The Resolution of Domestic Workers' Labor Conflicts in Argentina.

POBLETE, LORENA

Montreal

Congreso; Congrès de l'ACRI CIRA Conference 2018; 2018

Association Canadienne des Relations Industrielles

For nearly six decades and until 2013, the 1956 Special Regime was the main legislation concerning domestic work in Argentina. Although this was the first specific legal framework for the sector as a whole, it was highly restrictive in comparison to the general labor regime, which is regulated in Argentina by the Labor Contract Law. The aim of the 2013 act was to ensure that domestic workers had the same rights guaranteed to other employees under the general employment regime. Moreover, the scope of the law was expanded to include all domestic workers, given that the new law acknowledged anyone performing at least one hour of work per week as a domestic worker. With regards to the resolution of labor conflicts, the new law slightly modified the mediation body known as the Domestic Work Tribunal established in 1956. This specific administrative jurisdiction unique to the domestic work sector answered to the Ministry of Labor and Social Security and its function was to foster conciliation through mediation meetings between contending parties. The Domestic Work Tribunal functioned like a first instance court. Parties could appeal its sentences to the Labor Court.In order to understand the way in which legislative innovations have been implemented in practice, this study sets out to analyze the institutional dynamics of the institutions entrusted with labor dispute resolution and the way in which the different actors utilize the available dispute mechanisms.