines that must looking at the regulations, will attribute the representation of the employer sector to a group of those in relation to whom the convention must operate or have as representatives of all of them who or who may be considered legitimate to assume the character of a party in the negotiations. ” ARTICLE 10. Substitute article 3 of Law No. 14,250 (to 1988) and its amendment, by the following: "Article 3 Collective agreements must be held in writing and shall include: a) Place and date of its celebration. b) The name of the participants and accreditation of their legal capacity. c) The activities and categories of workers to which they refer. d) The area of application. e) The period of validity. f) The subjects of the negotiation.” ARTICLE 11. Replace article 4 of Law No. 14,250 (to 1988) and its amendment, by the following: "Article 4º The norms originated in the collective agreements that are homologated by the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, in its capacity as application authority, will govern with respect to all the workers of the activity or of the category within the scope to which These conventions refer, in the case of an agreement intended to be applied to more than one employer, they will reach all those included in their particular areas, all without prejudice to whether or not the workers and employers invest the character of affiliates to the respective signatory associations. It will be an essential assumption to access the homologation, that the agreement does not contain clauses that violate public order regulations or that affect the general interest. The collective labor agreements of companies or groups of companies must observe the conditions established in the preceding paragraph. and they will be submitted to the enforcement authority for registration, publication and deposit, in accordance with the provisions of article 5 of this law. Notwithstanding the foregoing, these agreements may be approved at the request of a party.” ARTICLE 12. Article 5 of Law No. 14,250 (to 1988) and its page 16 Machine Translated by Google modification, by the following: "Article 5 The collective agreements will be in force from the date on which the administrative act that resolves the homologation or registration, as the case may be, was issued. The text of the collective agreements will be published by the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, within TEN (10) days of registration or approval, as appropriate. After this term, the publication made by any of the parties in the manner established by the regulations, will have the same legal effects as the official publication. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will keep a record of the collective agreements, for which purpose the instrument of the same will be deposited in the aforementioned MINISTRY.” ARTICLE 13. Replace article 6 of Law No. 14,250 (to 1988) and its amendment, by the following: "Article 6 A collective labor agreement, whose term has expired, will maintain the full validity of all its clauses until a new collective agreement replaces it, unless otherwise agreed in the expired collective agreement. The parties may establish different terms of validity of the conventional clauses. ARTICLE 14. Substitute Article 13 of Law No. 14,250 (to 1988) and its amendment, by the following: "Article 13. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will be the enforcement authority of this law and will monitor compliance with collective agreements." ARTICLE 15. Replace article 14 of Law No. 14,250 (to 1988) and its amendment, by the following: "Article 14. Collective labor agreements may provide for the establishment of Joint Commissions, made up of an equal number of representatives of employers and workers, whose operation and attributions will be those established in the respective agreement, without prejudice to the provisions of the following article .” ARTICLE 16. Article 15 of Law No. 14,250 is replaced page 17 Machine Translated by Google (to 1988) and its modification by the following: "Article 15. These commissions will be empowered to: a) Interpret the collective agreement with a general scope, at the request of any of the parties or the application authority. b) Intervene in controversies or conflicts of an individual or multi-individual nature, due to the application of conventional norms when the parties to the collective bargaining agreement so agree. c) Intervene when a collective conflict of interest arises when both parties to the collective bargaining agreement so agree. d) Classify the new tasks that are created and reclassify those that undergo modifications as a result of technological innovations or new forms of organization of the company. The decisions adopted by the Commission shall be incorporated into the Collective Bargaining Agreement, as an integral part thereof." ARTICLE 17. Substitute Article 16 of Law 14,250 amending by (to 1988) and his the following: "Article 16. Any of the parties to a collective bargaining agreement, which does not provide for the operation of the commissions referred to in Article 14, may request the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY the constitution of a Joint Committee for the purposes and with the powers provided for in paragraph a) of the previous article. Said Commission will be chaired by an official appointed by the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY and will be made up of an equal number of representatives of workers and employers.” ARTICLE 18. Incorporate in Law No. 14,250 (to 1988) and its amendment, with the identifications and names indicated in each case, the following Chapters: "Chapter III - Areas of Collective Bargaining"; "Chapter IV - Articulation of Collective Agreements"; "Chapter V Agreements for Companies in Crisis" and "Chapter VI Promotion of Collective Bargaining", which will contain the articles that are included in each case. Chapter III Areas of Collective Bargaining. Article 21. The collective agreements will have the following personal and territorial areas according to what the parties agree within their representative capacity: National, regional or other territorial agreement. Intersectoral agreement or framework. Activity agreement. Agreement of profession, trade or category. Company agreement or group of companies. page 18 Machine Translated by Google Article 22. The representation of the workers in the negotiation of the company collective agreement, will be in charge of the union whose union status includes them and will also be integrated with staff delegates, in a number that does not exceed the representation established in article 45 of Law No. 23,551 up to a maximum of FOUR (4), regardless of the number of workers included in the collective bargaining agreement in question Chapter IV Articulation of Collective Agreements. Article 23. Collective agreements of a larger scope may establish forms of articulation between bargaining units of different scopes, adjusting the parties to their respective powers of representation. Said agreements may determine their own matters and expressly refer to the matters to be negotiated in agreements of lesser scope. Minor scope agreements, if there is a larger scope agreement that includes them, may consider: a) Matters delegated by the agreement of greater scope. b) Matters not dealt with by the higher scope. c) Matters of the organization of the company. d) More favorable conditions for the worker. Article 24. The following order of precedence of regulations is established: a) A subsequent collective agreement may modify a previous collective agreement of the same scope. b) A subsequent agreement of a different scope, greater or lesser, modifies the previous agreement insofar as it establishes more favorable conditions for the worker. To this end, the comparison of both agreements must be made by institutions". page 19 Machine Translated by Google Chapter IV Balance Social ARTICLE 25. Companies that employ more than THREE HUNDRED (300) workers must prepare, annually, a social balance that collects systematized information related to work and employment conditions, labor costs and social benefits in charge of the company. This document will be delivered by the company to the union with trade union status, signatory of the applicable collective bargaining agreement, within THIRTY (30) days of its preparation. A copy of the balance will be deposited in the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, which will be considered strictly confidential. Companies that employ workers distributed in several establishments must prepare a single social balance, if the applicable collective agreement is for activity or if a single company collective agreement is applied. In the event that the same company is a subscriber to more than one collective bargaining agreement, it must prepare a social balance in each case, regardless of the number of workers included. ARTICLE 26. The social balance will include the information indicated below, which may be expanded by the regulations taking into account, among other considerations, the activities in question: a) Annual general balance, profit and loss account, notes supplementary information, attached tables and exercise report. b) State and economic and financial evolution of the company and of the market in which act. c) Incidence of labor cost. d) Evolution of the average wage bill. His distribution according levels and categories. e) Evolution of staffing and distribution of working time. f) Staff turnover by age and sex. g) Training. h) Effective personnel. i) Regime of internships and rented practices. j) Statistics on occupational accidents and inculpable illnesses. k) Outsourcing and subcontracting carried out. l) Technological and organizational innovation programs that have an impact on the staff or may involve modification of working conditions. ARTICLE 27. The first social balance of each company or establishment will correspond to the year following that in which the legally required minimum number of workers is registered. page 20 Machine Translated by Google TITLE III LABOR ADMINISTRATION Chapter I Labor Inspection ARTICLE 28. Create the Comprehensive Labor and Social Security Inspection System (SIDITYSS), intended to control and monitor compliance with labor and social security standards throughout the national territory, in order to guarantee the rights of the workers provided for in article 14 bis of the National Constitution, and in the International Agreements ratified by the Argentine Republic, eliminate unregistered employment and other distortions caused by non-compliance with labor and social security regulations. The administrative authority of labor and national social security and the provincial authorities and the Autonomous City of Buenos Aires will integrate the system, which will act under the principles of co-responsibility, co-participation, cooperation and coordination, to guarantee its effective and homogeneous operation in all the national territory. To this end, agreements will be signed and actions will be carried out with the provinces and the Autonomous City of Buenos Aires, in order to achieve the goals and objectives described in the preceding paragraphs. The agreements entered into by the National State with the Provinces and the Autonomous City of Buenos Aires, prior to the sanction of this law, will remain in force until they are modified. The provinces and the Autonomous City of Buenos Aires are invited to dictate regulations similar to those of this chapter in their respective jurisdictions. ARTICLE 29. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY shall be the enforcement authority of the Comprehensive Labor and Social Security Inspection System throughout the national territory. As such, it corresponds: a) Ensure that the different services of the system comply with the rules that regulate them and, in particular, with the requirements of Conventions 81 and 129 of the International Labor Organization. b) Coordinate the performance of all services, formulating recommendations and drawing up improvement plans. c) Exercise the other functions assigned to the central authority by Conventions 81 and 129 of the International Labor Organization, its complementary recommendations and those others that contribute to the best performance of the services. d) Act, through complementary inspection actions, in those jurisdictions where there is a high rate of non-compliance with labor and social security regulations, previously informing and notifying the local service. e) Collect and promote, especially with a view to detecting unregistered work, the coordinated participation and collaboration of entities page 21 Machine Translated by Google representatives of workers and employers. ARTICLE 30. When a local labor inspection service does not comply with the requirements of Conventions 81 and 129 of the Organization Labor International or with those derived from this chapter, the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, prior intervention of the Federal Labor Council, will exercise the corresponding powers in coordination with it and with the provincial jurisdictions. ARTICLE 31. The inspection services included in the Comprehensive Labor and Social Security Inspection System (SIDITYSS) must have adequate resources for the real and effective provision of the service and will keep a Record of Inspection, Infractions and Sanctions. Organizations must be informed business and trade unions about the activities carried out and the results achieved. The union representatives of the workers shall have the right to accompany the inspector during the inspection and to be informed of its results. ARTICLE 32. The inspectors will act ex officio or by complaint, they will record the results of their actions in minutes and, where appropriate, will initiate the procedure for the application of sanctions. In the exercise of their functions and within their jurisdiction, inspectors are empowered to: a) Enter the places subject to inspection, without the need for prior notification or a search warrant. b) Request the information and carry out the evidentiary procedures that they consider necessary, including the identification of the people who are in the inspected workplace. c) Request the documents and data they deem necessary for the exercise of their functions, order compliance with the rules and summon those responsible for their compliance. d) Close workplaces in the cases provided for by law and order the immediate suspension of tasks that, in the judgment of the enforcement authority, imply a serious and imminent risk to the health and safety of workers. In all cases, the inspectors will draw up a circumstantial record of the procedure that they will sign together with the person or persons responsible. Those responsible for compliance with labor and social security regulations are obliged to collaborate with the inspector, as well as to provide him with the information and documentation necessary for the development of his powers. The public force must provide the assistance required by the inspector in the exercise of his functions. ARTICLE 33. Once the infringement of the labor regulations that imply, in accordance with page 22 Machine Translated by Google in any way, tax evasion or Social Security, the fact must be formally reported to the Federal Administration of Public Revenue and/or to other fiscal control agencies. It without prejudice, in the corresponding case, of the irrefutable notification to the immigration control authorities for the purposes of the application of Law No. 25,871. ARTICLE 34. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY shall allocate all the resources obtained by the application of pecuniary sanctions to the infraction of labor regulations, either by rule of Law No. 25,212 or of article 37 of the present, to the strengthening of the labor inspection service. ARTICLE 35. Without prejudice to the labor inspection powers of the Provincial Governments and the Autonomous City of Buenos Aires, the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will carry out coordinated actions throughout the national territory with the respective jurisdictions of supervision for the eradication of child labour. The actions carried out by said Ministry in which non-compliances are verified, must be sent to said local administrations, which will continue with the procedure for the application of the corresponding sanctions. ARTICLE 36. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will proceed, without prejudice to the concurrent powers of the Federal Administration of Public Revenues, to verify and supervise throughout the national territory, the compliance by employers with the obligation to declare and enter the contributions and contributions on the payroll, which make up the Single Social Security System, in charge of the National Social Security Administration, in accordance with the regulations in force on the matter. ARTICLE 37. When the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, in exercise of the powers conferred in the previous article, verifies infractions by employers of social security obligations, it will apply the corresponding penalties, using the typification, procedure and sanctioning regime which, for this purpose, is applied by the Federal Public Revenue Administration. Subsequently, it will send the actions to the Federal Administration of Revenues Public for the determination, notification, collection and, in its case, execution of the debt, within the framework of its competence. page 23 Machine Translated by Google ARTICLE 38. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY and the Federal Administration of Public Revenues, will dictate the complementary regulations and will approve the models of actuarial instruments necessary for their implementation, within the term of SIXTY (60) days from the entry into force of this law. Chapter II Registration Simplification ARTICLE 39. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY shall establish the body in charge and the procedures aimed at simplifying and unifying labor registration and Social Security matters, so that the registration of employers and workers is carried out in a single act and through a single procedure. The NATIONAL EXECUTIVE POWER shall dictate the rules for the regulation and implementation of the provisions of this article. Chapter III Work Cooperatives ARTICLE 40. Labor inspection services are empowered to exercise control over work cooperatives for the purpose of verifying compliance with labor and social security regulations in relation to dependent workers at their service, as well as to the partners of her who acted in fraud to the labor law. The latter will be considered dependent workers of the user company for which they provide services, for the purposes of applying labor and social security legislation. If during these inspections it is verified that a denaturation of the cooperative figure has been incurred with the purpose of evading, totally or partially, the application of the labor legislation, they will denounce, without prejudice to the exercise of their power to verify the infractions to the labor regulations and proceed to their judgment and sanction, this circumstance to the specific authority of public control to the effects of article 101 and related to Law No. 20,337. Worker cooperatives may not act as companies providing temporary or seasonal services, or in any other way provide services of placement agencies. TITLE IV FINAL PROVISIONS ARTICLE 41. Repeal Law No. 17,183, articles 17 and 19 of Law No. 14,250 to 1988; Article 92 of Law No. 24,467, Articles 4, 5, 6, 7, 8, 10, 11 and 13 of Law No. 25,013 and Decree No. 105/00. page 24 Machine Translated by Google ARTICLE 42. The repeal of Laws No. 16,936, No. 18,608, No. 18,692 and No. 20,638 is ratified; articles 11, 18 and 20 of Law No. 14,250 to 1988; Articles 12, 14, 15 and 16 of Law No. 25,013, subsection e) of Article 2 of Annex I of Law No. 25,212 and Decrees No. 2184/90 and No. 470/93. ARTICLE 43. The provisions of article 2 of this law shall apply to all labor relations initiated after its entry into force. ARTICLE 44. Until the NATIONAL EXECUTIVE POWER issues the regulations provided for in article 24 of this law, Decree No. 843/00 will remain in force temporarily. ARTICLE 45. All the terms established in this law, except those established in Title I, will be computed in administrative business days. ARTICLE 46. Communicate to the National Executive Power. GIVEN IN THE SESSION ROOM OF THE ARGENTINE CONGRESS, IN BUENOS AIRES ON THE TWO DAYS OF THE MONTH OF MARCH OF THE YEAR TWO THOUSAND AND FOUR. REGISTERED UNDER NO. 25,877 EDUARDO O. CAMAÑO. - MARCELLO A. GUINLE. -EDUARDO D. ROLLANO. -JUAN ROAD. II. LABOR REGIME Decree 817/2004 Included in the benefit established by article 6 of Law No. 25,877 are the companies defined in article 5 of the Labor Contract Regime approved by Law No. 20,744 (to 1976) and its amendments, which employ up to eighty workers and whose annual turnover net does not exceed a certain sum. Bs. As., 23/6/2004 SEEING File No. 1,091,447/2004 of the Registry of the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY, Law No. 25,877, and CONSIDERING: That article 6 of Law No. 25,877 established a benefit for those employers who produce a net increase in their payroll, consisting of a reduction in their Social Security contributions. That, without prejudice to the powers of the EXECUTIVE POWER page 25 Machine Translated by Google NATIONAL to dictate rules tending to the application of the aforementioned article, it expressly provided that, through regulations, the annual billing amount that must be taken into account at the time of granting the aforementioned benefit is set. That, likewise, and based on similar provisions, it is necessary to specify the scope of the reduction in Social Security contributions. That, for its implementation, it is necessary to define the concept of "net increase in the payroll of workers" and, in its relation, adopt the necessary precautions to avoid its distorted application. That, likewise, the conditions under which employers may make use of said benefit must be determined, as well as the circumstances that will cause its loss. That this regulation must capitalize on the experience gained by applying the promotion established in article 2 of Law No. 25,250 and its implementation by Decree No. 568 of July 13, 2000, improving its operation and, especially, trying to avoid distortions that distort its essence and objectives. That, with the same purpose, the NATIONAL EXECUTIVE POWER must reserve the power to re- elaborate this regulation, in the event of a possible extension of the promotion regime, beyond December 31, 2004. That the General Directorate of Legal Affairs of the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY has taken the intervention that corresponds to it. That this measure is issued in use of the powers conferred by article 99, paragraph 2, of the NATIONAL CONSTITUTION. Thus, THE PRESIDENT OF THE ARGENTINE NATION DECREES Article 1 Are considered included in the benefit established by article 6 of Law No. 25,877, the companies defined by article 5 of the Labor Contract Regime approved by Law No. 20,744 (to 1976) and its amendments, which employ up to EIGHTY ( 80) workers, whose net annual turnover does not exceed the amounts established in article 1 of Resolution No. 24 of February 15, 2001, replaced by Resolution No. 675 of October 25, 2002, both of the then SECRETARY OF SMALL AND MEDIUM-SIZED ENTERPRISES AND DEVELOPMENT REGIONAL, according to the following detail: EXERCISE MAXIMUM AMOUNT 1) AGRICULTURAL $ 10.800.000.- 2) INDUSTRY AND MINING $ 43.200.000.- 3) TRADE $ 86.400.000.- 4) SERVICES $ 21.600.000.- In the event that the UNDERSECRETARIAT FOR SMALL AND MEDIUM-SIZED ENTERPRISES AND REGIONAL DEVELOPMENT, dependent on the SECRETARIAT OF INDUSTRY, COMMERCE AND page 26 Machine Translated by Google OF SMALL AND MEDIUM ENTERPRISES of the MINISTRY OF ECONOMY AND PRODUCTION, issued a new resolution that modifies the amounts indicated above, or disaggregated them into new categories, said modification will govern as an update of the necessary guidelines for inclusion in the benefit, as of its publication in the Official Gazette. The amount of total sales, excluding the Value Added Tax and the internal tax that could be levied on them, corresponding to the average of the THREE (3) fiscal years immediately prior to the request for the promotion, will be computed as invoicing. Art. 2º They will be able to accede to the partial exemption of the contributions to the Social Security System, the companies that carry out new hirings under the regimens foreseen in the Laws Nos. 20,744 (to 1976), 22,248 and 22,250 and their respective amendments, with the sole exception of that provided for in Article 99 of the Labor Contract Regime, approved by Law No. 20,744 (to 1976) and its amendments. Art. 3 The net increase in the payroll of workers shall be understood as any hiring made after the entry into force of Law No. 25,877, which implies a nominal growth in the number of workers employed under the contractual forms admitted in article 2. of this Decree. For such purposes, the following parameters will be taken into account: a) The base number of the personnel thus hired will be taken as the number recorded in the Sworn Declaration of Contributions and Contributions intended for the national regimes of Social Security and Social Works, which the companies have presented as corresponding to the month prior to the of the benefit application. b) The company whose base number is lower than the one registered in January 2004, or one that had produced collective dismissals in the last semester of 2003, will not be able to access the benefit. c) When the request refers to seasonal workers, in a company that habitually uses this contractual form, the workers incorporated under said form in the cycle immediately prior to the request will be taken as the base number. d) Seasonal contracts will be excluded from the base number, when the request refers to the other contractual forms admitted in article 2 of this Decree. e) Contracts expressly excluded in article 6 of Law No. 25,877 will not be computed in the base number. f) Once the base number has been determined, it will be compared with the one stated in the declaration that the company will present when requesting the benefit, from which the invoked net increase must arise. g) The replacement of positions included in the base number defined in paragraph a) of this article shall not be considered a net increase. Article 4 Companies that meet the established requirements, in relation to each of the new workers incorporated under this regime, will enjoy the reduction contemplated in article 9 of this Decree. page 27 Machine Translated by Google The term of validity of the benefit will coincide with the hiring of the incorporated worker, up to a maximum of TWELVE (12) months and will be computed from the request for the Early Registration Code. This term will operate regardless of the validity of the Employment Promotion provided in the article that is regulated. Art. 5º When, after the granting of the exemption, the base number of workers is reduced due to staff dismissals, the company will lose as many benefits as casualties have occurred, if it does not have, within the term of THIRTY (30) days, the integration of the former through new hires without promotion. Art. 6 If the control authority confirms the use of this promotion with the intention of producing a replacement of personnel, all the benefits granted to the company involved will expire. Art. 7º The extinction of the contracts of the workers entered by the present regime, will expire for the company, the individual benefit affected to those. When the workers affected by the termination of their contracts were beneficiaries of the Heads of Household Program, they will continue to receive said benefit under the terms established in the Resolution of the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY No. 406 dated December 29 from 2003. Art. 8 The new companies that gave rise to new employment contracts and were constituted as of the publication of this Decree, will enjoy the benefits granted by this promotion regime, with respect to their entire staff, as long as it does not exceed the number of EIGHTY (80) workers. For these purposes, the following will not be considered new companies: a) Those arising from the segmentation of the production process of a pre-existing company, b) Those resulting from the merger or split of the companies or associations that are its owners; c) The transfer or assignment of a pre-existing company. Art. 9º The promotion of employment that is regulated, will be applied on the aliquots foreseen in article 2º of Decree Nº 814 of June 20, 2001 and its modifications. Art. 10. The NATIONAL EXECUTIVE POWER shall compensate the reduction in the collection of the Social Security System, derived from the application of the promotion that is regulated, through the procedure established in article 188, Second Paragraph, of Law No. 24,241, incorporated by Law No. 24,463. Art. 11. To access the benefit, companies must apply for the Early Registration Key before the FEDERAL PUBLIC REVENUE ADMINISTRATION (AFIP), as a sworn statement regarding compliance with the requirements of Law No. 25,877 and its regulations. The FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) is empowered to dictate the complementary regulations that may be necessary for the application of the Employment promotion benefit that is regulated. page 28 Machine Translated by Google When the hiring refers to beneficiaries of the Heads of Household Program, the employer will access the additional benefit established in article 6 of Law No. 25,877 when the worker complies with the notification provided for in article 1 of the Resolution of the MINISTRY OF LABOR , EMPLOYMENT AND SOCIAL SECURITY NO. 406/03. For such purposes, you must request a written copy of the fulfillment of the mentioned load. MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY Nº 406/03. For such purposes, you must request a written copy of the fulfillment of the mentioned load. Art. 12. In the event that, in exercise of the powers conferred by article 6 of Law No. 25,877, the NATIONAL EXECUTIVE POWER decides to extend the validity of the exemption regime beyond December 31, 2004, it will be determined, in that opportunity, the eventual modifications of the limits established in the Law and/or the requirements established in the present regulation. Art. 13. Notwithstanding the repeal of article 2 of Law No. 25,250, the benefits already granted by said rule will subsist while the individual contracts based on which they were granted are in force. The termination, for any reason, of these contracts will make the individual benefit affected by them expire for the company. Art. 14. The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY will be in charge of monitoring and controlling the beneficiary companies of this regime, for which it is empowered to dictate the necessary regulations for that purpose. In order to facilitate monitoring and control tasks, the FEDERAL ADMINISTRATION OF PUBLIC REVENUES (AFIP) must send monthly to the MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY all the information related to the beneficiary companies, such as sworn statements filed and contracts involved. Art. 15. Communicate, publish, give to the National Directorate of the Official Registry and File. -KIRCHNER. - Alberto A. Fernández.- Carlos A. Tomada. page 29