The Labor chapter of the Base Law, to which the Chamber of Deputies gave half a sanction this Tuesday, is incorrectly called Labor Reform because it is far from the true change that the 21st century labor market is crying out for. The following are the most important topics of what was approved:
Trial period
The trial period goes from 3 to 6 months as a general principle. It is article 92 bis LCT. In short, an employee is hired and is on probation for 6 months. You can be fired and are paid for the days worked, plus the bonus and proportional vacations. No compensation.
A point is added which is that unions may take it to 8 months in employers of 6 to 100 employees and take it to one year in cases of 1 to 5 workers. This is the exception to the general 6 month principle.
Termination fund
Nothing changes, it is added as optional, the dismissal compensation of article 245 LCT continues (one salary per year or minimum fraction of 6 months).
What it does in this regard is add a severance fund like the UOCRA has, but as an option for the unions, which means that the unions have the ball. In fact, commerce, CCT 130/75, already has it and never applied it. It is the Retirement fund of the AL Estrella company.
Dismissal due to discrimination
In the event of a dismissal that the employee alleges was due to discrimination based on race, sex, gender, religion, etc., in the event of a final ruling, the compensation is increased by 50%. The burden of proving the dismissal is on the employee.
Independent worker with collaborators
The independent worker may count on up to five (5) other independent workers (monotributistas) to carry out a productive venture and may benefit from a special unified regime that will be regulated by the PEN for this purpose.
It is prohibited to fragment or divide establishments to obtain benefits in fraud of the law.
The employment law 24,013. Fines
Employers may regularize current labor relations that began prior to the enactment of this law. Registration may be with unregistered or poorly registered employees.
The employee will have no more bureaucracy than sending a work telegram or going to legal assistance to report and send his claim by Argentine mail. He will have at his disposal a quick and effective application to report black labor, in whole or in part.
Articles 75 and 76 of the base law refer to the elimination of the fines of law 24013 and the benefits for registering black employees. Fines for lack of registration would be eliminated by making the employment relationship effective within 90 days of this law coming into effect.
The included workers will have the right to compute up to sixty (60) months of services with contributions or the smallest number of months for which they are regularized, calculated on the basis of a vital and mobile minimum wage, currently at $202,800, although it will be updated shortly.
Pregnant staff
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. However, the interested person may choose to have the leave prior to childbirth reduced, which in such case may not be less than ten (10) days; The remainder of the total leave period will be accumulated to the rest period after childbirth.
Argentina immediately needs to enter the labor market of the future. Technology and modernization from the point of view of work and employment have reached a point throughout the world, and our country is not seeing it. These types of “reforms” are tickles that are not going to generate any change in labor relations and much less in genuine quality private employment, which has stagnated at 6 million 20 years ago and the only thing that is growing is black employment that It is reaching 10 million.
The specialist in labor and public employment policies
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.
