Different entities expressed themselves in celebration of the decision to revoke the ruling of the National Chamber of Labor Appeals (CNAT).
The Argentine Chamber of Commerce and Services (CAC) and the Union of Occupational Risk Insurers (UART) celebrated this Thursday the unanimous decision of the Supreme Court of Justice of the Nation that reversed the ruling of the National Chamber of Labor Appeals (CNAT). For companies, this “puts a limit on the way interest on compensation for the dismissal of a worker is calculated.”
The Supreme Court of Justice was issued, for the first timein a matter that maintained in suspense to the business world for him calculation of interest for compensation. In a ruling to which he had access Ambit resolved annul a sentence that had come through a Complaint appeal in which a dismissal was discussed, but also the amount of interest computed by the labor justicea conflict that had divided waters regarding which criterion to apply, even within the own jurisdiction with different formulas.
Large and small companies had raised their voices for more than a year, while business chambers had sent word to the Chamber of Labor already her own Court letters expressing your concern about the impact that had the multiplication of interests, which made it uncertain that they could meet the sentences at the time of payment of compensation.
So, The Court annulled a ruling of the National Chamber of Labor that ordered the successive capitalization of interest by application of your Minutes 2764/2022. He considered that this criterion for calculating severance pay It is not provided for in the law and caused a disproportionate increase in sentence (7745.30%), in the case of a claim for dismissal against a construction company.
“From UARTWe consider that This ruling contributes to ordering judicial updates directing them towards a lane reasonableness“said the insurers.
CAC highlighted having warned “about the deep concern that exists among job providers in relation to the ways in which settlements are updated.”, understanding that those applied by the CNAT seriously damaged companies, generating damages and distortions that many firms were not in a position to face. Furthermore, they highlighted that the Court’s ruling “is in line with one of the points included in the Labor Chapter (suspended by the CNAT) of the DNU 70/23 and also with the Bill of ‘Law of Bases and Starting Points for the Freedom of Argentines'”.
The CAC concluded the statement by explaining that “it does so in the conviction that complies with the law and favors the establishment of the much-needed legal certaintyvital to promote investments and the generation of genuine employment that the progress of our country demands.”
Source: Ambito
