MAY 15, 2020

Ministry of Labor, Employment and Social Security – Undersecretary for Labor Inspection Provision No. 05/2020: registry of agreements concluded within section 223 bis of the Employment Contract Law framework.

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Labor & Social Security Law Department Report | Ministry of Labor, Employment and Social Security – Undersecretary for Labor Inspection Provision No. 05/2020: registry of agreements concluded within section 223 bis of the Employment Contract Law framework

Dear Sir or Madam,

Provision (“Provision”) No. 05/2020 issued by the Ministry of Labor, Employment and Social Security (MTEySS) Undersecretary for Labor Inspection (SFT), published in the Official Gazette on May 13, 2020, creates the registry of agreements (“Registry”) concluded within the framework of section 223 bis of the Employment Contract Law (“Section 223 bis ECL”).

The Provision states:

(i) To create the Registry of accredited agreements under the terms of section 223 bis ECL, in the SFT.

(ii) That the Provincial Labor authorities, which within their competence approve agreements under the terms of section 223 bis of the ECL, must inform the Registry within 10 business days from their approval by such authority.

(iii) That the national or provincial authority that reports the agreements must record the following information:
• Presentation date
• Number of affected personnel
• Presenter / Applicant
• Name of the intervening trade union
• The company’s name
• Personal Tax Identification Number of the company (CUIT)
• The company’s activity
• The Company’s fiscal domicile
• Place of development of tasks / Province jurisdiction
• Causes that justify the adoption of the measure
• If the causes invoked are presumed to have a transitory or definitive effect and, if applicable, the period they will last
• Personal Labor Identification Number (CUIL) of each worker included in the measure
• The labor authority’s approval resolution

(iv) To empower the National Directorate for Labor Inspection and Social Security to carry out all actions and dictate the instructions and procedures that are necessary for the implementation of the Registry.

Should you require any further information on this matter, please do not hesitate to contact us.

Sincerely,

Alvaro Galli
Santiago Taboada