The DNU contemplated deregulations that SMEs expected, but that are not in force under the protection of the CGT

The DNU contemplated deregulations that SMEs expected, but that are not in force under the protection of the CGT

The DNU surprised us by the number of deregulations; SMEs see that some of the concepts of the DNU have been requested for decades to streamline and provide certainty to labor relations and the provision of services.

Q: What deregulations benefit SMEs for hiring?

EP: The DNU contemplated many deregulations that SMEs expected, but that are not in force today due to the protection presented by the CGT.

They are worth mentioning. For example, providing a work certificate for personnel dismissals is a purely formal issue that carries great uncertainty because failure to provide it generates heavy fines, but it is manual and is issued when AFIP allows it. It comes with a certified signature of the employer, it can only be generated after termination of employment, which meant that the employee no longer came to pick it up, and then disproportionate fines were judicially applied to the employer for not delivering it.

The DNU determines that it is valid digitally and should only be uploaded to the ANSES. That’s it, the problem would be over for all parties without litigation.

And so many other issues that the DNU would solve: signing the salary book, which is duplicated with the digital book that is uploaded to the AFIP, would now be without effect and we would not duplicate data upload, simpler salary receipts, simpler registration of a new employee.

Elisabet Piacentini

Piacentini highlighted deregulation in the workplace.

Q.: What do SMEs think about the repeal of the Traveling Traveler Statute?

EP: The Traveler’s Statute, which was established by Law 14,546 in 1958, did a lot of damage to the profession of salesperson itself, since due to this law many SMEs repeat that they do not take on salespeople due to the risks and possible unfair judgments that become unpayable. The company’s relationship with a seller must flow with modern and flexible standards.

Q: Does the DNU improve the relationship with teleworking employees?

EP: The DNU would now give the employer the possibility to establish with his employee the conditions of returning to face-to-face, if any party so wishes, in a consensual manner, the same for scheduling childcare tasks at home, as it is consensus encourages hiring more employees in this modality. The teleworking law was wrongly created without allowing the employer to participate in schedule planning and other decisions that were left in the hands of the employee unilaterally.

Q: What other norm do you think is essential to change and is it in the DNU?

EP: The re-entry of workers into a company. The advice today is “do not re-enter personnel who left”, because you may have to pay compensation twice, since it does not allow you to update what was already paid in compensation, seniority, the DNU regulates this very well and is fair for both parties.

Q.: One of the problems with hiring is the issue of dismissals, how do the DNU and the bill address this problem?

EP: It would also happen now certainty of compensationby removing the SAC from the calculation base, (which the jurisprudence had already said) and by making it clear that other awards or benefits are not compensatory remuneration.

Very important and relieving is that a logical update rate would be given for labor sentences, (the one established last year in CABA capitalizes interest and infinitely multiplies the sentences, aggravated by the slowness of justice in resolving), it also alleviates to SMEs by issuing the compensatory fines that were added to each other according to the criteria of the court in which they fell.

Q.: Would the DNU allow hiring monotributistas as employees?

EP: No, the dependency relationship and the rights of the worker are regulated in the employment contract law, an employee cannot be a monotributist.

But the DNU does clarify a real concept in practice: when there is contracting of services, with a non-exclusive nature of provision, it is legal for it to be implemented under monotax billing, without having the uncertainty that a court will decide, without clear evidence, to endorse a relationship. job that did not exist.

Of course, the DNU also punishes fraud, the same in the trial period, an 8-month trial period is very good for both parties, but the company will be punished if it uses it fraudulently.

Elisabet piacentini fecoba.jpeg

The FECOBA leader was against the elimination of the Gondola Law and the Compre Nacional regime.

The FECOBA leader was against the elimination of the Gondola Law and the Compre Nacional regime.

Q: What aspects do you see as negative for SMEs?

EP: Of course, other points of the DNU caused surprise. The Gondola Law It helped SMEs to be suppliers to large supermarkets and it was working, it could have been improved, but not eliminated.

The same Buy Nationalis an impulse for industries to be suppliers to the State, the State and the provinces are large buyers of all types of products that, if used in a transparent manner, boost national production and job creation.

SMEs are restless if the Argentine industry that required so much investment is not taken care of, that must be anticipated.

We know that SMEs in Argentina are few compared to the region, that they do not grow, the majority do not reach medium-sized as in other countries, that there are few SMEs per inhabitants and there should be more, and we believe in the famous phrase: “If you are looking for results different, don’t always do the same thing.”

Q: Of the package of laws sent to Congress that are being discussed, which ones benefit SMEs?

EP: The public procurement system with debureaucratization is good for SMEs. The Moratorium and money laundering, in addition to adding resources to the State, will allow us to look forward and add capital to invest.

Q: And which ones harm?

EP: We do not see projects in the omnibus law that harm SMEs

Q:What is your opinion on the issue of deregulation in activities such as tourism agencies, customs brokers and the sale of medicines? Do you think this affects SMEs?

EP: These three issues must be discussed again with the sectors involved, thinking about the common good. Regarding the issue of travel agencies, they must ensure the safety of the traveler, it is not bad to regulate to provide security.

It can be mentioned that, when deregulating the economy, in the early stages of implementation, a negative impact may be seen on some specific activities, given that it aims at free supply and demand, which some sectors (or SMEs) may not agree with. all prepared to go on the market without protection on some issues from the State.

But the objective is free competition in the private sector without intervention from the public sector, eliminating bureaucratic and political obstacles, which can be considered favorable.

Q: What recommendation would you give to legislators to help SMEs?

EP: This DNU could make SMEs grow, but we believe that consensus should be highlighted and that Congress is the natural environment for all parties to be heard. We talk about “all parties”; It happens that SMEs have not been heard in fundamental laws where we could have contributed our experience and vision to add growth and development. If we had been able to participate in laws that were created behind a desk, Argentina would be very powerful in the region.

Source: Ambito

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