This point has to do with the famous acquired rights. Nowadays and in the reality of day-to-day life, it happens that many employees with vast seniority embrace rights as if it were the holy grail and even on some occasions, they clash with other rights and work obligations.
These “acquired rights” have brought and bring a battery of labor claims, in some cases, meaningless. This point, the official project aims to ensure the autonomy of the will of the parties (employer-dependent), and that, through an approved agreement, these parties can modify essential conditions of the beginning, development and completion of their employment relationship.
All developed countries with high levels of production have this modality. They understand how it works and what the objective of labor law or the labor market is, they understand that the labor market depends only on two people, two parties, one is the one who decided to invest, risk, take a chance and put the factors of production to produce something. and employ other people to achieve their goal (employer); and the other person is precisely the one who does not want to risk and prefers to be subject to a schedule, accept directives and put his physical strength or his intellectual strength at the service of the other subject for a certain time in exchange for money at the end of each month ( dependent).
Modification of article 66 LCT (modifications of working conditions)
This point is highly controversial in Argentine labor doctrine and it proposes eliminating the possibility of employees requesting the reestablishment of the same conditions that were altered through a summary process within the company in the event of any insubordination.
In Creole, the dependent will not be able to request through judicial means the reinstatement to his job, he can only consider himself injured by a certain attitude of his employer and take action for the collection of the assessed compensation, but he will not be able to return to his job under the conditions that had.
This point is difficult to approve because it would violate the freedom to petition the judicial authorities, a constitutional right. The use of Ius variandi, the employer’s power to alter the employment relationship with his dependents, must be justified, rational and always with a view to the continuity of the job and contractual good faith.
Modification of article 67 LCT. (notification of disciplinary powers)
Under Law 20,744, employers enjoy the power to organize their company, direct it and, of course, disciplinary sanctions in the event of insubordination or misconduct on the part of their dependents. It has happened to me over the course of 15 years and it continues to happen that, in order not to lead to a suspension, in the face of a lack of respect, repeated unjustified absences, poor performance, insubordination, among other offenses on the part of the employees, I have advised that a warning is applied. The famous wake-up call or slap on the ear. The employer summons the employee privately, tells him about the offense he committed and asks him to stop his attitude to avoid incurring more severe sanctions such as suspensions without pay. This slap on the wrist is done in writing and in many cases, the employee does not want to sign it and the employer must go to the mail to send a document letter. This is tedious, expensive and a waste of time, when this point is very important to be approved because in these cases, the disciplinary authority of the employers does not need to be reliably notified by document letter, they can choose some faster and more efficient means. effective and/or electronic so that the other party is notified of the sanction and/or warning.
Modification of article 103 Bis LCT (social benefits, the “Food Tickets”)
This modification proposes or reinstates, among other social benefits (non-remunerative), “vouchers” intended for lunch or dinner. Proposes the return of lunch tickets.
This relieves employers of the heavy tax labor burden and makes it possible to compensate for the loss of wages that the union salary scales cannot do, with social benefits granted by companies to their dependents without falling into high labor costs.
Modification of article 124 LCT (Salary payment for finTech companies)
A very convenient modality would be added to article 124. Currently, the 6 million private dependents receive their salaries by bank transfer through one of the entities authorized by the BCRA. Official banks. With the reform, virtual wallets would come into play, and the salary could be deposited in its entirety in any of them at the request of the clerk. It is very common, increasingly, that when the salary is collected, it is transferred in full to an electronic wallet to obtain income from it. With this modification, the salary would go directly to said platform.
Modification of article 139 LCT (Electronic salary receipts)
Something is incorporated that is currently in common or de facto use, which are the electronic payment receiptswhich may be kept by the employer in digital format, having the same validity as the paper format, which is common practice in companies today.
The global labor market is undergoing a profound transformation driven by technology and automation. According to the fifth edition of the “Future of Work” report, prepared by the World Economic Forum and the Fundação Dom Cabral (FDC), it is expected that between 2025 and 2030, 170 million new jobs will be created, mainly in technological and sustainable areas. .
In a world where technology is the driving force of change, investing in workforce training is key to building a more equitable future prepared to face the challenges of automation and digitalization.
Source: Ambito
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