Resumo

SANCHEZ ENRIQUE, Daniela Verónica. Trabajo rural temporario y fragmentación normativa en Argentina. Rev. Pilquen. secc. cienc. soc. [online]. 2016, vol.19, n.2, pp.25-37. ISSN 1851-3123.

This article aims to analyze the legal fragmentation in the temporary rural work in Argentina, and the institutional consequences, and control agencies working conditions, from the perspective of its impact on the Economic, Social and Cultural Rights of workers from the last reform of Argentine agricultural work Law 26.727/11. This issue is relevant for existing workers excluded of the agricultural labor regime, who are subject to special collective labor agreements (CCT), as in the case of the grape harvest (85/89 and 154/91) and fruit or CCT CCT 1/76 271/96 and Law 20.744, whose subsidiary rule is the Labor Contract Law (LCT). In this context of legal fragmentation, there are cases of conflicting provisions on the same phenomenon, which are allowed in certain areas of agricultural labor in others, because certain types of crop to who does not apply the system of agricultural work of the Law 26,727, they are prohibited. This level of regulatory fragmentation justifies an analysis of its impact on the sector of temporary work to consider the characteristics of seasonality, seasonality and mobility that characterizes the agricultural employment, the same worker may disqualifies different labor standards throughout the year, depending on the type of crop. The structure of this work is divided into two sections, first the situation of legal, union fragmentation and inspection of temporary rural employment sector and second, what will be developed on the incidence of fragmentation in the case of cooperatives, labor intermediation and placement firms rural labor, as manifestations of labor outsourcing in rural areas.

Palavras-chave : Temporary Rural Work; DESC; Fragmentation Regulations; Outsourcing.

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