He arbitration in labor dispute It provides certainty in real time, in three days (or less) from the appointment of the arbitrator, who can approve an agreement in his award, which becomes res judicata.
It is not a story. It is verifiable data, since it arises from the record that, as a private judge (or arbitrator), I have kept since 2009 and the statistics include cases derived from the SECLO and also those who come directly and the latter are growing more.
During the fair neither the SECLO nor the Labor Courts attend, so the actual resolution of the conflicts cannot be processed.
The notaries can make extinctions by common agreement of employment contractsbut they only give a certain date to the event, but leave open, before the SECLO or the Ministry of Labor and the public courts, the possibility of claiming compensation, which can only be determined in administrative or judicial proceedings. And in January only arbitration remains, to provide legal certainty.
And after the fair ends we are going to find ourselves again with the uncertainty that the judicial rulings gave us because the Chambers of the National Chamber of Labor Appeals had different criteria regarding the updating of the sentences and now, before going before the Supreme Court of Justice of the Nationthey must go to Superior Court of Justice of CABAwhose criteria are not yet known, but it will take a while.
It is possible that, legally, this jurisdictional transfer will be questioned, since there has been criticism about it and then, it will take longer for the workers to collect their compensation, for the employers to have the conflict over, and for the lawyers and experts to receive their fees.
The Supreme Court, which has disputed the rulings already handed down by the Chambers, will return those cases to the STJ or will focus on resolving them, although it has already ruled on the interest rate, but the uncertainty will continue.
In Congress they are discussing an indexing formula and its interest rate. When they approve this law, the President can veto it or each lawyer can raise the unconstitutionality.
Days ago the position of the Ministry of Justice and Human Rights of bringing the dismissals or separations of those who have to do with the State, to the jurisdiction of the Federal Administrative Litigation and the legally sustainable proposals, whether due to competition or unconstitutionality, will result in delayed justice, which It is not a proper administration of Justice..
For its part, DNU 70/2023, questioned by all judicial, union and professional sectors related to 14 bis, nor the SECLO, applies the update of labor credits owed by SMEs, which provides certainty and does not allow mutual extinction. agreement.
Meanwhile, in January and starting in February, as was the case until December, arbitration provides certainty in real time, in three days (or less) from the moment the arbitrator is appointed, who can approve an agreement in his award, which makes res judicata It is not a story, it is verifiable data.
Arbitrator and Labor Conciliator.
Source: Ambito
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