COURSE OUTLINE:
A special status the law of contract and permanent renewal of the collective bargaining transform the legal regulation of work in buildings in an exercise of interpretation of interesting and highly controversial.
This course has sought to systematize, institution by institution, the menus of rules, with profuse information on jurisprudence, in a tone accessible to the social partners: workers, building managers and joint venturers.
the teacher in charge has been legal adviser to the Trade Union of Workers of Buildings of Income and Horizontal (SUTERH) from 1987 to 2006 and aims for this course and in his book "Legal Regime Working in Buildings "(Lexis-Nexis Publishing, 2006), provide objective and scientific contribution to the labor standards consortium. We try to condense that experience since 2006 is projected at www.encargadosonline.com.ar advice portal, fruit of both.
The course will be taught in four classes of three (3) class hours each at a rate of one class per week, with custom cut and auditorium, which will include case material and case studies to more firmly in the concepts learned. Attendance certificates will be issued.
For more information on the conditions for access to the course, communicate or encargadosonline@yahoo.com.ar by telephone at 011-4784-6329.
FIRST CLASS:
1. "INTRODUCTION TO THE COURSE"
1.1. THE REASON FOR BEING THE STATUTE.
historical issues. The new reality of condominiums.
1.2. QUESTIONS REGARDING THE APPLICABILITY OF THE STATUTE.
The labor contract law and the law 12,981. The common law and special work. The compatibility test or trial. Institutions covered by other labor standards.
"personal or business application?
2. "RECRUITMENT AND TRIAL"
2.1. RECRUITMENT.
Application of general principles of right work. Basics. Work, worker, employer, enterprise, establishment and operation. Legal nature of the consortium of owners. Transfer of contract of employment. Form and proof of employment contract. Limited to the terms of the contract work in buildings.
2.2. TRIAL PERIOD.
SECOND CLASS:
3. "GRADES AND CATEGORIES OF WORK IN BUILDINGS"
3.1. Job skills.
3.2. CATEGORY OF BUILDINGS.
4. "DEVELOPMENT OF THE LABOUR RELATIONS"
4.1. WORKING TIME.
Working day. Weekly. Holidays and holidays. Applicable standards 12,981 law and collective agreement.
4.2. COMPENSATION SYSTEM.
Definition and scope. Minimum wage and mobile. Month salary. Custody and payment of remuneration. Applicable rules of law and collective agreement 12,981.
4.3. WORKING WOMEN AND CHILDREN. Work
women. Maternity protection. Child labor.
THIRD CLASS:
5. "RIGHTS AND OBLIGATIONS OF THE PARTIES" Content
interact in TBI, 12,981 law, its regulations and the collective agreement.
6. "SUSPENSION OR INTERRUPTION OF EMPLOYMENT"
6.1. VACATION OR REGULAR LICENSE. Rules
12,981 law and collective agreement.
6.2. SPECIAL LEAVE.
adjustment in TBI. Special leave under other legal systems. Rules applicable to special leave in collective bargaining.
6.3. Sick leave. Rules
12,981 law and collective agreement. What is a blameless accident or illness? Term. Remuneration. What are family responsibilities? Notice to employer. Control. Job retention. Reinstatement and compensation for seniority. Dismissal of the sick worker. Accidents and diseases in the law blameless 12,981.
6.4. SUSPENSION OF WORK FOR CONTRACT PERFORMANCE STATE AND LABOR CHARGES.
6.5. SUSPENSION DUE TO ECONOMIC AND disciplinaires.
FOURTH CLASS.
7. "TERMINATION OF THE RELATION OF WORK"
7.1. STABILITY SYSTEMS.
7.2. THE NOTICE OF TERMINATION. System
general. Development of the relationship during the period of notice.
7.3. Quit.
concept of renunciation. Applicability of general rules to work in buildings. Limitations on waiver. Explicit and tacit withdrawal of his resignation. The issue of "negotiated resignation."
7.4. MUTUAL TERMINATION OF AGREEMENT BY THE PARTIES.
Agreement discontinuance before the administrative authority or a public work. Concurrent will of the parties.
7.5. Arbitrary dismissal, justified or unjustified.
severance pay. Just cause for dismissal. The reaction to injury. Requirements. Casuistry on the world of work in buildings. Communication. Stability of the cause for dismissal. Walkout.
7.6. Constructive dismissal.
origin requirements. Inductive conceptualization of the concept of injury to the employer.
7.7. Redundancy.
Termination of employment contract due to force majeure or lack or reduction of work. Bankruptcy of the consortium.
7.8. DEATH OF A PARTY.
Death of worker. Death benefit. Compulsory insurance. System "Box of Family Protection." Impact of New Regime for the Protection of Motherhood, Life, Unemployment and Disability. Death of employer.
7.9. TERMINATION OF EMPLOYMENT CONTRACT FOR WORKER'S DISABILITY AND DISABILITY.
total and permanent disability of the worker. Remission. Inability of the worker.
7.10. Retire. Intimation
. Term maintenance of the relationship. Retired worker.
7.11. ISSUES RELATED TO THE TERMINATION OF EMPLOYMENT CONTRACT. Reentry
worker. Deduction of payments received. The housing vacancy. Aggravations of dismissal. Aggravations of dismissal provided in the LCT. Aggravations covered by special laws. Moral damage.
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