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1.a) Social benefits - food vouchers - Law 26,341. Modification of Laws Nos.. 20,744 and 24,700. (BO 27/12/2007).

The rule provides for the repeal of paragraphs b) and c) of Article 103 bis of Law 20,744 and Article 4 of the Law 24,700 which defined as performance of a non-remunerative or cash to Lunch vouchers and food vouchers and food baskets.
On the other hand, requires employers to come providing such benefits, they must keep, and provides that they acquire represent remuneration phased and gradual manner, all legal purposes and conventional, at the rate of ten percent (10%) of their monetary value for each calendar two months after the entry into force of the law.
The remaining percentage should continue to be paid, may retain its non-remunerative temporarily until joining the remuneration
Finally, states that the amounts incorporated into the worker's wages should be increased by an amount equivalent to that applicable in respect of contributions by the worker provided by national legislation destined to Social Security System, the National System of Public Works and National Institute for Retirees and Pensioners (INSSJP) so that no produce a decline in net profit earned by the worker.

should be noted that, notwithstanding the provisions of the law, even before they have been given various court rulings that declared the unconstitutionality of provisions now repealed, by contrast with the ILO Convention 95.
In this regard, it was held that taking into account that the compensation is an essential element of the contract of employment, food nature can not break up the various items that compose it and which are of the same legal nature or character such as food tickets. And the definition of wages in the art. 1 of ILO Convention 95, coincides with the general rule Art. 103 of the LCT and thus, disrupting the proper correspondence between the lower-standard local law-and upper-status agreement supralegal 95 - is the exception set forth in art. 103 bis. of TBI therefore be declared unconstitutional [1] .-

1.b) Social benefits - food vouchers. Decree 198/2008 (BO 06/02/1998).

The decree, which regulates 26,341 law provides that the conversion set forth in the law comes into effect automatically on the following dates and at the following rates:


also clarifies that the amounts incorporated in the remuneration of workers in relation the provisions Law No. 26,341, up the tax base for purposes of payment of Tax Unified Social Security (CUSS), but not incorporated into the basic salary, subject to any agreement or collective bargaining agreement so provides, implying that Nor should calculate the additional agreement on such amount.
[1] C. Nat Trab. , Room 7 ª, 12/10/2007 - Martinez, Carmen R v. Argencard SA. Similar effect. C. Nat Trab, room 5 th, 29/6/2007 - Sosa v. Stella M Security Segar SRL.

However, other cases upheld the constitutionality of the now repealed rule: "No law can be argued that it 24700 unconstitutional affect the guarantees of fair compensation and protection against arbitrary dismissal enshrined in Article 14 bis of the Constitution nor manifested in the form of colliding with Convention 95 of the International Labour Organization defines as salary for any provision of that agreement is that the national legislature may provide that some portion of remuneration is exempt from certain rules, surcharges and additional obligations. (C. Nac. Trab Room 3 ª, 17/10/2007 - Amoroso, Nelson O v. Metropolitan Transportation Belgrano Sur SA and another. By the same token C. Nac. Trab, Room 4 ª, 20/07/2007 - Perez, Diego S v. Coto CICSA).

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domestic staff Enrollment

Household Registration Staff.

I. - Scope
As we know, the decrees 326/1956 [1] and 7979/1956 [2] are the main rules governing the activity of the domestic staff. While the former provides the basic guidelines of the so-called "Statute of domestic service," the second they operate.
A reading of those laws arises who should be considered within the special status. Are those who perform household tasks within the residence of the employer who are governed by statute.
On the contrary, are expressly outside the scope status: a) Employees and workers of both sexes who provide services related to commercial activities of the employer or preponderantly (art. 1 dec. 7979/56), b) those employees whose service delivery amount for the employer gain or profit; c) workers rendering services for less than a month, working less than four hours per day or do it for less than four days a week for the same employer; d) persons related to the owner house e) workers employed exclusively for nursing and driving.
There is also an express prohibition: there can be hired as employees in domestic service children under 14 years.

II .- The registration of domestic service employment.
a) The common and popular imagination to reality.
is very common in our country that families hire domestic staff without making corresponding registration. And the truth is that practice makes us listen to various reasons why this process is not carried forward.
The lawyers, once unleashed a conflict, we heard that there was no registration because it is very expensive to do, that in reality the employee would not be recorded, that the employee expressly refused even to be registered, because I charged an unemployment simultaneous and do not want to lose him, that if the worker recorded directly could not afford and then all the logistics had been deranged family. Nor need the employer-contrary to the demand for the arts. Code 3 and 20. Civil-say they did not know that these employees should be registered or necessarily accrued a minimum wage. Any way
more: some believe that undocumented immigrants are not entitled to any claim for dismissal, why they feel "safe" against the possibility of claims and even indignant when take notice of what really happens [3] .
The truth is, in fact, to register a domestic relationship is not as expensive, problematic and cumbersome (and yes, on the other hand, could qualify for anything that involves a contract itself).

b) What steps can be taken
The upside of this is that there is a relatively simple mechanism that spares us all the stories mentioned above:
The first step is to get the number of CUIL of who will provide the service. As we know, this is a number that differs only in some digits on the national identity.
The worker (or workers, of course) that we had already not difficult DNI at this point: only detract go to any office and get the CUIL ANSES. Naturally, who had not yet obtained the DNI, should get it.
Many employers may find a barrier unavoidable at this point: What if the employee or worker is unable, or unwilling for any reason disqualified from handling your ID? The best advice is not to hire that employee.
course, is not that the illegal immigrant is unable to conclude the contract or providing services; happens if they do that would inevitably be a relationship of domestic service without registering.
Let us then retrace our steps. Once CUIL obtained, the employer verifies what the contribution corresponding to the nature and time of the tasks, which must be completed AFIP Form 102 [4] .
To this end, it should be noted that the MTESS set minimum wages for service personnel, ranging from $ 610 to $ 750. Apply from 1 September 2006.
MTESS Resolution 962/2006 sets a rate that should be paid to staff of each of the five categories listed in the resolution 962/2006:
· FIRST CLASS: $ 750.00 (governesses, tutors, governesses, housekeepers, butlers , bridesmaids and nurses).
• Second CATEGORY: $ 696.00 (Cooks specialized mucamos / as specialized, specialized nurses, valets and porterosde resorts).
• Third CATEGORY: $ 680.00. (Cook / ra, mucamos / as, nannies in general aids for all jobs, assistant / as, caserosy boxes)
· ROOMS CATEGORY: $ 610.00 (Learners generally 14 to 17 years old)
· Fifth CATEGORY: 8 or more hours per day $ 610.00 or $ 4.65. per hour. (Staff working daily with withdrawal).
The resolution also determines the minimum amount for domestic staff private home or assistant who works for Time:
work for up to 4 hours per day $ 305.00.
Every hour in excess of 4 hours per day shall be paid at $ 4.65.



With the printed form and complete the above amount is payable at any bank or "Pay Easy" was subsequently given two tickets, one for work and one for the employer.
The next day, the employee must choosing a social work, a procedure that must be taken forward with the presentation of six options and will be annotated with the ticket is your proof of contribution.

III .- Costs, Benefits and conclusions.
As explained, the procedure is relatively simple to develop and not even very expensive. Consider the following table, which summarizes the costs involved:
weekly working hours
Contributions
Contributions
Total
6 to 12
$ 8
$ 12
$ 20
12 to 16
$ 15
$ 24
$ 39
More

16 $ 20 $ 35 $ 55

Registration link implies benefits to both parties.

III .- a) Benefits to the employee or the employee
25239 The law provides several benefits for registered domestic work, including: Medical

· Coverage $ 240 · Retirement Retirement Proportional
· of $ 120 to 232
· Removal for disability and pension
· The PAMI social services when you get the retirement benefit.

III .- b) Benefits to the employer.


As we know, lack of registration of domestic service link does not imply the appropriateness of fines for late payment of registration (as for instance, laws 24013 and 25323), but the truth is that there are many problems that can be avoided relatively easily by the mere fact of having registered personal.
In fact, compared to a given conflict (as usually occurs when you leave to the worker), lack of registration may be without prejudice to the full validity of any bill or implementation of the completion of the link.
However, if domestic work is properly registered, may discourage some typical pose themselves unregistered work. For example, in the context of a dispute or litigation under this special status, having tested the relationship is necessary to determine the minimum accrued salary established by law and will likely be presumed as true the date of admission simply referred to by the worker also could trigger debt and contributions, etc.
In contrast, the receipt issued by the registered worker salary presumes that corresponds to the actually received (provided, of course, that not less than the corresponding legal minimum) and is usually taken as true the date of admission recorded facie evidence otherwise. Moreover, having made contributions and contributions in terms prevents any claim on such items. Moreover, although registration does not necessarily prevent all risk of accident reduces it because the fact of having a health insurance mitigates the impact of lack of protection against a loss. ART Recall that, in practice, they respond when it comes to employment framed within the special status. An alternative that is often used to cover the risks of possible accidents in the home is to place domestic staff within the so-called `combined family policies."
[1] of 14/01/1956, publ. 20/01/1956
[2] of 30/04/1956, publ. 07/06/1956.
[3] Finally, I consider it appropriate to point out that on numerous occasions unleashed conflicts between domestic workers and their employers often involve issues outside the workplace, and it is not uncommon to hear "how do we do this after so many years!? "even many employers are ripped off and claim they have made gifts to her maid, sometimes even leads people to ask about the possibility of making gifts to labor obligations imposed by law
[4] The form is available at http://www .afip.gov.ar / generic / forms . It only remains to enter the form number (102) for the system to make available the version in "pdf" format.

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The imminent launch of the system of making labor certifications on line

1. Introduction.
From reading and analysis of two recent standards and ANSES AFIP (Res. Gen. AFIP 2316 and Res. Gral ANSES 642/2007) comes a necessary conclusion: it is imminent that the certifications services and pay should be made through a computer system that is made available on the websites of both organizations.
Beyond the above provisions will then be to define the effects that might result from a lack of compliance with this processing technique for the case of certifications done "by hand".
For now, we have to stay with the question. One possibility would be possible administrative violation for lack of compliance issued by the authority. Another possible effect would not be taken as valid certificates clothing made differently from the computer, in which case: slope would make the Certificate of Law 24241? "Yet there would still be obliged to make pop art. 80 LCT? Could be ordered to pay the fine set by law to employer-25345 having made correct certification, yet have failed to do so by the computer system on line?
Unfortunately, it is still early to find answers to these questions, but it is to start analyzing the legislation in question, because one thing is clear: the implementation of the new system will bring significant changes from the practical point of view legal.

2. Analysis of legislation.
2.1 The Resol. AFIP 2316.
The first rule (Gen Res 2316 AFIP) was issued on 26/9/2007 and ordered the adoption of the computer system "to enable employers to create and issue the certification of services and fees provided for in Article 80 of Law No. 20,744 and its amendments and Article 12, paragraph g) of Law No. 24,241 and its amendments. "(art. 1). At the same time, clarifies that the system uses the information from: a) The determinative and affidavits of named inputs and contributions towards the various social security subsystems presented by employers; b) The system "My Simplification c) databases of the National Administration of Social Security.
For the generation and issuance of certification of services and fees, art. 3 of this rule provided that is a prerequisite that:
a) The employment relationship in question is registered in the Register of High and Low in the Field of Social Security, created by General Resolution No. 1891 ("MI SIMPLIFICATION "), wherever required;
b) Be submitted affidavits nominative determinative and the contributions and, bound to various security subsystems social, for the periods prescribed no post-June 1994, included in the certification of services and fees to generate, and
c) rectify the affidavits referred to in the preceding paragraph, if the data do not qualify for certification with those declared.
At the same time, in the event that the certification includes periods prior to June 1994 inclusive, the system will require: a) The account number of the employer or registration granted by the former National Directorate of Revenue Pension; b ) the number of worker's affiliation with the former Social Security Fund, and c) the different numbers of documents held by the employee (ID, DU, CI, LC, LE and / or passport).
The certification system will generate service and remuneration in a form that is issued with the data and under the conditions established by the National Administration of Social Security.
But the truth is that effective implementation of the system (and especially if mandatory use) is subject to "what has to respect the National Social Security." Finally, article 7 states that the rule itself "... will be effective from the first day and including the month immediately following a aquél en que se encuentre operativo el sistema…”; y luego aclara que la fecha exacta en que el mentado sistema operativo estará en marcha será oportunamente informado.

2.2 La Resolución ANSES 642/2007
Por su parte, la ANSES, mediante el dictado de la Resolución 642/2007 (11/10/2007, publicada en BO el día 17/10/2007) dispuso el desarrollo del mencionado sistema, y se observan numerosas disposiciones dentro de la mencionada norma que parecen repetir lo establecido por la Resolución 2316 de AFIP.
En síntesis, sistema informático permitirá a los empleadores comprendidos en el Sistema Integrado de Jubilaciones y Pensiones, generar y issue the certification of services and fees, which will contain the information arising from the affidavits determinative of the Integrated Retirement and Pension (SUP) presented by those employers and the bases of the National Administration of Social Security.
The system developed will be available on the web page of this institutional ANSES (www.anses.gov.ar) and the Federal Public Revenue Administration (www.afip.gov.ar) and employers will join the same using access code which may be called "Key Tax AFIP" or "Social Security Code" issued by ANSES. The system may require, depending on the period that includes the certification services, the account number or registration with the former employer's National Pension Collection or the number of worker's affiliation with the former Social Security Fund has been matched by the activity.
system certification services generated by a form that is issued with the data and under the conditions provided by the National Administration of Social Security (art. 3, Res ANSES 642/2007).
is evident then that is still pending the issuance of a new rule that gives details respect of the above in the paragraph above. Certifications Services
formed by employers electronically and / or manual will be recorded in the Labor History Manager ANSES, according to the rules defined for the incorporation of new features in the Administrator, to apply the rules in effect for the purposes to supply proof of services rendered to the granting of benefits and benefits payable.
Even if the standards referred to AFIP and ANSES anticipate that once available the system will use compulsory, Resol. ANSES ANSES 642/2007 states that "taken as valid all certifications Services and fees issued before the enactment of the Information System "(art. 5). And again clarifies that "... companies that have ceased prior to 1994 and that otherwise have no tax code must file an application for acceptance of certificates of service to this administration role, according to the procedure laid before this end ... "
tautological way of clarification of what was said by the AFIP, the Resol 642/2007 ANSES says:" The system hereby approved shall be effective from the first business day following the month in which it is operating on page institutional "web" of this agency and the Federal Administration of Public Revenue. From that date, future service certificates must be issued through this mechanism.