In October alone, 11,851 new lawsuits were filed. Some employers claim that this threatens job creation.
Lawsuits for work risks skyrocketed again: in October they started 11,851 new demands14.3% more than the same month of the previous year. In these first 10 months an increase of 7.6% is recordedover 2023 that had already grown 25%. The situation is alarming: from January to October cases increased at 105,960 and it is estimated that in the remaining 2 months another 22 thousand will enter, closing 2024 with 128,000 new trials.
For the Union of Labor Risk Insurers (UART), This trend in the judiciary has become one of the burdens that stifles the generation of quality employment in the country. The ART today covers 10,148,061 people (white salaried workers) and 1.06 million employers. But That population of workers could double if the self-employed (registered and unregistered) and informal employees are considered.
Since 2017, Law 27,348 incorporated as an obligation the creation of Forensic Medical Corps (CMF) by Justice. Obligation that is still pending in all the participating provinces with the exception of Mendoza (which advanced with a first formation). In the case of CABA, since it does not have its own labor jurisdiction, said obligation falls on the Supreme Court of Justice of the Nation (CSJN). The implementation of this figure is key to deactivating this judicial “time bomb”.
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The numbers speak for themselves: Province of Buenos Aires, CABA and Santa Fe lead the ranking of provinces with the highest number of demands: 42,550, 19,206 and 13,968 cases in the year, respectively.
As a reference, by 2023 Argentina had 114.2 trials per 10,000 workers covered, while countries such as Spain and Chile register only 9.5 and 5.8.
How long will this problem continue, which directly impacts the economy and the country’s productivity?
From the UART, We once again request the Judicial Powers of the provinces adhered to the Law, to comply and establish the Forensic Medical Corpsto lower judgments to reasonable levels and not stop the creation of quality employment.
We once again request the Judiciary to comply with the rule. The ordering of judicial expertise, will result in less judiciality and better jobs. With the Forensic Medical Corps professionalizes and objectifies the assessment of damageat the same time The criteria are unified among the administrative body of the Medical Commissions (recently validated with a new unanimous CSJN ruling) and the judicial instance. It is a key tool of equity for the worker and for the functioning of an insurance system, synonymous with immediacy and comprehensiveness of coverage.
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This expert figure in justice, provided for in the Law, It would also end cost overruns by eliminating the collection of fees tied to the amount of the sentencesince the professionals would be paid by salary or medical act. And in this way a perverse incentive would be dismantled: the greater the expertise, the greater the fee.
Almost 8 years after the enactment of Law 27348, this generalized delay in the creation of the Forensic Medical Corps is inexplicable. Especially in this context where the creation of formal employment is one of the great challenges facing our economy.
Estimates of trials for the current year anticipate returning to values close to the 130 thousand of 2017the year in which the reform precisely designed to put an end to this burdensome scourge was approved with broad support from all sectors.
Source: Ambito
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