Traditionally, one waits for a government to implement its ideas before opposing it, as a sign of respect and openness to different perspectives. But Javier Milei prevents us from following this custom for an unavoidable reason: we are not facing “different” ideas or an alleged modernization of the labor regime, but rather old ideas that can leave millions of workers in extreme vulnerability and poverty, without reason or perspective. of improvement. It does not benefit SMEs, nor employment, nor those looking for work.
I am going to specifically refer to the world of work that, according to the president’s DNU, would end as we know it: it practically eliminates all rights, including the most basic and fundamental ones. With this, I clarify, I am not making a Twitter opinion, but rather a very simple analysis of the articles that the decree repeals, from my career as a labor lawyer and former legal advisor to companies. What’s more, also as a former legislator for JxC.
Before fraud, today law
I’ll start with something simple: when it says that Article 23 of Law 20744 (to 1976) is replaced, the presumption of the existence of an employment contract is eliminated when the relationship involves “contracting of works or professional services or trades and receipts are issued.” or invoices corresponding to said forms of contracting…”. This implies that the monotributo becomes the main registry, despite the fact that the “independent professional” provides services on a regular basis, with compliance with schedules and subject to orders and instructions.
Companies will not, then, have the need to hire employees in a dependency relationship, being able to opt for this “new” way in which they have no obligation to pay SAC or grant vacations or licenses; and where they will be able to pay the salaries they want and dispense with the services of the workers without having to pay any compensation.
Furthermore, employers who choose to hire workers informally (“in the black”) will not face consequences, since the DNU of “modernization of the labor regime” eliminates the fines provided for in current legislation. At the request of my colleagues: Arts. 8 to 17 of Law 24013 and Article 9 of Law 25013 and the repeal of Law 25323 and 25345.
Complying with the law and registering an employment relationship will be the same as not registering it, and the conditions remain in the hands of the good will of the employers. Do we trust?
And the salary?
I am going for another: the modification of article 29 of the Employment Contract Law. The outsourcing show is enabled, a way for us all to charge less.
Today companies must comply with the conditions of the collective agreement that corresponds to their activity. With the DNU, on the other hand, they will be able to hire personnel through temporary worker companies that apply other agreements. This allows them to hire people who, although they will have the same tasks as the workers in the activity, will not have the same working conditions.
I give an example: to expand its staff, a clinic could hire a company that provides nursing services at a lower cost. If tomorrow the clinic closes or dispenses with services, the responsibility of these workers would fall on the fraudulent intermediaries, who do not have the minimum guarantees of solvency to respond. Furthermore, there would be nurses who earn different salaries in the same workplace, violating the principle of “equal remuneration for equal work performed.”
Any unsuspecting reader could say, at this point, that this situation can occur today with current regulations, and this statement is true. However, with this “labor modernization” project, the current possibility of these workers going to court to resolve the irregularity disappears.
Added to this is that the right to strike is practically eliminated and almost all activities are now considered essential or transcendental services. Compensation can be paid in 12 comfortable installments after the judicial process that determines it.
The freedom to have rights
I could continue describing point by point, because there is much more. However, it seems that the seriousness of this measure is not understood by a majority sector of the population, which sees regulation as a takeaway of freedom, when what it does is defend it.
I want to delve very briefly into this. Labor law exists to try to compensate – although it does not always succeed – the negotiation conditions between an employer who wants to grow and an employee who is risking, with that job, the possibility of buying food, paying the rent, taking the children. children to the movies or to change their lives. The imbalance is very great and there are no comparable conditions in the capacity for negotiation, and many times we are exposed to accepting illegitimate conditions in order to live. For this reason, some rules are established and fraudulent actions that seek to hide precarious hiring are penalized.
Removing this minimum guarantee was not under discussion since (a long time ago) we began to build a consensus on the need to modernize the work system in Argentina, with an eye toward new needs, to relieve the private sector and to encourage job creation. What we were looking for was to accompany the socioeconomic changes in the world. At no time did we ask – nor would it have occurred to us – to convert the entire range of workers into “independent professionals” of the 21st century.
Validating the proposal of Javier Milei and his team means throwing millions of people to the wolves. We have the objective data of the disaster involved. Now, who sets the hook? Who is the senator who signs to “explode everything” and blow up the population so as not to be trolled on Twitter? It is an issue of substance, rather than form. Whether through DNU or a project in Congress, the “Omnibus Law” does not update the situation of workers or reestablish a society based on freedom.
Labor lawyer. JxC leader
Source: Ambito
David William is a talented author who has made a name for himself in the world of writing. He is a professional author who writes on a wide range of topics, from general interest to opinion news. David is currently working as a writer at 24 hours worlds where he brings his unique perspective and in-depth research to his articles, making them both informative and engaging.
