Eliminating fines for lack of labor registration favors the employee

The basic law that has half a sanction in deputies and is debated in the Senate, in its title V tells us about a labor modernization that has nothing to do with a labor reform and has nothing to do with generating employment. It is simply giving a mini makeover to the old and anti-productive labor laws.

Title V enshrines articles 82 to 98 of the basic law, but I am going to explain why the repeal of arts. 8 to 17 of Law 24,013 (fines for lack of total/partial registration or false registration date) favors employees and reduces litigation

It starts in Chapter I, which modifies Law 24,013. The first article, 82 of the basic law, modifies article 7 of law 24,013, giving practicality and clarity to registration without so much administrative bureaucracy. Many labor lawyers and economists who are meddlesome in matters that they are unaware of, claim that they favor the employer who will not have more fines for having people in black. This is not the case, those of us who are registering employees on a daily basis know how tedious it is to give an early AFIP Registration for an employee. The replacement of art 7 simply says “It will be understood that a person is registered, that is, blank, when they are registered in AFIP through Early Registration”. And he adds, for employers with up to 12 employees on the payroll, the AFIP will give them a technological mechanism to prepare their salary receipts. (I don’t see anything wrong with quickly registering an employee and having a system, like private homes have, that through AFIP prepares the salary receipt quickly and quickly and there are no gaps for accounting deception.

Then comes article 84 of the basic law that adds a Ter to article 7 of law 24013. And it simply says that the employee who is blacked out must have at his disposal an electronic, agile and practical system to report the person who blackmails him and that AFIP acts accordingly. In other words, this is fighting black labor. Employees who are in the black are being given a mechanism that, through a “button”, is used to report clandestinity at work without any loopholes or intermediaries.

How is it currently? If an employee is in the black, total or partial. This must go to a lawyer, write a labor telegram, send it by Argentine mail and wait 30 days for the employer to register and recognize it. Tell me! Who recognizes having people in black? Nobody, 16 years in the matter give me the authority to say that nobody recognizes, what’s more, the employee who was looking for a lawyer sent the telegram by Argentine mail demanding that it be regularized, in 99% of the cases HE LOSES THE SOURCE OF WORK judgment. Ergo, more litigation. Only when 2 or 3 years pass and the judge rules that there was illegal work, only then does the employee receive his compensation.

This is no more, now the employee who has it black, totally or partially, it is easy to have an agile and practical mechanism where he can report the slave employer without detours or waiting, or lawyers. Thus, this complaint will reach the control body, the AFIP, which will act accordingly.

Finally, we get into judicial matters. Article 85 of the basic law adds 7 Quater of law 24013. Given a final and agreed sentence, that is, the convicted employer has run out of appeal, the judge notifies AFIP for 10 business days so that it recognizes the employer. employee in his savanna d contributions the years that the judge recognized that he was in black. As for the employer convicted of having a black employee, the law establishes a less burdensome interest system and a payment plan for you to pay them.

Let us make it clear that salaries and employment are not going to go hand in hand with the basic law. We continue to have a problem of low salaries because no one dares to review the 3000 CCT of Argentina and its conventional basics; and regarding employment, without a reform that modifies the pressure suffered by the 350 thousand employers who provide employment throughout the country, at least 7 percentage points of Form 931 SUSS, employment will continue at 6 million as it was 22 years ago.

Likewise, they would not be seeing that the changes must occur incorporating the autonomy of the will of the parties when hiring, developing and completing an employment relationship without the involvement of the 3rd party (State-Unions-lawyers)

We are facing a mini set of legislative changes that give a little visibility and repair some inconsistencies of the last 20 years, but we are far away from a true labor reform that the country urgently needs.