Article 12

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Civil liability Group or joint liability Wage manipulation, non-payment or withholding of wages

Article 12 establishes the joint liability for the fulfillment of employment related obligations, of principals contracting or subcontracting agrarian work or services with third parties. This article provides that principals must require subcontractors to comply with regulations related to work, and to fulfil their obligations regarding social security. Furthermore, this provision states that principals, contractors and subcontractors, will be jointly liable for all obligations resulting from the employment relationship and from its termination, and that the principal will be considered, in all cases, as the employer of affected subcontracted or contracted workers for the purposes of the law.

Notes

Resolution 526/2015 of the National Registry of Rural Workers provides for specific compensation for agricultural workers identified as potential victims of human trafficking, labour exploitation, child labour, etc. and gives them the right to enter into special employment programmes:

http://servicios.infoleg.gob.ar/infolegInternet/anexos/250000-254999/251758/norma.htm

Link to full text

Law / Argentina / Law No. 26,727 –Special Labour Regime for Agricultural Workers

Law No. 26,727 is aimed at protecting the rights of agricultural workers and includes their labour rights and duties. This Law represents a significant improvement in the legal working conditions for agrarian work (8 hour work day, minimum wage, prohibition of intermediaries, leave, sick and paternity leave, among other provisions). Law No. 26,727 applies even if the agricultural workers are employed abroad, but their work is performed within the Argentine territory. Decree No. 301/2013 includes regulations implementing certain provisions Law No. 26,727.