Labor reform: how the changes analyzed by Javier Milei’s government will impact the Labor Contract Law

Labor reform: how the changes analyzed by Javier Milei’s government will impact the Labor Contract Law

The management of Javier Milei has already launched one labor reform that impacts about the workers. In this framework, it is expected that this year it will promote new modifications that influence the Law of Employment Contract.

Many of the changes were contemplated in DNU 70/2023, such as the possibility of making payments in non-bank accounts. The possibility of issuing salary receipts electronically and preserving them in digital format is also addressed.

The initiative of the Executive Branch is based on “Investment and Employment Promotion Law” projectpresented by the representative of La Libertad Avanza (LLA), Romina Diezalong with 14 other co-authors of the same block. Among them, José Luis Espertone of the economists closest to the president Javier Mileiand Gabriel Bornoronipresident of the ruling bloc in the lower house.

Another of the modifications that the ruling party is promoting is to collectively agree on the overtime regimebank of hours or compensatory francs and the review of the principle of inalienability of labor rights.

Julio Cordero Secretary of Labor.jpg

What changes does the Government promote in the Employment Contract?

One refers to the “inalienability” and postulates that “any agreement of parties that suppresses or reduces the rights provided for in this law, the professional statutes and collective labor agreements will be null and void.either at the time of its celebration or its execution, or the exercise of rights arising from its extinction.”

In this way, it would allow all those conditions agreed upon above the law or collective labor agreements, that is, those agreed between the parties or by custom, to be waived by the worker.

It plans to modify article 66 of the Employment Contract Law, proposing that “The employer is authorized to introduce all changes related to the form and modalities of the provision of work. as long as these changes do not involve an unreasonable exercise of that power, nor do they alter essential modalities of the contract, nor do they cause material or moral harm to the worker.” But “when the employer provides for measures prohibited by this article, the worker will have the possibility of choosing to consider himself dismissed without cause.”

The project refers to “social benefits” as non-remunerative and detailed benefits for workers (such as food, reimbursement of medical expenses, work clothes, school supplies, daycare or training). Apply improvements in payment systemsestablishing electronic modalities and new provisions for the registration and preservation of salary receipts.

Another change proposes “bonuses or vouchers” for lunch or dinner, in a sort of return of “lunch” tickets that were questioned at the time.

Also the reimbursement of the amount paid to personnel hired by workers to care for children children under 6 years of age and/or therapeutic care, assistance for sick or disabled people.

In the same line it is registered mobile phone and internet access for the worker and his family, club or gym fees.

One of the changes not contemplated in Decree 70/23 adds the possibility of notifying disciplinary sanctions by “any reliable means”, opening the possibility of notifying sanctions not only by document letter, but by other means that allow proof of effective receipt. .

Source: Ambito

Leave a Reply

Your email address will not be published. Required fields are marked *

Latest Posts