Hand in hand with the president of the UCR Senate block, they promoted a labor reform very distant from Chapter IV of DNU 70/2023 that sleeps in the seat of the Supreme Court of Justice. This labor reform modifies only two labor market laws (20,744 and 24,013) and repeals article 1 of law 25,323.
We first analyze the employment contract law. Regarding the employment contract law (20,744), it modifies arts. 80, 124, 276, 92Bis and article 245.
Article 80 of the LCT will undergo modifications regarding the delivery of the ANSES service certificate. The tendentious certificate of services from ANSES, where the work schedule of the dependents is, would no longer be necessary on paper with a certified signature from a bank; This would be available to the dependent by some electronic means. That is, the employer continues to prepare it from the AFIP portal, but once it is confirmed, it is not printed or certified, but rather the collecting agency would make it available to the appropriate party virtually. It would no longer be necessary to notify in a reliable manner of its availability. It would be done virtually.
A very convenient modality would be added to article 124. Currently, the 6 million private dependents receive their salaries by bank transfer through one of the entities authorized by the BCRA. Official banks. With the reform, virtual wallets would come into play, and the salary could be deposited in its entirety in any of them at the request of the clerk. It is very common, increasingly, that when the salary is collected, it is transferred in full to an electronic wallet to obtain income from it. With this modification, the salary would go directly to said platform.
The labor rulings, of article 276 of the LCT, which are currently in a great debate and where the CSJN a few days ago, the highest court revoked a ruling of the Labor Justice that provided for the annual capitalization of interest.
In cars: “Factual appeal deduced by the defendant in the Oliva, Fabio Omar v. COMA SA case against dismissal”the judges Rosatti, Rosenkrantz, Maqueda and Lorenzetti, of the CSJN, unanimously annulled the ruling handed down by Chamber IX of the National Chamber of Labor Appeals (CNAT) with regard to the calculation of interest through the mechanism provided for in Minute 2764, ordering the issuance of a new sentence. With the modification of this project, the interest provided by the CPI plus 3% per year would be modified and would begin to apply. (for each year of trial time until sentencing). Although the Court has already annulled this type of interest, the project reinforces said disproportionality.
The trial period, enshrined in the famous art 92 bis of the LCT, and which DNU 70/2023 Cap IV, was 8 months, and is currently 3 months, this reform of the UCR aims to set the trial period. 6 month test. The requirements and premises of article 92 bis are not modified and the notice remains as it is, 15 days.
Lastly, and perhaps most controversial. They modify article 245 LCT, compensation for dismissal. They replace it with the construction severance fund, but with a minimum base of one month’s salary each year. Likewise, it incorporates art 245 Bis where it gives birth to the severance fund, which will be administered by ANSES and will be mandatory from the beginning of the employment relationship, with the 1st year being 12% and the second and others being 8%. for each dependent of the gross salary. Finally, it prohibits the CCTs from modifying said contributions.
In what has to do with the employment lawthe famous fine law law 24,013, repeals article 15 of said law where it doubles the compensation items in situations of black employment, partial registration or false date of start of the employment relationship confirmed by a final judicial ruling.
At the same time, it repeals article 1 of law 25,323 and modifies arts. 8,9,10,11 and art. 16.
In this sense, articles 8,9,10 currently say that, in the event of a lack of registration, total or partial, or a false date of entry, 25% is applied for each month that is not fulfilled. With the reform that we are analyzing, this contribution is reduced to one month of remuneration for each year that the due registration is not complied with (being in black), half a month of salary per year in case of partial registration; and 8% for each month of the months that was not registered until the discharge date.
Regarding the application of fines, currently they are received, in cash, by the clerk with a final sentence. With this reform, the only destination will be the employee’s work history in the AFIP and they will no longer be received in cash.
There is no doubt that the labor market and labor laws in Argentina require an update and a dynamic that the 4th industrial revolution requires to adapt labor relations to the 21st century and a new era.
Source: Ambito
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