Sunday, November 22, 2009

Title For 35th Bday Invite





In this article we will explain in detail the rights of women in situations of pregnancy, compensation dismissal and practical considerations.

law in principle prohibits the work 45 days before delivery and 45 days after delivery. However, the employee may elect to reduce their pre-childbirth leave to accumulate leave days postpartum. The license can not be pre delivery less than 30 days, meaning that you can accumulate a maximum of 15 days, so that post-natal leave is 60 days. In the event of a premature birth occurs before the pre-delivery leave, you automatically enjoy 90 days of leave after childbirth. That is, always leave is 90 days, so if after 10 days of leave after childbirth birth occurs, then the worker will have 80 days of postnatal leave.

The worker during pregnancy (pregnancy) should notify their status as authentic, communicating the due date and by providing the employer the medical certificate to attest to this. It is extremely important to make such notification.



Dismissal due to pregnancy shall be presumed, unless proved otherwise, that the employees were dismissed because of motherhood when regardless disposed within the period of 7 months and 1 / 2 before delivery and 7 months and 1 / 2 after birth. In this case, as well as for severance, the employer must pay the employee a special allowance of 13 salaries. It is essential to acquire the maternity protection provided by law, have submitted a notification made explicit in the previous paragraph.

leave
State
After 90 days leave of which we speak, the employee may choose to: a.

Usually return to their tasks. B.

Dismiss employees, becoming a compesanción creditor for services with a value equal to 25% of the compensation of art. 245 for each year of service (see article Compensation for Dismissal / Resignation ) and may not be, this compensation than SMVM ($ 980 today) per year of service or fraction greater than 3 months. To be more illustrative: assuming that the employee's wage for the purposes of art. 245, was $ 1000, this will receive $ 250 for each year of service or fraction greater than 3 months. In the event that your payment is $ 4000, would correspond $ 1000, however, the law prescribes that can not be higher than the Living Wage and Mobile, so you will not get $ 1000 but $ 980 per year of service or fraction greater than 3 months.
To exercise this option, is then necessary to have at least 1 year old. C.

Another option is to go on leave of absence.
The worker may choose to enter a state of absence of not less than 3 months and not more than 6 months, during which not earn wages. Similarly to the previous situation, purpose of exercising the option to enter surplus the state, the worker must have at least 1 year old.

Upon reentering the job, having chosen to enter the surplus the state, the employer may reinstate the worker in the same position they held, or in a position higher or lower, as agreed with the worker .
If the employer does not support the reinstatement of the employee after the leave of absence, it must pay him severance pay for, unless it is objectively impossible to demonstrate a real and reinstate where you only paid the compensation described in the paragraph b.



Some final considerations It is very important to note that the deadline of 90 days of paid maternity leave if the worker has not returned to their tasks and has not provided 48 hours before the end of that license its willingness to enter into a state of absence is presumed to have opted to terminate the link, receiving the compensation that we have detailed above.
During the trial period, as we know, the employer must pay compensation by reason of termination of bond. However, in case of maternity and given the conditions described in this article, if you must pay the special allowance of 13 salaries, because although the law provides that during the trial period the parties should not pay compensation for the termination of this special allowance is a separate institution, which protects a different reality and different purposes. It is not compensation for termination of employment but a compensation is based on the prima facie evidence to the contrary, that the employer has chosen to arbitrarily terminate the link purely and exclusively by the state of pregnancy of the worker.

Finally, the law provides that during lactation, and for no longer than 1 year except for a prescription, the employee shall have 2 breaks of 30 minutes each for this purpose. In the Indeed, given that most facilities do not have maternity wards, it was agreed that the worker, for example, go to work half an hour later and half an hour before withdrawing.


Source: http://www.laboralis.com.ar/

Wednesday, November 18, 2009

Yellow Sweet 16 Decorations




In this article we will see everything related to: working hours, types of days , overtime, work during the weekend, penalties, compensatory francs, work on holidays and some practical considerations.


The working day comprises all time in which the worker is available to the employer, being that you do not have time to benefit. Under the Law on Labour Day (11,544) its duration must not exceed 8 hours per day or 48 a week, although the decree states that the work can go in a time when a / n day / s in the week that the duration of the day is less than 8 hours. For example, working 9 hours Monday through Friday and Saturday until 13 hours. This will complete 48 hours per week, exceeding this limit must be paid overtime, as if working more than 9 hours in a day.

are

excluded from this scheme: farm work, domestic service establishments in which only members of the family's boss, owner, entrepreneur, manager, director or principal enabled. The employer is entitled to unequal distribution of working hours and the layout of the times, always respecting the 12 hours of rest between rounds.

Next we distinguish the most common types of day:


daytime, night and mixed

The day shift is one that extends from 6 to 21 hours, the night, by exclusion , extends from 21 to 6 hours. When the work is entirely nocturnal, it can not exceed 7 hours per day or 42 hours per week, however this limitation does not apply if rotating schedules in terms of team work. Daytime, as mentioned, can not exceed 8 hours per day or 48 hours per week.

when switching to daylight hours at night, 8 minutes will be deducted for each hour of night work or be paid these 8 minutes overtime (art. 200, LCT). For example, if you work 16 to 23 hours, with that two hours of night work, the possibilities are: to work 7 hours and 44 minutes to work 8 hours and 16 minutes to charge as overtime.

Day
healthy, unhealthy and mixed

For the day is unhealthy, previously, the enforcement authority must declare itself the unhealthiness of it, otherwise it is not possible to talk about unhealthy day. The conference declared unsafe by the conditions of work, not exceed 6 hours per day or 36 hours per week (art. 200, LCT). When healthy to unhealthy alternate hours will remove 20 minutes of work per hour of hazardous work and, in this case, the remove of minutes is not liable to be supplemented by effective work and overtime pay and, as in the case the day-night hours, and that what is sought is to protect the physical integrity of the worker.

More than 3 hours in unhealthy conditions means that whole day is considered unhealthy, even work the remaining hours in healthy conditions. Moreover, in any case the reduction of the day involves the reduction in pay.


Exceptions to
working day are exempt from the work day: a. workers taking place in managerial or supervisory jobs, b. if there is an employment contract for equipment, c. cases that warrant greater labor force in excess of the related day to protect the equipment and facilities for the exploitation (art. 3, L. 11 544)

other hand, is not considered part of the working day the time the employee does not provide effective delivery, being that you can have your time. However, it is considered part of the day the time the employee is partially disposing of his time, who today still affects the information given, and that while pauses in their work, both pending orders could receive as their obligations. For example, is different to the worker who is absent from his workplace for lunch home, that this secretary having lunch at his desk and, while it may slow the pace of their tasks, continue with other tasks such as answering the phone or watch for the arrival of a customer.



Overtime Overtime, or rather known as overtime, is the time it works in excess of the legal day and carries a surcharge of 50% over the regular value when work. In the event that overtime be provided on Saturdays after 13 hours, Sundays or holidays, the surcharge will be 100%.

Therefore, must be paid overtime if:

daytime
is exceed 9 hours a day, but not exceeding 48 hours per week.
be exceed 48 hours per week but does not exceed 9 hours a day.

Day Night
is exceeding 7 hours a day, but not exceeding 42 per week.
be exceed 42 hours per week, but do not exceed 7 hours a day.

mixed Day (daytime-night hours)
When the employer decides not to reduce the 8 minutes per hour of night work. Day


unhealthy overtime is prohibited when the day is unhealthy, except in cases of healthy-unhealthy day at its safe.

is important to clarify that the employee is not required to work overtime except in cases of danger or impending accident or force majeure or exceptional requirements of the national economy or the company. For example, a hotel worker who suffers a fire and then extinguished, must work overtime to clean the place and get it working again, but only insofar as they are in danger, and to get them out of it, the plant, machinery and others.

The overtime limit is 30 hours per month and 200 hours per year as stipulated in Decree 484 of 2000, which returns to the original values \u200b\u200bof 1933 and that these limits had been extended.

Weekly. Overtime and compensatory ex
The weekly rest is one that extends from 13 hours on Saturday until 24 pm on Sunday, that is, a duration of 35 continuous hours. TBI (L. 20 744) establishes a prohibition in principle, of working for the weekly rest, except needs worked, in which case the worker shall be allowed a compensatory rest of equal duration (art. 204, LCT).

When the worker provides services during the weekly rest and the employer fails to grant compensatory franc, the employee may, on the first working day of the subsequent week and through formal communication course with an anticipation not less than 24 hours take the compensatory free. And, the employer is obliged to pay wages to a 100% surcharge (art. 207, LCT).


Clarifications and practical considerations
Since different institutions to be overtime, the ban on work during the weekly rest and the compensatory free, are often confused, we will perform a number of clarifications in conjunction with practical considerations.

The surcharge of 50% or 100%, depending on whether ordinary days, weekly rest and holidays, for overtime, shall be paid when actually work in excess of the legal day. Generally believed that if one works on Saturday to, eg, 20 hours, overtime must be paid 100% by the simple fact of working during the weekly rest. However, if you have not exceeded the legal time (9 or 48 hours), no overtime pay, but involves the compensatory free. Another example, if I fulfill 48 hours a week on Friday, having to work on Saturday, it will pay me overtime, 50% up to Saturday until 13 hours and 100% past 13 hours.

In case of working during the weekend, it is a compensatory ex same extension to the time worked. In the event of the week following the employer fails to grant the same, the worker formally communicating with a notice of not less than 24 hours, you can take the ex-compensatory and, moreover, he will be subject to a surcharge of 100% in salary it worked for weekly rest. So if you work during the weekly rest day without exceeding the legal and has been granted compensatory rest, not for any kind of surcharge. This honest compensation can be total or partial, depending on the time worked during the break week.

If not granted compensatory franc, the worker is entitled to exercise their right from the first working day of the subsequent week and the majority adheres to the doctrine and jurisprudence, until the end of this week thereafter, as the spirit of the law is to protect workers' mental and physical integrity, not their compensation.

Finally, in my opinion, although there are other positions, if you work during the weekly rest day in excess of the legal (overtime correspond to 100%) and then not be granted compensatory franc, being that the worker exercises its right to take it becoming lender at 100% charge, it is computed, therefore, it worked with a 200% surcharge. Still, 100% surcharge for overtime during the weekly rest and 100% for not having given the compensatory free. Subscribe to this view by the fact that the surcharges have their origins in different institutions with different purposes and different effects, so no charges will be considered both making an incorrect reading of the legal nature of these requirements.


Conclusion
is extremely important to know the regulation in terms of working hours. The history of the working day is practically the history of labor law, being that this was the first limitation which fought in the era of the industrial revolution, where the hours were up to 16 hours. The work session was gradually reduced until at 8 am today, so that all people can have 8 hours sleep, 8 hours for work and 8 hours for leisure.



Source: http://www.laboralis.com.ar/

Monday, November 16, 2009

What Does A Brown Mucus Period Mean

Working Day Vs Dolar Pesos

People:

I usually limit myself to my blog show only the news that interest me. But today I found a story in "Professional Infobae" that motivated me to give my opinion on the subject.

According to published news, people are picking up confidence in the local currency "weight" and is selling U.S. dollars to build short-term fixed deadlines. ( http://finanzas.infobaeprofesional.com/notas/89955-Los-ahorristas-se-suben-a-la-bicicleta-y-ahora-venden-dolares-para-pasarse-a-pesos.html )


In my view, this has three Comments:

1 - In the third quarter of last year (2008) the dollar was down, and it was just at the time when most people pass the peso, by paying high rates on term deposits that currency. But in early 2009 the dollar hit a very significant, raising its value above what they could have won betting on Fixed Term Weights in the period.

From my point of view this year is going as well. So I would be careful in any movement they want to do.

an option for those who want to try putting some money in time deposits in pesos can be: "Leave the money they have so far in dollars, and put the money they win from now on in a Peso Time Deposit. This minimizes the risk by diversifying investment. "

2 - The above, coupled with the rate of time deposits in dollars is less than 1% Annual motivate more savers to switch to Pesos. My perception of this is that it is a strategy for FEW and MANY MUCH WIN LOSE MUCH. I say suspicious, but this is what always happens.

3 - For those unaware of Finance say: "Know that the 2009 inflation rate exceeds the rate they are paying for time deposits in pesos. So all we were doing by putting the money in this investment is "Losing Less."


Luis Zuffo

Redlow Cut State Singlets

Savers are uploaded to the "bicycle" and now move to sell dollars for pesos

What was unthinkable a while ago has now become a trend that is gaining strength every day, leaving the greenback, switching to local currency, provide a fixed term short, gain from the repurchase rate and foreign exchange. How much you get? Do keep in time? Ranking

rate

In Argentina everything is possible. And to what is presented as unlikely can become reality with the passage of time.


The Argentines know about changes of scenery. The successive crises they faced the "tanned" against economic and financial storms they faced. The greenback was his great ally to protect against the increased uncertainty.

And in the country of "everything is possible", he began to deepen a trend that was already hinting throughout the second half of the year, unexpected time ago: the advance of a large part of society to disarm its holdings dollars and dump their money in local currency time deposits.

Of course for this phenomenon that individuals first had to convince the U.S. currency was not going to shoot and remain numb, at least in the short term. (See note: "Dollar: the" antidotes "that keep you asleep and that alarms can wake")

And although the rates offered by banks deposits in failing to protect the pockets of real inflation, for least be guaranteed an average of 11% interest then, if necessary, buy foreign currency.

The following table shows the different rates offered by entities:

This race started for much of the depositors - who will not give up part of their purchasing power in the hands of inflation - the deadlines are fixed and the least bad option , and more affordable, to protect of a rise in prices and installed by double digits.

"Both retailers and wholesalers investors look attractive returns on deposits in pesos, both for the stability of the dollar, as interest rates, which imply a gain of more than 11% annually in pesos / dollars "stressed from Econviews, the consultancy led by Miguel Kiguel.

Thus Short term deposits have become a kind of sedative that helps to overcome the current "dollar syndrome still." Bicycle

Creole

iProfesional.com recently anticipated the reappearance of the famous "financial cycle." Those who climb it off their dollars and time deposits, with the intention of obtaining an income that will assure a profit in foreign currency (see note: financial spring greening is accompanied with a fixed deadlines ).

regard, the economist Thomas Bulat noted: "As in which the currency does not move too much, starts to get some income in dollar . That is, if I see that I have a horizon in which the currency is not going to move, I can sell, spend and evaluate local currency to get back and then buy back, which I do a bicycle. But the remarkable fact is that the unit is still value in dollars, there is a change of mentality. And this is how weight becomes a tool to increase my profitability in dollars. " Bulat

also stressed that what is happening now is not a process of dollarization, but a mechanism that uses local currency to get higher returns in other currencies.

"will last a little while, not eternal. But is a good time to take that leap "he said.

In this sense, the economist Gabriel Caamaño Gomez, Joaquin Ledesma & Associates, also warned that the phenomenon is temporary , because "over time people keep saving in dollars."


"Search exploit this context implies that investments are still short term and not exceed six months " said the consultancy run by Kiguel.

investors also are more sophisticated or companies that seek to cover for possible hikes and exchange rate for that agreed between the dollar future contracts. The mechanism is: sell dollar, switching to local currency and deposit those funds in the short term. At the same time ensure the dollar value of the maturity of the investment (formalizing an agreement and paying a premium). Then, with the weights generated by the fixed term cancels the contract agreed upon (future dollar), and obtaining buy back the currency rate difference.

grateful Banks
Across the counter, the celebrated banking system to see how increasing placements.

However, neither show much enthusiasm to attract more deposits and, therefore, tempting savers with a higher rate. So much so, that from late July to date, the interest offered fell about 3 percentage points.



happens that what they receive they can not pay in full, because there is insufficient demand or individuals or companies that, for now, have no mood to borrow.

So what do the authorities?
increasingly provide the State, encouraged by this increased cash flow and inflated by the abundant liquidity in times knew how to keep pre-election phenomenon we knew it this way (see note: " private sector banks do not ask and you took the" gustito "to give the State )

Change everything changes
The turnaround in capital outflows contributed significantly to strengthening this new scenario.

" The key to financial spring in the country is the decline in dollarization portfolio," said Carlos Melconian, head of M & S Consultores.

Indeed, a leak rate of $ s2 monthly 000 million hit to the economy during the first half year, moved to net income as calculated by the consultant Miguel Bein, would be about $ 350 million in October.

Jorge Todesca, Finsoport director and former deputy economy minister, confirmed the change of scenery: "What we're seeing is a process contrary to that we registered a few months ago, in which observed a deposit dollarization." Implications


"The financial system gives greater liquidity makes it easy to provide and contribute to low rates. The effect is positive, "he said Bulat.

Todesca also said that process "is good for both the Central Bank and the country, since it helps reduce the cost of borrowing, which is one of the goals of BCRA."

The former minister predicted that it is likely that the highest monetary authority " continue buying dollars by year-end and emitting , which is favorable because they recover more instruments to assist in an expansionary monetary policy."

regards the future of interest rates, Gabriel Martini, Abeceb.com consulting economist, said that "although the trend is downward, the settings are going to be making progress."

Rodrigo Benitez Alpha Studio economist, agreed: "This new context benefits the Central further progress in building reserves and also to all the banks that would have more loans may reduce interest rates, as happened in the short lines."

This option for the depositors to win with the performance of loans and, if necessary, buy back later greenback is valid provided that the Central Bank encouraged this move to maintain the exchange rate.

And it seems that it will . In short, this transfer (from dollars to pesos), favors the financial system is to reverse a process that lasted two years and represented an outflow of foreign exchange exceeding U.S. $ s42.000 million (from late 2007 until the second half of 2009).

the gesture of the Government helped
The latest report of the Argentine Institute of Finance Executives (IAEF) considered that "the enabling environment in international markets and the favorable expectations that opened the announcement of the reopening of trade with bondholders, led to an inflow of funds from abroad. "

This view is shared by the Econometric consultant: "The lower expectation of devaluation, as a default on government debt National helped to reduce the outflow of capital and encouraged individuals and companies to take positions in domestic financial assets in search of higher yields than those offered by foreign assets. "

is how this new scenario, relocates the deadlines fixed in the center of the scene , compared to U.S. currency displayed well tamed by the Central Bank and also of "doldrums" in the world (see note: countries celebrate but left all by himself the dollar to pay the party ).

"Of course this is not a full dollarization, because we would see a large sales volume and not what we're seeing, "said Gabriel Caamaño Gomez.

What happened in October?
In October, deposits in pesos (including time deposits, savings and checking accounts) increased $ 4,858 million. That is, increased by 3.4% compared to September, reaching the highest increase in the last two years.

Of the three components time deposits were "the little engine" that drove the rise , since these loans expanded by 4.9%, the highest variation since January this year.


In October, the deposits in U.S. currency fell U.S. $ S112 million, equivalent to $ 428 million.

"He, for the first time this year, fixed term deposits in dollars fell from the previous month " espoused Econviews. Ramiro

Castiñeira of Econometrics, gave his view on the subject: "This is leading to signs of recovery. In addition, about 20% of capital inflows to the economy came from the disarmament of foreign currency loans within the financial system. "

Other issues
But it is not only the slightest expectation of what drives devaluation peso deposits. Also affect other issues, both locally and internationally.

Jorge Vasconcelos, IERAL Chief investigator considered that this process is the result of behaviors associated with improved clearance of exports and the brake made in capital flight. "

"In the world of the stock situation improved, and here too. The Government's decision to go ahead with the debt swap generated a change in expectations is reflected in this trend, "Vasconcelos concluded .

Credits go slowly
Meanwhile, since Ecowiews noted that while private sector credit growth remain a month to month, it is moderate when compared with the evolution of deposits.

In this context, "consumer loans took the post as the main drivers of the monthly expansion in the last three months, a role that trade had been met so far in 2009," the report said.

Meanwhile, funding for personal loans or credit cards through rose 3% on average in October and are the only lines that do not slowed from a year past.



From Econviews explained that this behavior occurs "for the children that there are now fears of layoffs, for greater ease of installment, extension of terms, discounts, and to some extent, by lower propensity to save in dollars. "

What about companies?
On the side of companies, they are still reluctant to borrow from the banking system.

Part of this resistance is that in recent months began to recover, albeit slowly, the capital market.

"we are greater movement in the access to this market, where companies find funding through post-dated checks, issuance of bonds, stocks and financial trusts, generally getting longer timeframes and more affordable rates, "said the consultant who directs Miguel Kiguel.

In line with the reduction of deposits in dollars, "said currency loans, equivalent to 15% of private sector credit, fell for the fifth consecutive month (2.3%) and are losing ground to level a year ago (16.6%), "said Work, who also noted that "the dollar loans are primarily concentrated in a single document signing companies."


Source: http://finanzas.infobaeprofesional.com/