In that first instance, the Justice determined that “EM” was responsible for $1,522,099 compensationabout $700,000 less than what he asked for at that time, which was around $2.2 million. But the case continued and in the House he obtained a ruling in favor that updated the amount for inflation: now they are $29,131,309.
If the amount of unpaid interest is taken into account, which usually applies a rate of between 6% and 12% annuallythe final amount that the Court could calculate is $42,407,603. “Forty-two, the number of industrialicide”stated the defendant.
The SME in the eye of the storm is an exporter of complex parts, manufactured nationally, with clients in several South American countries, and more than 100 employees currently. It has an industrial plant with advanced technology in the northern area of the Buenos Aires suburbs and stands out behind other SMEs for the differential treatment with its “collaborators”as they now tell employees.
According to its general manager and coordinator, the company has innovative benefits that aim not only at well-being (first-line prepaid medicine, on-site nutritional dining room, economical pantry, physical activity classes, etc.) but also for personal development and growth, with tertiary and university incentives for those who study, training, collaboration to improve staff housing .
Furthermore, he highlighted the “commitment we have to the growth and development of boys and girls up to the age of 16, through the Sponsorship Program where we help more than 200 minors through different institutions.”
Fewer SMEs, less employment, less technology, fewer dollars
The owners of the SME ask for a blindfolded Justice, a sword in one hand and the scale in the other. “We suffer a labor justice that, without looking at who, proceeds in the same way, in a systematic and corporate manner, regardless of whether it is an irregular SME with informal employees and unpresentable businessmen, or an exemplary company that generates more and more employment, year on year. after year, and is a reference in the sector and the country”lamented the businessman.
In Argentina it is estimated that there are some 400,000 SMEswhich on average each has 10 employees, giving a total of 4 million employed people, from families with work. If only 20% of these small and medium-sized companies decide to close their doors, or are forced to do so due to labor lawsuits, The impact would escalate to 800,000 Argentines without jobs from one day to the next.
“What will become of our national industry if factories like ours begin to disappear?”the sub45 industrialist asked himself. “In addition to less employment, there will be less investment in advanced technology, fewer developmental policies, fewer goods for the production of different industrial and consumer resources, less help and contributions to the communities where we lend a hand, and fewer dollars for the country, because there will be more imports and the trade balance will be in deficit,” he listed.
Judicial industrial, the opinion of legal experts
Tomás Martínez Casaspartner of the Moreno Hueyo studio and specialist in corporate advice to national and foreign companies, assured that the labor litigation industry affects SMEs in two ways. “On the one hand, the entire universe of trials that are currently in process and the updating of the amounts claimed, with a Supreme Court that puts a brake on the way of updating the capital without defining a criterion. And on the other hand, the issue of future labor lawsuits that may occur, after the sanction of the Bases Law.”
According to the lawyer, in recent times the Court has been shaping the actions of the different Chambers of labor jurisdiction in the Federal Capital, which is where the largest number of trials are processed. “It has put a brake on them,” he assured. However, he also considered thate “it would be good for the Court to now somehow establish a criterion, and for that criterion to be the one adopted by the lower courts. And they haven’t done that yet,” he warned.
The lawyer recalled that the Court has already said that the updating act that the Labor Chamber applied last year was “disproportionate”, because it generated very high amounts, above the inflation that was recorded during the period that was claimed. Furthermore, he stressed, the Court has said that applying 6% rates was also excessive. “It would be good for the Court to establish the index under which the sentences should be updated and have rulings that are a little more reasonable, and not like the ones we have found in recent times,” highlighted the lawyer, with extensive expertise in M&A operations and corporate conflicts.
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On the other hand, Martínez Casas placed emphasis on future trials. “The Bases Law established a basis – excuse the redundancy – regarding what can happen with labor compensation. There is the possibility of establishing some type of insurance or some unemployment fund, which allows the employer not to have to make a very large expenditure when laying off personnel,” he commented, and stressed that this fund must be approved by unions to enter. in force, a situation that is still under discussion with the unions.
But for the expert, the trial industry will not end there. “That is a good precedent, although there must be a more comprehensive labor reform”he added. “The Bases Law has made an attempt to begin to mark certain changes, but I think there is still a long way to go,” he emphasized.
Another lawyer with many years of experience in these cases is Francisco Berdaguerdefender of the sector of SME entrepreneurs of service stations and their chambers. According to this specialist, the “labor trial industry” has grown in recent years because the amount of the claim increases substantially due to the application of the Employment Law fines.
“With the inflation of recent years, the labor courts began to implement very high interest calculations and formulas. A lawsuit where $400,000 was claimed, happened to increase with fines and interest in three years to 10 to 15 times the nominal amount. In other words, to the issue of fines, the interest update guidelines were added,” sThe head of the Berdaguer-Rojo Vivot-Silvero-Canziani&Uriburu study was held.
Berdaguer added that SMEs are notified of the rulings in “lean times” due to the structural recession, which creates a “cocktail” that ends up being explosive. “In other words, a judge tells an SME that it has to pay a fortune in pesos at a time when it is in crisis,” he reflected. “Without a doubt it melts it, or it turns the balance upside down,” he added.
And as if that were not enough, the lawyer indicated that this economic damage that SMEs have is accompanied by another negative factor, which is uncertainty. “It is difficult to plan when there are no uniform criteria for updating sentence amounts. Currently, the labor jurisdiction does not have uniform criteria for updating sentences. “There is anarchy in the labor chambers,” he warned.
Like Martínez Casas, Berdaguer is enthusiastic about the Government’s latest initiatives to stop the trial industry, but with moderate expectations. “It is to be hoped that the new regulations will stimulate the growth of registered employment, to gradually reduce the contingency they have today. And it is also to be expected that if inflation drops, the courts will once again agree on interest rates that are reasonable and proportionate.”he concluded.
Those who wait for a reasonable and proportionate decision They are manufacturers of industrial valves in the Buenos Aires suburbs.
Source: Ambito
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