But, when it suits them, the unions sit down to negotiate and reach an agreement, or rather, when it suits them, they apply the autonomy of the will of the parties and deviate from the laws and regulations that regulate labor relations.
What is the autonomy of the will of the parties?
The autonomy of the private will is the faculty of individuals to govern and order their own behavior by means of their own rules without depending on anyone or being forced to do so by any external impulse.
Labor law, which regulates worker-employer relations, reserves a margin for the development of the autonomy of the will, the freedom to hire, that is, the free choice of people between hiring and not doing so, freedom to decide the content of labor relations, the freedom to fire or negotiate without the State getting involved. Although this contingency is controversial, the approach here is that when it suits them, they use it.
The recognition, by the labor market, of the autonomy of the will, is and must function as an axiom of labor law.
Going back to the precursor agreement between the plastics union and the business chamber of the industry, they recognize in the spirit of the agreement that Decree 841/2022 discounts the bonus given by the State (here is deception), but then by virtue of autonomy of will and social peace, both signatories decide not to absorb the bond and pay it.
This agreement walks in the corridors of the Ministry of Labor for its prompt approval and to be a model for other industries realizing that when they want, they run the law and sit down to negotiate.
The moral of this agreement becomes that, the work of the future, modernization and the speed in which the reality in terms of work and employment surrounds the world and developed countries, makes this Argentine labor legislation is a rubble in the growth of production and work.
For this reason, what will happen in the labor market and in labor relations still has a large component of uncertainty due to the advancement of technology, globalization, the use of new digital formats and, of course, the negligence and inefficiency of those who manage the public politics.
My years of experience in the labor market field and my tireless search to eliminate conflict and seek to balance the relationship between workers and employers, led me to have enormous knowledge and experience in the field of labor law and SMEs.
The autonomy of the will of the parties, from the beginning, development and severance of any labor relationship is essential for the beginning of the establishment of the conflict and the feeding of a few who are only interested in ending effective employment and modernization policies for the future. from work.
The conflict causes malnutrition to work and genuine employment. The lawsuit generates a disadvantage for those who day by day want to undertake and be part of a productive process where constant training is the axis of productive development. Adapting labor laws in an equitable and linear manner is a pending debt that those of us who specialize in work and employment must settle for the benefit, not of the worker and the employer, but for the exclusive benefit of Quality Work and Employment.
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