GLOBALG.A.P. Risk Assessment on Social Practice (GRASP) GRASP Module Interpretation for Argentina. Version 1.0, July 2013 English Version

Transcripción

1 GLOBALG.A.P. Risk Assessment on Social Practice (GRASP) GRASP Module Interpretation for Argentina Version 1.0, July 2013 English Version Based on GRASP Module Version 1.1, January 2011 Developed by: see Annex I

2 Nº CONTROL POINT COMPLIANCE CRITERIA INTERPRETATION FOR ARGENTINA 1 Is there at least one employee or an employee s council to represent the interests of the staff to the management? Documentation is available which demonstrates that a clearly identified, named employees representative and/or an employees council representing the interests of the employees to the management is elected or nominated by all employees and recognized by the management. This person shall be able to communicate complaints to the management. The collective agreement on wages and working conditions foresees a union representative. Argentina has adhered to the International Labor Organization, (OIT), Law 23551, which regulates the employees representation to the management. Ten workers shall be necessary in order to have a representative. In case there are fewer workers, the contact shall be direct. 2 Is there a complaint procedure available on the farm, through which employees can make a complaint? 3 Has a self-declaration on good social practice regarding human rights been communicated to the employees and signed by the farm management and the employees representative and have the employees been informed? A form or complaint procedure exists on the farm, the employees have been informed about its existence and complaints or suggestions can be made. The complaint procedure specifies a time frame to resolve complaints. Complaints and their solutions from the last 24 months are documented and accessible. The farm management and the employees representative have signed and displayed a self-declaration assuring good social practice and human rights of all employees. This declaration contains at least commitment to the ILO core labor conventions (ILO Conventions 111 on discrimination, 138 and 182 on minimum age and child labor, 29 and 105 on forced labor, 87 on freedom of association, 98 on the right to organize a collective bargaining, 100 on equal remuneration and 99 on minimum wage) and transparent and nondiscriminative hiring procedures and the complaint procedure. The employees have been informed about the self-declaration and it is revised at least every 3 years or whenever necessary. There is no legislation about this matter in the country. A complaint procedure shall be available for the workers. Argentina has adhered to all ILO conventions, by which the National legislation guarantees the good social practices compliance. GRASP Module - Interpretation for Argentina 2 / 5 -

3 Nº CONTROL POINT COMPLIANCE CRITERIA INTERPRETATION FOR ARGENTINA 4 Does the person responsible for workers health and safety and good social practice (WHSGSP) and the employees representative(s) (ER) have knowledge about and/or access to recent national labor regulations? 5 Can copies of working contracts be shown for the employees? Do they indicate at least full names, nationality, a job description, date of birth, date of entry, wage and the period of employment? Have they been signed by both the employee and the employer? 6 Is there documented evidence indicating regular payment of salaries corresponding to the contract clause? The responsible person for workers health and safety and the employees representative(s) have knowledge and/or access to national regulations concerning: gross and minimum wages, working hours, union membership, antidiscrimination, child labor, labor contracts, holiday and maternity leave, medical care and pension/gratuity. For every employee, a contract can be shown to the assessor on request (on a sample basis). Both the employee as well as the employer have signed them. Records contain at least full names, nationality, a job description, date of birth, the regular working time, wage and the period of employment. Records of all employees (also subcontractors) must be accessible for at least 24 months. The employer shows adequate documentation of the salary transfer (e.g. employee s signature on pay slip, bank transfer). Employees sign or receive copies of pay slips/pay register that make the payment transparent and comprehensible for them. Regular payment of all employees during the last 24 months is documented. The employer assures that both, the responsible person for workers health and safety and the employees representative have knowledge and/or access to national regulations concerning among other issues: Law 24557: Occupational hazard: Law 19587: Hygiene and Security at work; Decree 617/97: Hygiene and Farming Security Regulations In Argentina, labor contracts rights are mandatory and can be wider and more protective towards the employees. The written labor contract restricts these rights, therefore it is not applied in the country (Law 22248: National System of Agricultural Work; Law 20744: Contract of Employment Law). All the information requested is available in the Register of employees. For farm workers, Law contemplates their register in the system. This information shall be available. The employer must demonstrate the payment of salaries according to the relevant labor conventions and keep records of such information for at least 24 months. The summary of the bank account shall have the same validity as if it were a signed slip. 7 Do pay slips/pay registers indicate the conformity of payment with at least legal regulations and/or collective bargaining agreements? 8 Do records indicate that no minors are employed on the farm? Wages and overtime payment documented on the pay slips/pay registers indicate compliance with legal regulations (minimum wages) and/or collective bargaining agreements (if applicable). If payment is calculated per unit, employees shall be able to gain at least the legal minimum wage (on average) with regular working hours. Records indicate compliance with national legislation regarding minimum age of employment. If not covered by national legislation, children below the age of 15 are not employed. If children as core family members- are working Pay slips/pay registers shall demonstrate the compliance with the corresponding collective labor conventions and wages should be regularly updated according to the modifications that they could suffer. Records on staff information demonstrate their age and are also evidence that no minors are employed on the farm. The following legislation is applied to young employees:. Law 26390: Age for admission GRASP Module - Interpretation for Argentina 3 / 5 -

4 Nº CONTROL POINT COMPLIANCE CRITERIA INTERPRETATION FOR ARGENTINA 9 Do the children of employees living on the farm have access to compulsory school education? 10 Is there a time recording system that shows working time and overtime on a daily basis for the employees? on the farm, they are not engaged in work that is dangerous to their health and safety, that jeopardizes their development or prevents them from finishing their compulsory school education. There is documented evidence that all children of employees at compulsory age (according to national legislation) living on the farm have access to compulsory school education, either through provided transport to a public school or through onsite schooling. There is a time recording system that makes working hours and overtime transparent for both employees and employer on a daily basis. Working times of the employees during the last 24 months are documented.. Law 26364: Minors labor and human trade. Law 24650: Minimum age of employment. Law 23849: Child rights It shall be possible to verify the children attendance to primary and secondary school, having access to the information provided on line by Anses (Administración Nacional de la Seguridad Social) (National Administration of Social Security), indicating that the person is being paid the family salary, amount that is given only in case of proving the State the children attendance to school. A book for the employees attendance shall be enough to demonstrate such control. 11 Do working hours and breaks documented in the time records comply with applicant legislation and/or collective bargaining agreements? Documented working hours, breaks and rest days are in line with applicant legislation and/or collective bargaining agreements. If not regulated more strictly by legislation, records indicate that regular weekly working hours do not exceed a maximum of 48 hours, during peak season (harvest), weekly working time does not exceed a maximum of 60 hours. Rest breaks/days are also guaranteed during peak season. Working hours and breaks according to the laws:. Law Law Law ONLY APPLICABLE FOR PRODUCER GROUPS PG 1 Does the assessment of the Quality Management System of the producer group show evidence of the correct implementation of GRASP for all producer group members? Recommendation for Good Practice The assessment of the Quality Management System of the producer group demonstrates that GRASP is correctly implemented, internally assessed and that actions are taken to enable compliance of all producer group members. -- GRASP Module - Interpretation for Argentina 4 / 5 -

5 Nº CONTROL POINT COMPLIANCE CRITERIA INTERPRETATION FOR ARGENTINA R 1 What other forms of social benefit does the employer offer to workers, their families and/or the community? Please specify in quantities if possible. Incentives for good and safe working performance: Bonus payment: Support of professional development: Family friendliness: Medical care / health provisions: Improvement of social surroundings: Other benefits: -- GRASP Module - Interpretation for Argentina 5 / 5 -

6 GLOBALG.A.P. Risk Assessment on Social Practice (GRASP) GRASP Module Interpretation for Argentina - Version 1.0, July 2013 ANNEX I: Links to regulations Punto 1 - Ley Punto 3 OIT Convenio declaration/documents/publication/wcms_decl_fs_108_es.pdf Convenio Convenio Convenio Convenio Convenio Convenio Convenio declaration/documents/publication/wcms_decl_fs_107_es.pdf Convenio Punto 4 Ley Punto 4 -Ley Punto 4 - Decreto 617/ Punto 5 - Ley Punto 5 - Ley Punto 5 Ley Punto 8 - Ley Punto 8 - Ley Punto 8 - Ley Punto 8 Ley Punto 11 - Ley Punto 11- Ley Punto 11 - Ley ANNEX I Page 1

7 GLOBALG.A.P. Risk Assessment on Social Practice (GRASP) GRASP Module Interpretation for Argentina - Version 1.0, July 2013 ANNEX II: List of the organizations that participated in the development of the guideline First Name, Last Name Sector Organization Adolfo Pampiglione Negociador Laboral CAFI Adriana Gabriela Rodríguez Carriquiriborde Miembro Paritario Nacional Adriana Vera Técnico INTA mendoza Alejandra Pistagnesi Técnico Univeg Expofrut Alejandra S. Cardona Técnico Agroservicios Alejandro Monclesi Técnico PAI Bettina Sanchez Comercial PAI/Agroroca Carol Troilo Técnico INTA mendoza Claudia Garcia Técnico Kleppe Cristian Beinaravicius RRHH Univeg Expofrut Cristian Painiqueo RRHH Moño Azul Daniel Argarañaz RRHH Moño Azul Daniel Satragni Gerente General CAFI Diana Gaglietti Técnico Particular Diego Ayarra Técnico IRAM (CB) Enrique Kurincic Scheme Manager IRAM (CB) Estudio La Pusata- Carriquiriborde Erika Villagran Técnico Patagonian Fruit Trade Erminda Sanhueza RRHH Canale Fernando Mamberti Técnico Bodega del Fin del Mundo G. Javier Bejarano RRHH Primera Cooperativa Gabriel Berardinelli Gerente Técnico OIA (CB) Gabriel Gómez Técnico Ecofrut Gabriel Obreque Técnico Brevi Gabriel Valls RRHH Tres Ases Gastón Grossi Seg. y Salud Ocupacional Martín hnos. Gerardo Ontanilla Técnico INTA mendoza Gloria Pérez Gerente AFINOA Hugo Espain Técnico Inspectorate Arg. (CB) Javier de Arregui Técnico Canale Karina Díaz Técnico Patagonian Fruit Trade Laura Magnani Técnico Via Frutta Laura Tirri Técnico Particular Lucio Illescas Técnico PAI/FUC Luis Brunetti Técnico Moño Azul Luis Matías Montiveros Técnico Kleppe M. José Romero Técnico SGS (CB) ANNEX II Page 1

8 GLOBALG.A.P. Risk Assessment on Social Practice (GRASP) GRASP Module Interpretation for Argentina - Version 1.0, July 2013 First Name, Last Name Sector Organization Maria Celia García Técnico Particular María del Carmen López RRHH San Formerio Maria Gabriela Garrido Técnico Tres Ases María Julieta Berduc Especialista en Derecho de Trabajo individual, colectivo y de la Seguridad Social Estudio La Pusata- Carriquiriborde Maria Laura Malaespina Técnico Primera Cooperativa Mariana Budín Técnico Ecofrut Mariana Mrozek Técnico Particular Mariela Elizabeth Garabito Especialista en Derecho de Daños y Contratos Martín Aguilera Técnico Univeg Expofrut Miguel Ángel Garcia RRHH Kleppe Natalia Cassola RRHH Via Frutta Nicolás Olivera Seg. y Salud Ocupacional Via Frutta Paola Mársico Técnico OAA (AB) Raúl Aruani Gerente General Rene Haded Técnico Zetone Estudio La Pusata- Carriquiriborde Asociación de Productores y Exportadores de Frutas Frescas (ASPEFF) Rita Cinca Scheme Manager Inspectorate Arg. (CB) Salvador Jodar Técnico Maresba Sebastián Garcia Técnico Kleppe Soledad Eugeni Técnico San Formerio Verónica Boltsahuser Directora Provincia de Río Negro Verónica Gonzalez RRHH Via Frutta ANNEX II Page 2