The text of the Law Bases It already has approval in the Senate, but, as it undergoes modifications, it must return to the Chamber of Deputies to ratify or rectify the project. All the indicators, taking into account that Deputies have already approved the basic law, is that it is Law, the issue is when.
In terms of labor relations, let’s take a walk through the changes that are coming.
Title V legislates what is called “Labor Modernization.” Title V has 6 chapters and the provisions on the labor market go from articles 82 to 98.
Below is a summary of the most important points:
The first chapter modifies aspects of Law 24013, which is the employment law, and provides speed and immediate dispatch to the labor registration of employees.
Make it clear that an employment relationship is registered with the early registration of AFIP. The employee will have, following regulation by the AFIP, a fast and expeditious electronic system where he or she will immediately report the lack of registration, that is, if it is not immediately blanked. This does not exist today, you have to turn to a lawyer and submit to a bureaucracy with a waste of money and time.
It simplifies the single labor registration system where it makes it clear that the employee’s affiliation to the health system, social security, family allowances and a record of the employees who are beneficiaries of the unemployment fund must be recorded.
The second chapter modifies some articles of the employment contract law 20744.
It ends with intermediation and the battery of lawsuits in that regard, when an employer hires an employee for a certain job using a temporary services company and ends up taking the lawsuit when it is not the one who registered the employment relationship. When there is a company that outsources its services, the company that provides the labor is responsible. Whoever registers, responds. The user company, who benefits from the work, will be jointly responsible for the labor and social security obligations only of the employees that were provided to them, exclusive of those during the effective time of enjoyment. Example. Company registers employee 01/01/2015. Place the employee in a company from 05/05/2016 to 05/05/2018, the user would be liable only for this last period, not since she registered with the eventual company.
The trial period is changed from 3 months to 6 months. The addition is that unions will be able to extend the 6 months to 8 or 12 months if the employer has 5 employees or if it has 6 to 100, respectively. This option is with the endorsement of the respective union.
With respect to rest time, the pregnant person is prohibited from working during the forty-five (45) days before giving birth and until forty-five (45) days after giving birth. However, it opens the possibility that the interested party may choose to reduce the leave prior to giving birth. In such case it may not be less than ten (10) days and the rest of the total leave period will be accumulated to the rest period after childbirth.
In the case of a pre-term birth, the entire period of leave that was not taken before the birth will be added to the subsequent rest period, in order to complete the ninety (90) days.
The new article guarantees the employment of the pregnant person throughout the entire pregnancy process
It will also be an obligation for the worker or pregnant person to reliably communicate her pregnancy to the employer. The communication must be accompanied by the presentation of a medical certificate stating the presumed date of delivery, or require verification by the employer.
Finally, the dismissal motivated by a discriminatory act that was not in the employment contract law is added. Anyone who is fired for discrimination based on race, religion, nationality, ideology, etc., must prove the same. The proof is your responsibility.
The third chapter, perhaps the most controversial, incorporates the severance fund, the same as construction, but without modifying or changing the dismissal compensation of article 245. It only adds the severance fund OPTIONALLY, remaining in the hands of the workers. unions its application.
The fourth chapter creates the figure of independent employees with collaborators. Job updating requires this figure to avoid unnecessary and armed trials. From now on, a monotributista or a self-employed person who carries out a certain job can carry out a business with up to 5 monotributistas or self-employed workers without falling into a dependency relationship since they are all independent and not dependent.
The fifth chapter modifies what refers to the regime of agricultural workers of Law 26,727, giving the labor provision a permanent and continuous nature and creating a job bank run by the union associations typical of the activity.
Finally, chapter six makes derogations from the commercial traveler regime, where it changes because it continues to be legislated by complementary laws such as the civil and commercial code of the nation and repeals the tedious fines of the employment law and law 25,323 that The only thing they achieve is to fatten the industry of judgment and the conflict of the two unique and fundamental parties of every labor relationship, the workers, being themselves, employees and employers, both workers with a single objective, to produce.
Lawyer Specialist in Labor Law. President of APREEA
Source: Ambito
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