After the labor reform which was approved within the law Basesthe advantages that the private sector will have at the time of the registration and regularization for employers who have illegal workers on their payroll.
According to the norm, workers who are included in the regularization will have the right to compute up to 60 months of service with contributions or the least number of months, calculated on a monthly amount equivalent to the minimum living wage, in order to comply with the years of service required by Law 24,241 to obtain the universal basic benefit and the unemployment benefit of Law 24,013.
The regulations would be released next week, and with it the confirmation that The regularization must be made effective within 90 calendar days.
Benefits to employers for regularizations
Although some details are still to be worked out, the benefits that employers will be able to access in order to regularize current employment relationships that began before the date of promulgation of the recent law are the following:
- Debt forgiveness for capital and interest due to non-payment of contributions of the following concepts: Law 24,241 (Argentine Integrated Pension System); Law 19,032 (National Institute for Retirees and Pensioners); Law 23,661 (National Health Insurance System); Law 24,013 (National Employment Fund); Law 24,714 (Family Allowance System); Law 22,250 (National Registry of the Construction Industry).
- Extinction of criminal action (Tax Criminal Law 27,430) and forgiveness of the fines, violations and sanctions corresponding to the regularization.
- Deregistration of Employers with Labor Sanctions (REPSAL – Law 26,940), provided that the workers are regularized and the fine is paid, where applicable.
As for the item of condemnation, the regulations will determine the percentages, although it is clarified that may never be less than 70% of the sums owed. Incentives for cash cancellation and special benefits for Micro, Small and Medium Enterprises may also be established.
This debt forgiveness could reach 90% for smaller companies, 80% for medium-sized companies and 70% for larger companies, in cases where payment is made in cash. In order to make up the difference, AFIP would launch a payment in installmentsbut without a subsidized rate, as reported Infobae on the details that will soon be released in the regulations.
These details are studied by the Ministry of Labor teams, led by Julio Cordero; the Minister of Disorganization and Transformation of the State, Federico Sturzenegger; and the Minister of Economy, Luis Caputoas well as the AFIP.
Finally, they stressed that it would be agreed on an optional basis through collective bargaining agreements. Severance paywhich replaces the seniority compensation. It would also be optional for companies and workers.
The changes that the labor reform underwent after the second version of the Bases law
The section of the Bases law that modifies employment relationships It underwent certain modifications with respect to the first version of the initially called “omnibus project”.
In this case, the Government of Javier Milei presented a less ambitious labour reform and eliminated issues related to money laundering and moratorium for those companies that regularise the employment situation of their workers.
After meetings, negotiations and debates in committees, the Title V called “Labor modernization“, included in the new law Baseswas transformed into a 17-article reform of the labor legislation. The section contains various modifications to the draft Employment Law No. 24,013.
Source: Ambito
