The Law Bases was approved at the end of June by the Chamber of Deputies. Regarding dismissals and compensation, the guiding principle of the law is the freedom of the parties: by mutual agreement, without imposition by any of the parties.
“Through collective bargaining agreement, the parties may replace compensation provided for in article 245 of law 20,744 by a severance fund or system in accordance with the parameters established by the national Executive Branch. Employers may choose hire a private system at your cost in order to resolve the compensation provided for in this article and/or the sum that is freely agreed between the parties in the event of separation by mutual agreement in accordance with article 241 of law 20,744″, details the legislative text.
In this way, unions and employers will be able to negotiate, within the framework of the collective agreementa system of work stoppage that replace the current compensation. Within the agreement, more than one separation system may be agreed upon.
In detail, the amount and payment methods may be linked, in the Termination Systemto different parameters of the employment relationship: age, type of contract or specific characteristics of the activity. On the other hand, the new legislation also allows modalities of mediation or conflict resolution to be agreed upon, in the event that disputes arise between the parties.
The system includes three formats: individual cancellation (direct payment from the employer to the worker as happens today), Individual or collective Termination Fund (cumulative monthly contributions, with percentage and amounts to be agreed upon in advance) and Individual or group insurance (with insurers authorized by the National Insurance Superintendency).
Thus, in this way, the Cessation System arrives to finally replace the traditional seniority compensation provided for in article 245 of the Employment Contract Law.
The law allows it to be established that, at the beginning of a new employment relationship, both the employer and the worker must agree whether they wish to register in the Labor Termination System provided for in the collective agreement or, on the other hand, whether they choose to maintain the traditional compensation system. of the Employment Contract Law.
Labor Reform: more changes in labor relations
The Labor Reform regulated on Thursday not only presents changes in the compensation system. Beyond this area, the legislative text dictated modifications in hiring, layoffs, labor licenses and money laundering.
Promotion of registered employment
Within the labor chapter there are articles 76 and 81, under the title “Promotion of registered employment”, in which a “bleach” of workers, in which the employer will have the benefit of the extinction of the criminal action, the forgiveness of infractions and sanctions, the deregistration of the Registry of Labor Sanctions (REPSAL) and the forgiveness of debts for capital and interest. In the case of the employees, whatever their seniority and salary, “You can only have up to 5 years of contributions credited calculated on the amount of the minimum, vital and mobile salary, for the purposes of recognition for retirement”.
In this way, the Government’s objective is:
- Promote registered employment through “laundering” to regularize unregistered or poorly registered labor relations whose relationship began before the enactment of the law.
- Reduce the high level of informality of our labor market.
- Offer predictability and certainty in labor relations.
Among the main scope and benefits of the measure are:
- Employers who belong to the private sector.
- The condonation does not cover the labor relations included in the Law on the Special Regime of Employment Contracts for Personnel in Private Homes.
- Condonation of at least 70% of the debt for capital and interest of employer contributions and contributions. In the case of micro, small businesses and non-profit organizations, it reaches 90%; and 80% in the medium ones.
- When the debt is with the Regime National Health Insurance System and the contributions allocated to the Occupational Risk Regime, the remission is 100%.
Probation
On the other hand, the Labor Reform of the Base Law also modifies the conditions of the probation. In its articles 89 and 95, the text details that this period can be extend to 6 months.
Furthermore, by collective agreement, this period may also be extended until 8 months in companies with between 6 and 100 workers and up to 1 year in smaller companies (up to 5 workers). During that time, the employer may make the decision to terminate an employee without cause, without the obligation to pay seniority compensation.
About the labor simplification, To reduce the bureaucratic process and promote formality, the regulations establish that “the employment contract will be considered registered when it has been registered the worker in the AFIP systems; regardless of who registers it“, whether the user company or employer. On the other hand, it is also stated that registration in AFIP will fulfill the requirement of the special book provided for in article 52 of Law No. 20,744.
Independent worker with three collaborators
The Base Law also provides a new special regime for independent employees. In this way, this group will not be able to have more than 3 collaborating workers simultaneously.
Furthermore, they must give sworn statement before the AFIP regarding the independent nature of the relationship. They are not limited to any particular sector nor are limits established on the amounts. Nor may the possibility of the worker-collaborator do other activities simultaneously.
Work simplification
This aspect of the chapter of the Base Law provides:
- Seeks encourage formality.
- An employment contract will be considered registered with the single registration in the AFIP systems.
Presumption of service contracts
According to the law, it is not presumed that there is an employment contract if it involves hiring of professional works or services or trades through the invoice issuance or payment through banking systems. At this point, the legislation details that the number of invoices or receipts issued and/or the number of clients being invoiced does not matter.
Source: Ambito
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