- see if you sign a written contract or not (always should be written to test the relationship and conditions were agreed more easily);
- read the contract carefully and ask for explanations of what is not understood;
- request that we deliver a copy of the contract;
- without us asking to log (the employer has the obligation to register all their workers). We can find out if we are registered or not ANSES page www.anses.gov.ar;
- look if the contract is or is not a term because the rules vary from one to another. Among other things of this depends on whether it is possible to waive the probationary period.
What is probation?
It is a time at the beginning of the employment relationship during which both parties (emplador and employee) may terminate the relationship without showing any cause and without compensation.
currently takes 3 months for all contracts and is not extended by collective agreement.
applies only to contracts for an indefinite period (which do not have a life expectancy)
What rules govern the trial period?
- This is ONE CONTRACT. The employment relationship begins the first day of the trial period, three months after the worker has to be effective automatically without the need of a new manifestation of the will of either party;
- is prohibited to employ the same worker MORE THAN ONCE using the trial period. (Example: if the employer fired me two months and then rehired me can not reuse the test period) is prohibited from hiring
- to jobs for the same office using the trial period (eg : the employer fired me and hired two months for the same office to Mary, the fires at two months and hires John and so on) The law considers this as a fraud and the employer should be sanctioned;
- During 3 months of tests the two parties have the same rights and obligations during the remainder of the contract. For example: the worker has the trade union rights, the contributions are made and injury benefits as disease
- The employer must REGISTER employees from the first day of the trial period;
- Three months count as SERVICE TIME for all purposes of the contract (eg for the age and retirement);
- who decides to terminate the employment relationship within three months you should notice to the other party's 15 DAYS advance, otherwise it must compensate for the lack of notice.
In 1995, one of the successive Labor flexibility legislation (Law 24,465) which were issued after 1990.
Labor flexibility is the deregulation of labor law. Is to cut or modify rules that protect workers by allowing employers to hire more "freedom": to lower costs and less able to the employee.
The relaxation process of labor law began in 1976 when the dictatorship cut many of the benefits of employment contract law, enacted in 1974, recognized (by eg stability). Since 90 is dictated many of these laws with the supposed aim of promoting employment and lower unemployment, which was achieved was precarious, lowering the quality of all jobs.
laws regulating:
- Law 24465 (1995): contains the figure. Deadline: 3 months extendable by a collective agreement to 6 months
- Law 25013 (1998): Deadline 30 days extendable by 6-month collective agreement
- Law 25,250 (2000): Term 3 months extendable by collective agreement for 6 months
- SMEs: 6 months extendable by 1 year collective agreement.
- Law 25877 (2004): Term 3 months unified any type of contract and does not extend to collective agreements.
