The organization is without a signature to approve agreements.
The Mandatory Labor Conciliation Service (SECLO), an organization that depends mostly on the Ministry of Labor of the Nation, is without a director and therefore, without signature to approve the agreements made, approximately a month and a half ago (as of 05/09/24).
That is to say, thousands of workers from all over the country who went to said entity to put an end to their disputes (mostly terminations, although also claims for salary differences and illnesses/accidents in the cases of self-insured employers) They are in legal uncertainty because the agreements concluded lack homologation. The “homologation” is the approval of the entity, which gives sentencing force to the agreement.
The consequence of this is that Companies do not pay until the agreement is approvedthen there are people who signed an agreement a month and a half ago and cannot collect.
The damages are enormous, since in a context of high inflation, an agreement collected almost two months later will not have the same purchasing power as when it was entered into. This also affects: companies, since they run the risk of said workers prosecuting claims that they could not collect; to the lawyers of both parties because they do not get paid until the matter is concluded; and also to the conciliators who depend on the Ministry of Justice who receive their fees after approval.
We understand that the new authorities of the Ministry of Labor of the Nation are people well predisposed to dialogue and work, but apparently the appointments depend administratively on the signature of the Minister of Human Capital and finally of the Chief of Staff. This entire slow-moving bureaucratic framework has left extremely needy people unable to receive their basic food credits. All of this causes a dent in the social mood, in a context of a general strike (on 05/09/24) in repudiation of the government’s measures and the reforms proposed in the Basic Law on labor matters.
In addition to the consequences for the parties, this has serious consequences for society as a whole because in an economic analysis of the situation, which is the main key on which President Javier Milei and his team act, Legal uncertainty constitutes a disincentive that discourages productive investment.
Argentina has serious shortcomings in terms of dispute resolution, considering that the acephaly in the administrative field in this case in the SECLO (as in the Court of Private Houses that deserves a separate note) is repeated with equal severity in the National Labor Justice. and in the Provincial Labor Justice of the province of Buenos Aires where There are numerous vacancies that prevent the provision of an effective justice service in a timely manner that every market economy must have to function correctly.
For the market to function, as our President intends, It is necessary that dispute resolution systems punish those who fail to comply and reward those who comply in a timely manner. In this way, those who make investments when evaluating costs will be able to have greater predictability and, as a result, be able to provide better goods and services at the lowest possible price, benefiting society as a whole.
Lawyer – President of Abogados del Fuero – Professor of Labor Law at the Faculty of Law of the University of Buenos Aires.
Source: Ambito
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