The chapter of the Bases Law that has half a sanction in deputies and that is debated in the Senate, is far from a labor reform or a modernization of labor law.
Argentina is in need of a true reform of the Argentine labor system, of its few 14 labor laws and of course, review and modify law 14250 and 23551, the two laws that encompass Argentine trade union rights.
What is necessary and ideal is a single regulatory body (a labor code) where we have all labor and union laws unified in a single regulatory body (as if they have civil and commercial laws in the civil and commercial code of the Nation) this It will give the labor market normative force and bring together in a single text the bases of the legal system on labor and union matters.
In terms of reform, modernization and updating to the fourth industrial revolution, the technological era, AI and why not, robotics, Argentina urgently demands to update the labor market where 3 factors are the core keys to the work of the future.
Public employment policies. In Argentina there is plenty of work, there is a lot of work, what we do not have is genuine employment. Let’s remember the difference between work and employment. While the first is the physical or intellectual activity that people carry out for a specific purpose or certain activity and this may or may not be paid. Employment is in itself the occupation of an activity in favor of another person, always with the purpose of being remunerated. In Argentina, private employment (people with blank pay slips) has not grown for 22 years. We have 6 million white dependents. Number that does not move, not because of the issue of compensation or the trial industry. Employers in Argentina are panicking about labor costs. The labor cost is what a dependent gets in terms of social charges. I always comment that my clients (food, pizza, graphics, plastics) ask me to sign up a new employee, they only ask: How much will it cost me at the end of the month?
Reform and, in turn, unify labor laws into a single regulatory body. The labor laws in Argentina are no more than 14 laws, all of which are old and outdated, located in a different era in Argentina and the world. Unifying labor laws will not only give the market efficiency and legislative dynamism, but the most important thing is to have them at the forefront of the technological and AI era. For example. Modify the labor presumption of art 23 of the LCT for the autonomy of the will when contracting, at the time of developing the relationship and of course, autonomy of the will when ending the dependency relationship. End the union unity and move, like the rest of the world, to a union democracy where the employee is allowed to contribute where he pleases and is not forced to retain a certain% of his gross salary; keep the severance payment, but have another compensation alternative at the discretion of the parties (employer-employee)
Have an effective trial period but extendable at the will and consensus of the parties. Regulate the teleworking law and create a remote work law, depending on the activity and circumstances of the employment. Regarding sanctions for employers who do not register their dependents or do so partially regarding their salary and do not respect their actual date of entry. The creation of an effective, expeditious and practical mechanism that serves as a tool for the employee to immediately report the irregularity suffered without falling into the bureaucracy of going to a lawyer/union (where always a third leg is a crowd) send a telegram, force the employment relationship and wait years for a judge to issue a sentence.
3- A profound modification of laws 24,714 of the family allowances regime; Law 19032, where PAMI is created, and Employment Law 24013. In Argentina, and few of us know this situation which is the core for there to be employment, these 3 laws force the employer to pay month by month to the Anses, the PAMI and the National Employment Fund, only in these 3 institutes 7.2% of each employee from his gross salary, for years I have asked myself why the private sector finances these organizations? In no country in the world are they financed by the private sector. Employers must have their social charges, which are the contributions that the employee withholds from 17% (11 to retirement, 3 to PAMI and 3 to social work) and the employer’s contributions to retirement, social work and ART with your life insurance. By eliminating the articles that force the financing of these institutes, employment will grow again and the 10 million registered employees will be whitewashed.
Source: Ambito
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