Brief Description of Employees’ and Employers’ Associations
In Argentina, there are currently trade unions and employers’ associations that represent all types of activities. Employees have the right to organize themselves into unions. Affiliation to unions by employees is not mandatory. The employee is free to decide whether to affiliate or not to the union. The Government grants official recognition only to the most representative union. This is the only union that can represent the employees in collective bargaining agreements.
Rights and Importance of Trade Unions
Argentina has ratified ILO Convention # 87 that establishes that workers and employers, without distinction whatsoever, shall have the right to establish and to join organizations of their own choosing. It also provides that workers’ and employers’ organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom and to organize their administration and activities. It also sets forth that workers’ and employers’ organizations shall have the right to establish and join federations and confederations and any such organization.
Employees’ Representation in Management
Management can organize their own union, separate from the union of non-management employees
Other Types of Employee Representative Bodies
Labor Laws also allow the existence of other unions that are not officially recognized as the most representative union (referred to as “simply registered unions” before the Ministry of Labor) and therefore, cannot represent the employees in collective bargaining agreements. They can represent employees in other collective claims and file petitions to the labor authorities alleging employer´s breaches to labor laws. The Supreme Court and Labor Courts have ruled that the union delegates of simply registered unions are also protected against demotion, sanctions, suspensions, change of the terms and conditions of employment in their detriment and dismissal without justified cause.