Through the Resolution 1873/2023 of the Ministry of Labor, Employment and Social Security – published this Friday in the Official bulletin– The approval of the accessions to the framework agreement concluded between the Argentine Federation of Commerce and Services Employees(FAECYS), by the union sector, and the Argentine Chamber of Commerce (CAC), the Argentine Confederation of Medium Enterprises (CAME) and the Unition of Argentine Commercial Entities (UDECA), by the employer sector.
Said agreement establishes that Member companies may suspend their workers for reasons of force majeure or lack or reduction of work, with the payment of a non-remunerative benefit. In that sense, the approval of these accessions means that the Ministry of Labor recognizes the validity of the framework agreement and that the participating companies will be able to apply it to their workers.
The action of the Ministry of Labor is framed in the context of ongoing negotiations with large supermarket chains in relation to the price agreements promoted by the Government. In this sense, the regulation could be considered as a request made by companies in the framework of the talks.
The framework agreement, which was approved for the first time in 2020 as a result of the pandemic, establishes the possibility that companies in the commerce and services sector can suspend their workers for economic or productive reasons, paying a non-remunerative benefit equivalent to 50% of the salary. As a key actor in this process, it is highlighted that the union entity gave its consent to the accessions.s, thus supporting the companies’ initiative.
In this opportunity, nine large hypermarkets requested accession to the framework agreement.
The resolution approves the accessions with the following effects:
- Companies may suspend their workers for a maximum period of 60 days, with the payment of a non-remunerative benefit equivalent to 50% of the salary.
- The suspensions They will remain in force as long as the causes that originated them subsist..
- Workers affected by suspensions They will keep their job and their labor rights.
The resolution also establishes that approved accessions will be considered as collective framework agreements, without prejudice to the individual rights of the affected personnel.. This means that workers affected by the suspensions will be able to claim their individual rights before the Labor Court.
The official text highlights that the requests presented by the companies comply fully to the terms of the framework agreement, ensuring that the most favorable conditions for workers affected are applicable, thus promoting the well-being of the workforce involved.