The new dismissals without cause. Agreements with the company or agreements with the union

The labor reform of the Bases law has not yet been regulated, the part of the termination of an employment relationshiplayoffs. The minister Sturzenegger There are some obstacles in the way of regulating two important points of the labour reform of the basic law.

The first is the right to strike where the new law inserts a new cause for dismissal with just cause for those dependents who obstruct entry to the workplace, break company assets or intimidate or threaten other colleagues in a coercive manner and allow them to provide services. Those who are caught red-handed in this offense, after prior notification by certified letter from the employer, may be dismissals with just cause.

The other regulatory problem is more complex because the minister wants to implement two more forms of labor disengagement, that is, two new ways of devising a mechanism so that when the labor relationship ends there is not a river of blood in the economic-financial sense for employers.

First let’s clarify something for those who are not familiar with the subject of dismissal without cause. In our country, and as 100 years ago, we have a compensation mechanism In which an employer who fires an employee without giving cause is liable for obligation to pay a salary for each year of service or minimum fraction of 3 months. Example: If an employee who worked for 3 years and 4 months is fired, he must be paid 4 salaries as severance pay.

This remains as is, it has not been modified, It was not touched and no one removed it for those enthusiasts of senseless conflict.

What the basic law brought with the labor reform is the incorporation of a new institute which is the creation of a severance pay which is 100% optional and it is up to the unions to decide whether to give it life or not. In other words, it is the unions who will give life or not to this severance fund and take the century-old compensation out of play. Which union member will dare?

The article is clear, “unions MAY incorporate a severance fund replacing the severance pay of article 245 LCT with the incorporation into their CCT” (art. 96 of the basic law)“. It’s clear who has the pen!

Now, what the minister intends after reaching an agreement with the two sectors, businessmen and unionists, is that a new dismissal mechanism be designed and that it be layoffs by companies.

It is clear that the basic law creates the cessation of work fund and gives the power and decision to the unions, this component is called “layoffs by unions“It is the unions that will design the new way of paying a worker when he is fired without cause.

March of unions on August 17 Ignacio Petunchi (17).jpeg

“Dismissals by unions” the new figure created by the law bases.

Ignacio Petunchi

The other version is called, “layoffs by companies“and it has its story in what the work of the future and the technological era are asking of employment and work in our country: autonomy of the will of the parties when it comes to hiring, developing and terminate the employment link or relationship.

It’s simple, the two parties sit at a table, the two parties involved in an employment contract, in an employment relationship, just the two “employer and employee”, as simple as that. They will negotiate in a dialoguing manner and with one foot in equality and contractual good faith, without interference from the unions and much less from the State, How will your employment relationship be carried out?, its development and of course, how is it will compensate at the time when the relationship no longer ends and this termination is driven by the employer.

All developed countries with high levels of production have this modality. They understand how it works and what the objective of labor law or the labor market is, they understand that the The labor market depends on only two peopletwo parts, one is the one who decided to invest, risk, gamble and put the factors of production to produce something and employ other people to achieve his goal (employer); and the other person is precisely the one who does not want to risk and prefers to be subject to a schedule, accept directives and put his physical strength or his intellectual strength at the service of the other subject for a certain time in exchange for money at the end of each month (worker).

The day that Argentina understands that these two people They are the engine of the economy and we must stop feeding ourselves with conflicts, trials, fights, chicanery, advantages and unnecessary interference that only enriches those involved and not those interested, We will be a country with full employment and job development.