Title V: chapter one is already introduced in labor modernization
The employment relationship will be valid from your early discharge from AFIP, this being a transparent, simple, immediate and expeditious mechanism. Law 24013, which currently requires the employee to hire a lawyer and initiate a telegraphic exchange to fight his lack of registration, would be repealed by a quick and effective mechanism that the AFIP would make available to the employee to immediately state said situation. without so much legal and technical bureaucracy.
Regarding law 20,744, employment contract law, all labor outsourcing intermediation, employees will be direct dependents of whoever discharges them early, whoever registers them, without solidarity with whoever provides services.
A key point is art 92 bis LCT, trial period. The trial period begins with the dependency relationship and will be for 6 months. Unlike currently it is 90 days.
Now, it is added that the CCT may extend the 6 months and take it to 8 months in employers with 6 to 100 employees and take it from 6 to 12 months if the employer has up to 5 employees. This is clear, only if the CCT of the activity allows it, the general principle being 6 months.
Among the modifications in the Employment Contract Law, article 90 of the Bases bill produces changes to the maternity leaves. The days remain the same (90), but with the modifications that “the work of female personnel or pregnant women is prohibited during the forty-five (45) days prior to childbirth and until forty-five (45) days after delivery.” “.
And it is established that the pregnant person can “choose to have the leave prior to childbirth reduced, which in such case may not be less than ten (10) days; the rest of the total leave period will be accumulated to the subsequent rest period.” to childbirth”. It is worth clarifying that in the previous rule, the start of the leave was established 30 days before the date of delivery. At the same time, it details that “in the case of preterm birth, the entire period of leave that was not taken before the birth will be accumulated to the subsequent rest period, in order to complete the ninety days.”
Maternity leave may begin up to 10 days before the date of delivery. And it highlights that in this way “every woman or pregnant person during pregnancy is guaranteed the right to stability in employment, which will have the character of an acquired right from the moment in which she makes the notification referred to.” the previous paragraph”. This eliminates the “Dismissal due to pregnancy”, which is detailed in the previous rule, as well as the paragraph that mentions the right to receive “double compensation” in the event of dismissals during this leave.
The most controversial: severance pay
First it incorporates art 245 bis LCT where it aggravates the dismissal due to discrimination by religion, nationality, politics, union, sex, gender, economic position, etc. – but in this case the proof is the responsibility of the person who invokes the cause. In the event that the cause is proven and the judge gives a sentence, the equivalent to an increase of 50% of the compensation established by art 245 LCT is aggravated.
Then, Art 92 of the bill says that, through a collective bargaining agreement, the parties may replace the compensation of art 245 LCT. for a severance fund. Let us make it clear that severance pay is not eliminated, but rather that unions will be able to with agreement with the employer and employee, change it to the severance fund.
ACchapter IV: de independent workers with collaborators
This natural person may have up to 5 independent persons, with the same tax status mentioned, so that he or she can carry out any productive undertaking and be registered in a unified regime that will be regulated by the AFIP. It will no longer be the employer who imposes working conditions, but rather it will be the fruit of a mutual agreement. What we call “autonomy of freedom to hire and set work modalities”.
We begin to see the employment relationship with the awareness that “giving employment” is no longer a favor, but a mutual agreement between two productive people where they openly accredit their needs, expectations and desires in order to come together. Three dimensions are being established and formed: dependence, independence and interdependence.
Dependency, we already know it, and it is people dependent on others to get what they want. Independent people obtain what they set out to do or what they want through their own effort and merit, without depending on anyone.
Now, interdependent people, and even Argentina does not dare to take this step, are people who combine their own efforts, abilities and merits with those of others to achieve higher goals, purposes and objectives. Understanding and being understood is the perfect synergy for this third dimension that Argentine idiosyncrasy does not yet allow.
This article refers to interdependence, having an independent person who applies his skills, effort and merit with collaborators who also apply the same to obtain, all together, a common purpose, to produce, develop freely and exercise commerce, economy and thus understand each other and be understood by everyone without the need for dependency.
There is no doubt that the labor market and labor laws in Argentina require an update and a dynamic that the 4th industrial revolution demands to adapt labor relations to the 21st century and a new era.
Specialist in Labor Law and public employment policies
Source: Ambito
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