Sorry, No "Mobing" Allowed
Article Date: Tuesday, June 10, 2008
Written By: Russell Rawlings
Meeting with members of the private bar |
From Scott Hile
(Tuesday, June 10)
What makes the Tuesday of our delegation special? One word – "mobing" – (keep reading to understand).
By now we are halfway through our delegation's visit and the prior blogs have given you a glimpse of both Buenos Aires and our delegation's exchange. This day began like any other - wait, scratch that. I made that typical travelers' flaw and relied on my mini-alarm clock rather than a wake-up call. Needless to say, 15 minutes before the delegation was due to leave, my wife asked what time it was and, in a flash, I was up, showering, dressed, and running downstairs. Luckily, this was the only bad point in a very interesting day.
We met our main contact, Dr. Fernando Fravega, in the hotel lobby and, after making introductions, strolled through the busy morning streets of Buenos Aires to the Coligio de Abogados de la Ciudad de Buenos Aires otherwise known as the "private bar." We walked through a small entranceway and then through a smaller door. Yet, once through the door, we immediately noticed some of the differences between the public and private bar associations. We passed by a marble staircase with brass handrails into a library with books from floor to ceiling dating back over 100 years ago.
The morning session began with a discussion of Argentine labor law with presentations by three lawyers. The first lawyer presented in English and discussed their basic employer-employee relationships. With the second lawyer, we began our U.N.-like process of using wireless earpieces to hear our translators as the speakers began their presentations in Spanish. It was interesting to learn that over 95% of all employees do not have employment agreements and instead the relationships are governed by their code laws.
There are some exceptions for certain job types, such as traveling salesmen who must earn commission by law and written contracts are the norm. He also discussed noncompete agreements that, though not specifically covered by an actual code law, are supported with similar restrictions as found throughout the United States. We also learned about local severance laws upon termination and the role of unions within the workforce.
Don't forget - I promised to explain "mobing," but be patient. The final lawyer for our morning session discussed the laws meant to protect employee rights. Argentina's code laws include anti-discrimination laws governing all of their society, as well as workplace-specific laws passed to protect the rights of pregnant mothers from unlawful termination during the 7 months before and after birth.
Surprisingly, there are no codified laws protecting against harassment or workplace violence. However, there is jurisprudence covering theses areas under the federal labor commission and rules governing Buenos Aires' government workplaces. Still, this is a developing area that, like many other countries in the region, must continue to grow and be enforced.
There is one area upon which they focused and noted the law protects against – mobing. Mobing you ask? We also had the same puzzled look as the translator repeated the word in our ears over and over as the presenters spoke. However, we managed to ask the question and were told the only way to translate the Argentine word was "mobing" or ganging up on an employee by another group of employees in the workplace. Though mobsters may not be happy to learn of this alternative meaning, in the end we all understood the concept and now have a new word to include in our vocabulary. After a light lunch at the bar association, we continued our afternoon with a presentation on immigration law with the major takeaway being the simplicity of their system compared to our own.
After our day's presentations, we rejoined our tour guide, Alejandro, and traveled to the U.S. Embassy for our meeting. Many delegation members were surprised by the security measures, including the Argentine police and their riot trucks (tear gas and water guns) outside our embassy. After passing through the security checkpoint, we were treated to a thorough presentation by the Deputy Chief of Mission and the U.S. Commerce Department representative where we got a brief history of the country and its relationship with the United States. It is always nice to know you have somewhere in a country where you can get a little taste of home. When we left the embassy, we are amazed to see several people protesting against the United States because they learned we were there. Though, a part from some tough words, it was merely an expression of their free speech and use of Che Guevara images.
Finally, I ended my night by having another excellent Argentine meal in the newly developed Puetro Madero district at the exquisitely, trendy Phillipe Stark-designed Hotel Faena. Puerto Madero reminds me exactly of the juxtapositions you see between new and old Shanghai. With a full belly and full day, I headed to put looking forward to what I would experience tomorrow.
End of Day 4 in Argentina