Expte. N º 1.335.582/09
In the city of Buenos Aires, on the fifth day of August two thousand and nine appear to be 1500 hours in the DEPARTMENT OF LABOR EMPLOYMENT AND SOCIAL SECURITY NATIONAL BUREAU OF LABOR RELATIONS, before Sandra Yolanda CESAR my Secretary of Conciliation of the Department of Industrial Relations No. 2 Mr. Eduardo BLACK prosecretario as the national union, Mr. Carlos Irrera as the union branch secretary Buenos Aires, Mr. Claudio Nahuel MORE (DNI N º 24814984), Andrea Castro, Gabriela RINALDI, Mariela in DI BONA qualities of trade union members of the committee within the Bank, all on behalf of the Banking Association, sponsored by Dr. Francisco Rojas, on the one hand and the other does Dr. Paul Mastromarino T ° 63 692 ° F as the possession of CITIBANK NA Sucursal Argentina who proves his personality through a copy of power that accompanies this act, constituting a legal address on Tucuman Street 4 th Floor 1 Capital Federal identity all with personality and other accredited data file.
declared open the event by the officials concerned, this should be to cede the floor to the union representatives who stated: That we come to ratify all the terms of the allegations made in exptes. N º 1.248.228/07 and 2-335.582/09 to conduct the National General Secretary Dr. Juan José Zanola we spent to expand in this act:
1 - that Citi Bank continues to flout the existing legal working hours established by the decree 2289 / 76, in all its provisions, including with respect to the times of refreshing, particularly in branches and in some central areas, where the company exercises increasing pressure to prevent workers from exercising the right.
workers are forced to work every day 9 (nine) hours or more without paying for overtime, as required by law, which is appropriate to recall are not binding and that due to overload tasks to which workers are exposed to various areas, particularly in branch offices, is further exacerbated by operational changes mandated by the Company in care of alternative means of payment, ATM, etc.
is clear that the current staffing is insufficient to solve the task level, unloading on employees damages resulting from the problems that displays the company and the management persists in ignoring and worse.
also recall that the current day has been ratified by this Ministry in the minutes 1078914/03, signed by representatives of all sector business chambers, including the camera ABA, and that failure to extend to the Clause 2 of the memorandum signed file under the 1248228/07 in which the Bank agrees to review their performance in the field, before the breaches reported by the International Trade Union Commission in due course.
alleged conduct resulting in damages of patrimonial, personal, academic and their own physical and mental health of workers exposed to these conditions, this also that there is a tax loss to the social security contributions not made in not paying the appropriate overtime, and we are calling Citi Bank immediately cease this behavior and repair the damage caused .
2 - The above impact, apart from the violation of legal working hours in the legal working week and we have found increasing pressure for the staff of the trading platform of branches go to work on Saturdays. These same pressures have verified aggravated form of abuse and workplace violence in the area of \u200b\u200btelemarketing and therefore demand an immediate cease and measures taken necessary to prevent recurrence.
3 - Also, the new branch Catalinas, daylight hours are from 10 to 16 hours and not 10 to 15 hours (five hours) as stipulated in Decree 2289/76. That extra hour of care, there is a risk to be extended to other branches, especially the new, contributes to the total normal and regular tasks can not be completed within 7.30 am of the bank working day, resulting therefore in personal injury to the already mentioned.
4 - We have found that many workers that the bank considers part-time in branches and central areas, are victims of occupational fraud, and that in practice working day complete, or work overtime, even though this is expressly forbidden, which demand recognition as full-time employees where appropriate so and / or compensation for the legal banking day for them.
5 - also able to verify the existence of numerous working positions in which employees working with temporary contracts, longer than the term loosely set in the legislation, therefore we demand for all its immediate effectuation.
6 - The above situation keeps alarming similarity to the conditions endured by large numbers of workers employed in sectors misnamed tasks "Outsourced," which goes so far as to ensure the work performed by the same worker doing it consistently pass on a company, but without recognizing the real employment relationship between Citibank and these workers even when the functions performed by them are clearly bank (normal and specific banking institution) and are usually done using the facilities, equipment, supplies and instruction hierarchy of the bank, as we have seen happening in the area of \u200b\u200bClearing, among others, Peter Paul workers Juan José Lemmo and Lemmo, who work in these conditions for over fifteen years. Importantly, these workers - people with different abilities - along the period worked on numerous occasions have sought to regularize their employment status, without success, lie in the same period have seen other workers, who also deserved were satisfied in the same claim.
The situation is particularly serious in the case of John Joseph Lemmo, who after recent claims made, including the action before the International Trade Union Commission, was notified by the Company Fiserv SA of its removal from the labor settlement in which tasks provided for eighteen years.
We demand the immediate regularization of employment of such workers, as well as that of all workers involved in this transaction.
7 - It also exposes the incorrect application of the minutes of December 10, 2008 as stipulated in the basic wages and compensation for workers made initial bank of Citibank, making a bold interpretation of its provisions, has decided to absorb the same reimbursement for care that was paid to workers with children under 6 years. We demand the immediate return of withdrawals unilaterally abolished by the company.
8 - We demand also are granted categories for conventional effectively functions performed by workers in every case, citibank issue that has made little progress and in many cases poorly. This part also requested, without thereby undermining the professional one in this audience represents the Bank to attend next hearing to be appointed managers with decision-making. In
speak Employer representation EXPRESS: What is in this act to take note of the submissions referred to the bill which simply copy thereof, as well as the extension done, and requested a new hearing is designated .
In this state the acting officer proceeded to set new date for hearing on August 19, 2009 at 15:00 leaving these formally notified. Being
at 17.00 is finalized the signing ceremony appearing under the previous reading and ratification by at my certifying official. SECTOR UNIONS SECTOR EMPLOYER
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