The Argentine Rural Society (SRA)the Argentine Confederation of Medium Enterprises (CAME) and the Agricultural Intercooperative Confederation (CONINAGRO) requested today before the National Chamber of Labor Appeals (CNAT) of the Federal Capital and the Supreme Court of Justice of the Nation (CSJN) the modification of the interest rate established by Act 2764/22. They also demanded that it be replaced by a new rate that incorporates more reasonable parameters.
This act of the CNAT changed the criteria for updating the labor creditsresolving to apply the annual capitalization on the interest rates established in previous acts, thus generating a new distortion, this time much more serious, unfair and inequitable, in detriment of employers.
The application of this act, far from providing a solution in the matter, what it produces is greater unemployment, since it is difficult for employers, and especially small and medium-sized companies, to dare to employ in the event that a labor event may have a much higher cost than the business itself. In this way, an affectation of enormous relevance is caused, seriously, unfairly and disproportionately compromising companies.
And it is that the application of Act 2764/22 generates such an exorbitant result that, not only is it disproportionate, but it also involves an alteration in labor legislation, since the settlements reflect an excessive increase in the amounts to be paid, colliding with the parameters compensation established in the Labor Contract Law (LCT).
The rate established by the act implies, indirectly, a modification of the LCT. Thus, compensation greater than one month per year is obtained, a change that would necessarily require a law from the National Congress. This indirect way of judicially varying the substantive law violates art. 31 of the Supreme Law while it is only the laws and the National Constitution (CN) that can govern the lives of the inhabitants.
In turn, it also violates art. 75 inc. 12 as long as it is only attribution of the National Congress to issue the Labor Code. And, finally, art is also violated. 116 of the CN as far as the courts are concerned with the “hearing and decision” of the cases submitted to them, but never and in no case the modification of the laws. Finally, by indirectly changing the law the right to property is violated.
If the Judiciary continued distorting the law, it would be a matter of confiscation or even expropriation without compensation and this is what is happening with the rate of Act 2764/22, which, it is reiterated, ends up establishing figures ranging from 3 to 5 months per year. , when the art. 245 of the LCT establishes that the compensation for dismissal is one month per year.
In conclusion, SRA, CAME and CONINAGRO express that, according to a parameter of reasonableness, the highest rate in the financial system, that is, the effective annual rate due or free destination, is the maximum that can be applied, without capitalization, precisely because of be the highest. Outside of this, whatever the parameter, in no case can the capitalization be multiple, because this is not in accordance with the current legal scheme.
It should be noted that the presentation of the three entities was accompanied by an “Economic Reasonableness Report of Act 2764”, signed by the head of Estudio Lisicki Litvin & Asociados, César Litvin, which clearly illustrates the origin of the request made to the Chamber of Labor to establish an interest rate without capitalization and that belongs to the menu offered and/or available by the Central Bank of the Argentine Republic (BCRA).
Source: Ambito
