Labor lawyers question the government’s initiative on the division of the license as they understand that it is a measure of labor flexibility. The bill was introduced by the Ministry of Labor and Social Security (MTSS) as an annex to the salary guidelines for collective bargaining, within the framework of the 10th Round of the Wages Council in Uruguay.
The Uruguayan Association of Laborers (AUL) He expressed his deep concern at the announcement of the presentation of a bill aimed at dividing the enjoyment of the annual leave. The initiative was presented by the head of the MTSS, Pablo Mieres, before him Tripartite Higher Council of collective bargaining in the private sector.
Under the current regime, workers have the right to make their license and seniority supplement effective in a single period. The exception to said rule requires the existence of a collective agreement authorizing its division into two periods, the lesser of which may not be less than 10 days.
As expressed by the labor lawyers through a statement, “in the announced project, the individual agreement between employer and worker is included for the purposes of said division, with the seriousness that also for these agreements Holidays may be computed in the samethis power, today questionable even in the case of collective bargaining based on the regulation given by the ILO”.
The specialists state that “it is impossible to think of authentic agreements that reflect the free will between the parties, which is why, on occasions, what has been called an individual agreement, does nothing more than cover up a business imperative”. “If the draft law is successful, we will be going back to a period prior to the emergence of the principles and regulations that make up the Labor lawon such a delicate and vital issue, both for the workers and their families, such as the right to rest and enjoy free time”, concludes the statement.
In this regard, the member of the coordinating team of the Uruguayan Association of Labor Lawyers and a professor at the Faculty of Law, Gabriela Giuzio, said to scope.com that “with this rule we are facing a decline in guarantees, because this division had a reassurance that it had really been negotiated by collective agreement through a union organization. This happens to be able to be negotiated individually, and when I say negotiated, I would put a few quotes around it, because this negotiation is not equal at all”.
“On the other hand, we have article 53 of the Constitution that precisely put the work and the worker under the special protection of the law and this type of norm does not take it into account, rather it violates this principle by putting the employer and worker on an equal footing”, affirmed the representative of the labor lawyers.
“Definitely, This is one more step in making labor law more flexibleGiuzio concluded.
Source: Ambito
