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Suspensions, warnings and reprimands

In this article we will explain everything related to disciplinary suspensions, the warnings and warnings, so you know what your rights and the remedies accordingly.

One of the rights that the Labor Contract Law gives the employer is the disciplinary authority. The spirit of the LCT is based on the disciplinary measure has the correct order conduct that is an educational sense and not merely punishment.

Thus, to a lack commented on by the worker and attentive to the magnitude of it, the employer may decide to impose day suspension. The length of the suspension will always be proportional to be commented and during these days, the employee should not provide services, being also on fallen will be deducted from your paycheck.

The day suspension limit the employer can apply is thirty (30) days within one (1) year, which begins to run from the first suspension. Arriving this number of suspensions to the employer holds the option to terminate the link, in principle, with just cause, but it is important to never exceed this limit because otherwise it will be the worker who may be considered dismissed. For

that after teint (30) days of supensión the employer can dismiss a just cause, we must say that is just as well in principle. Fittingly, the justice who will rule on whether or not there was just cause. This is because the employer, as sometimes happens, decided to administer suspensions indiscriminately and malicious criteria so as to reach these trein accumulate (30) days and to dismiss with "just cause." When such situations arise it is important that the employee contesting the suspensions. Challenge



the law states that the employee may challenge a suspension to be unfair. The worker can attack the suspension questioning its provenance (origin) or extension (day suspension). The challenge must be made within thirty (30) calendar days after notification of the suspension. However, even when workers challenged the measure imposed by the employer, must meet the days of suspension and the same shall also be deducted from your salary.

However, the difference is that the worker not to contest the suspension, you are consenting, that is, recognizes and considers it fair and / or proportional to the offense. Thus, in the event that accumulate trein (30) days of suspensions and employer links and to extinguish the lawsuit alleged, the employer must prove the causal situations and circumstances of each suspension but, to be agreed to by the worker as this is not the challenge, but must show that the applied, ie the letters simply exibhir document that reported the different suspensions. Has challenged one, several or all suspensions, the employer has to prove all the employee committed misconduct, something rather difficult to achieve.


reprimanded and Warnings
We must make it clear that the only disciplinary suspensions are legally established. That is, while it may be beneficial to the worker using these methods of administration of discipline, they do not have the legal effect of the suspensions, which have a maximum period of accumulation and a challenge procedure including .

útlimo To illustrate this, in line the majority opinion of the law, if an employee has 25 days of suspension 10 cautions and warnings 7 can not be fired for "just cause" as the sum of 10 warnings and 7 warnings do not result in an equivalent to 5 days suspension. Again, the only disciplinary suspensions are legally established, if the employer has had a warning or reprimand, the judge must understand the seriousness of the offense was not warranted the application of a suspension and that the employer has opted for a reprimand or warning. In this sense, a person can earn 20 reprimands and 20 admonitions without implying a judicious and fair source of dismissal for just cause, because as we said before the only required legal action is the suspension.

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

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Contributions Does my employer? Fixed Term Contract

In this article we will see how we can consult, through the AFIP website, if your employer is or is not entering the contributions that holds us back.

To make this consultation, the AFIP makes available a system called My Contributions. This system is basically to see if an employer has entered the worker's contributions to social security agencies concerned. Also, through My Contributions system, we can find out: if the declared gross salary by the employer matches the gross salary entered in the worker's paycheck, if the employer made the payment of employer contributions that apply to you, and if the employer is current with payments to the Labor Risk Insurance.

My Contributions

The system distinguishes between two types of queries: a basic query and a query history. To perform a basic query just enter the My contributions and indicate our number of Cuil. Then appear the information detailed above. However, the basic query has a limitation: only the information of the last year, so if you want to get older data, will require a historical query. The historical type query allows us to access the entire database from 1994, but to do this consultation is necessary to obtain our Fiscal Code. In the case of wanting to do a consultation before 1994 need to attend the ANSES.

Fiscal Code. What is it and how to get
The Fiscal Code is a password that provides AFIP who require it and not only the system used to access my contributions, but for many other procedures. The reason for this password is to ensure the security and privacy of individuals.

There are three possible ways to handle this key: 1. Online reporting a payment, 2. Online reporting the CUIT the employer and the transaction number of early discharge of the employee, 3. Face depending on the AFIP. The details of the collection can be viewed by clicking here.

LCT, art. BIS 132
other hand, the Labor Contract Law foresees in the art. 132 A a penalty payments in the event that the employer had withheld and not paid the contributions for social security agencies, unions, mutual or cooperative societies or any other entity for which the employee must make contributions based on a legal standard or conventional.

This penalty payments is equivalent to the remuneration that the employee was receiving at the time of termination of the bond, and the amount will accrue monthly until the employer proves so reliable have entered the bodies concerned, all the contributions retained.

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

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That is the contract fixed term? It means to be hired to run? I belong on termination? This and other common concerns, then try to be clear.

This contract is characterized, as its name suggests, having a certain and specific time duration. Many Sometimes this type of contract is used to prevent indefinite contract, but the law wisely provides a set of requirements for holding the same, that protect the worker against their fraudulent use.

First, we need the written form of this contract and the specification of its duration, but in addition, there must be objective grounds for using this modality. That is, we can not use the fixed-term contract simply because it is, but the task or activity must be justified. Of not having a sufficient reason to use this contract and having concluded, it becomes a time- indeterminado.

Respecto de la duración máxima de un contrato a plazo fijo, la ley establece 5 años pero nuevamente nos encontramos con el requerimiento antes mencionado. Es difícil que tengamos una causal objetiva que justifique un plazo fijo de siquiera 2 años. Asimismo, la utilización sucesiva e injustificada de este contrato, lo convierte a por tiempo indeterminado.

Extinción
Previo a la extinción, es necesario preavisar. Este preaviso debe darse con un plazo no menor a un (1) mes ni mayor a dos (2). En caso de omisión del preaviso, el contrato a plazo fijo se convierte on indefinitely, unless it is renewed.

This contract has just compensation when it is over-year, and it will be half the usual severance pay. In case of dismissal before the expiry of the period, plus compensation for the art. LCT 245 (if requirements are met), must be paid the wages the employee would have earned if the deadline. Specifically, the letter of the law "... the unfair dismissal provisions before the deadline, will entitle the worker, and corresponding compensation for termination of the contract in such circumstances to damages from the common law, which shall be a direct function of justifying one who claims to have suffered or who, for lack of proof, the court set prudently, for the premature termination of the contract alone .

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

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Major companies reveal how much they earn their executives and 2010 slide hikes

A recent study by Watson Wyatt expects the adjustment rate that companies awarded next year and how close 2009. What factors will affect the increases. Who was it that lost more purchasing power. Which sectors are better off to face what next

A little over three months to the end of 2009, companies have begun to outline their budgets for next year, to sharpen the pencil and slide the percentage of wage adjustments that have to be granted in 2010 that at least so far, on economic matters it is quite uncertain.


course, in addition to the increases, the issues that most concern these days employers are low consumption, which resulted in a sharp drop in sales, the difficulty in obtaining financing and, as if To make matters worse, the pressure of trade unions.

And in a context of accelerating strong inflation and loss of purchasing power for the Argentines, both employees and employers are already thinking of how will the next increase.

In fact, in August the basket of the Professional Executive (CPE) developed by the University of CEMA prices rose 1.8% and increased by 16.5% over the same month last year.

And although rates of the National Institute of Statistics and Censuses (INDEC) estimates that inflation is in single digits, for the next 12 months the majority of Argentines believe that prices will rise by 20%, according to recent estimates by the University Torcuato Di Tella (UTDT). And in the higher classes reach the projected increases to 25 percent.

"According to latest projections, adjustments for 2010 for non-unionized personnel will be between 14 and 16.5%, ahead of the director of the prestigious consulting firm Watson Wyatt Argentina, Marcela Angeli.

Before an audience made up of executives from multinational frontline Angeli explained that most companies are budgeting, looking to next year, between one and three points because they know that, as happened in 2009, will have to negotiate the final number with the parent and complete closing at the same percentage that year.

course also emphasized as the director of Watson Wyatt, there are companies that corporate-wide standard for poor performance or the parent, continue to believe that in 2010 the executive salaries, without exception, will be back in the freezer .

Regarding the criteria that routed the better paid, Angeli said that inflation will be the first place. For some companies will be true for others, the official.

And, based on a survey of HR managers from the study Mayaca & Suarez Battan Asesores emphasized that "wage hikes be more moderate "so" more difficult to retain the internal talent.

Subas 2009 version
The top executives were those who lost more purchasing power this year compared to price increases did not truce.

According to data Recent CEOs perceived an improvement in their basic pay (13 salaries insured without the variable or benefits) of 11% over 2008, while for senior management and middle managers was 12% and for middle 13 percent.

According to a survey conducted by Watson Wyatt, the following are the figures were handled for remunerative levels of senior management of a multinational firm, on a sample that includes nearly a hundred companies of different industries.

"The general managers' salaries are among the least developed. In fact, some companies chose corporate partially implement the effect 'freezer' and he went to the executives of the highest positions in the pyramid, "Angeli said.

At this time of year, between 75% and 80% of firms gave the market and salary adjustments for non-unionized staff (analysts, managers, supervisors, managers, directors and CEO). And, according to estimates by the consultant, the other organizations will do before December.

For this group of employees, improvement in 2009 will be within the range of between 12.5 and 15%. "If I had to risk a number say 14.5%, slipped Angeli. However, he clarified that are averages, as markets are heavily affected by international crisis and recession that caused local increases have not exceeded 12 percent.



Among the most affected, the director of Watson Wyatt said the technology market (IT), while the most competitive in the industry said consumer and pharmaceuticals, which "will about 15% and in some c asos over. "

Meanwhile, oil companies and automakers were among the most delayed their decisions and are only now beginning to make adjustments. Why

increases were
"In 2009, market performance was quite uneven, relied heavily on the industry. This situation was not in 2007 or in 2008, "Angeli said.

However, when granting the increases, employers agreed criteria were used:

* Inflation

* Performance * The competition for the market

According to Watson Wyatt's executive, "this year the price rises again to be a pretty heavy indicator within the three criteria, a situation not seen as highlighted in previous years and will be repeated in 2010." About


saw improvements Based on recent survey of consultant-conducted in 96 companies and 64 were examined executive positions, 62 managers and analysts in person 129 from more than 12 economic sectors in the market There were three types of local settings:

* 57% of companies gave general wage increases and selective. That is, granted an increase As for all staff to recognize the evolution of official prices and in turn arranged for a supplementary budget that distributed selectively, either for performance or because the key positions.

* 28% was limited to give general upload (mainly local groups and some regional companies and not-so-corporate).

* And a third group (15%) gave only selective increases. In this case, some employees left without receiving improvements because although the staff reviewed all ended up giving merit and market value but not for inflation. Thus, sectors such as IT only granted one-off adjustments, as it was one of the most affected in terms of global decisions wage freeze.

What comes
In 2010, when closing the final number of increases, many of the background of this 2009 will not play in favor. Among them, the more weight that will be the loss of real wages and increasing flattening of the wage pyramid after increases achieved by the unions.

"The overlap is again rife and will be deeper than in the past two years," he said Angeli.