NATIONAL LABOR REGULARIZATION PLAN (PNRT)

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NATIONAL LABOR REGULARIZATION PLAN (PNRT)

Ministry of Labor, Employment and Social SecurityMinistry of Labor, Employment and Social Security

Argentine RepublicArgentine Republic

04/21/23

DISTRIBUTION OF POWERS IN THE AREA OFLABOR INSPECTION AND SOCIAL SECURITY

National Labor

Regularization Plan (PNRT)

UNDERSECRETARIAT OF LABOR INSPECTION AND SOCIAL SECURITY NATIONAL DIRECTORATE OF INSPECTIONNATIONAL DIRECTORATE OF INSPECTION

FEDERAL JURISDICTION

AGENCY SUBJECT MATTER

MTEySS(Ministry of Labor, Em-ployment and Social Security).

Supervises compliance with the labor laws at the national level, overall working conditions and compliance with Collective Labor Agreements (CCT). In the area of social security, oversees compliance, in conjunction with the Tax Authority (AFIP), by employers with the obligation to make disclosures and contributions to the Social Security System, imposing the appropriate penalties for any violations they detect.

SRT (Occupa-tional Risk Superin-tendency)

Monitors compliance by employers with occupational health and safety obligations on premises under federal jurisdiction.Ensures that Occupational Risk Insurers discharge their obligations.

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National Labor


UNDERSECRETARIAT OF LABOR INSPECTION AND SOCIAL SECURITYNATIONAL DIRECTORATE OF INSPECTIONNATIONAL DIRECTORATE OF INSPECTION

AFIP(Tax Adminis-tration)

In charge of collection, oversight and attachment of Social Security funds.Oversight of social security funds conducted in conjunction with the MTEySS.

DNM(National Directorate of Migration)

Law 25.871. Supervises and penalizes employers that hire foreign workers whose immigration status is not in order.

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National Labor



LOCAL JURISDICTION

AGENCY SUBJECT MATTER

Provincial Labor Administrations

Each province polices all labor matters within their jurisdiction that they do not come under the authority of national agencies, monitoring overall working conditions, compliance with the terms of Collective Labor Agreement, and occupational health and safety regulations.

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PURPOSE OF THE PLAN

National Labor


The National Labor Regularization Plan (PNRT) has been underway nationwide since 2003.

•To regularize the status of Unregistered workers

•To promote decent work as prescribed by the ILO

•To eradicate evasion of taxes and contributions

•To sustain the Social Security System

•To raise public awareness about the ills of Unregistered Labor


National Labor


Its objectives are:

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TOTAL INSPECTIONS, 2003-2009

National Labor


639.222 Establishments.

2.016.945 Workers.


INSPECTION PERIOD

No. ESTABLISHMENTS

INSPECTEDNo. WORKERS

SURVEYED

% DETECTED UNREGISTERED

WORKERS

Sept. 2003 to Dec. 2004 89.000 295.038 21,89%

2005 106.166 310.443 22,66%

2006 188.020 499.142 24,17%

2007 123.536 411.041 23.72%

2008

97.275

378.793

30.20%

2009(*) 35.225 122.488 32.25%

(*)Data current as of August 28, 2008(*)Data current as of August 28, 2008

National Labor


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ORGANIZATION CHART

National Labor



National Labor


Undersecretariat of Labor Inspection and Social Security

National Directorate of Inspection

Federal Directorate of

Inspection (DFI)

Directorate of Inspection

Decisions (DRF)

Directorate of Operational

Programming (DPO)

Directorate of Follow-Up and

Control (DSyC)

Secretariat of Labor

Minister of Labor, Employment and Social Security

Regional Delegations

In charge of operational implementation of the Plan (inspection and investigation stages) within the jurisdiction of the City of Buenos Aires and in activities under federal jurisdiction.

Adopts rulings on all proceedings initiated as a result of inspections that disclosed violations, as well as on administrative appeals. Administrative tribunal.

Involved in pre-inspection intelligence gathering stages. Territorial planning and fiscal intelligence.

Performs controls on all inspection processes, interacting with the different areas concerned, in order to improve and optimize Plan performance.

Offices of the representatives of the Secretariat of Labor in different jurisdictions in the country. They carry out the Plan within their jurisdictions according to guidelines imparted by the National Directorate of Inspection.

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STAGES OF AN INSPECTION

National Labor



National Labor


PlanningInspection –

Worker Survey

Verification of alleged violations

Payment or initation of attachment proceedings

by DAJ

Administrative appeal

DecisionHearings to

answer charges

Judicial appeal

Referral to AFIP Referral to AFIP to ascertain to ascertain existence of existence of

unpaid Social unpaid Social Security Security

contribution.contribution.

Inspection Stage Investigation Stage Decision Stage

DPO-DIF-DR DIF-DR DRF

Control and Follow-up on all proceedings

DSyC

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PLANNING PROCESS

National Labor



National Labor


Financial investigations on activities to be

inspected

Official statistics (INDEC)

Other Agency Databases

Planning

History of inspection targets (PNRT)

InspectionInformation

ProcessResults

Feedback to planning ensures better targeting

FISC

AL

INTE

LLIG

EN

CE

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PNRT CIRCUIT CONTROL

National Labor



PNRT PROCESSES

FIELDWORK THROUGHOUT THE COUNTRY

ALL ADMINISTRATIVE STAGES IN THE PNRT PROCEDURE

DESIGN AND IMPLEMENTATION OF CONTROL MECHANISMS FOR:

PURPOSE

TO ANALYZE QUALITY OF WORK AND DESCRIBE THE PLAN GUIDELINES AT EACH ESTABLISHMENT.

TO DETECT POSSIBLE DEVIATIONS, INCONSISTENCIES OR PROBLEMS AND PROPOSE THE CORRECTIONS OR CHANGES DEEMED NECESSARY.

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INSPECTION CONTROL

National Labor



THE RELEVANT CONTROLS ARE PERFORMED TO VERIFY THE WORK IN THE FIELD OF INSPECTORS AT EACH DELEGATION AS WELL AS THE QUALITY OF THEIR WORK.

RE-INSPECTION

• Selection of previously surveyed objectives, covering areas with a high density of establishments on the basis of a variety of management indicators.

• Quality control surveys on employers and workers.

INDICATORS

% IN ORDER

% UNREGISTERED WORKERS

CONTROLS AT DELEGATIONS

COVERAGE (VOLUME OF INSPECTIONS) OF THE REGION BY THE DELEGATION

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INSPECTION CONTROL

National Labor



THE NECESSARY CONTROLS ARE PERFORMED AT THE INVESTIGATION STAGE OF THE PROCEEDINGS IN ORDER TO AVOID DELAYS IN THE PROCESS AND UNNECESSARY ADMINISTRATIVE COSTS.

INVESTIGATION STAGE

• Selection of case records from each stage of the Plan based on management indicators.

• Preparation of Procedure Guides.

•Training for delegations based on the above Guides.

INDICATORS

CONSULTATIONS PREPARED BASED ON THE MANAGEMENT SYSTEM

TIME DIFFERENCES BETWEEN THE VARIOUS STAGES OF THE PROCEDURE.

21/04/23National Labor


REGISTERED LABOR IS QUALITY, SAFE AND PROTECTED LABOR


Documents

NATIONAL LABOR REGULARIZATION PLAN (PNRT)