Judicial setback for CAME: she was convicted of black labor

The Chamber VII of the National Chamber of Labor Appeals emphasized that “the lack of registration of the actor’s employment relationship was demonstrated, so it is appropriate to extend the sentence to the co-defendant Alfredo Desiderio González in the terms of the cited regulations and in his capacity as President of the defendant entity.

“Article 274 of LS, holds the directors of public limited companies responsible, and, by reference to article 157to the managers of limited liability companies. Within the framework of this rule, responsibility extends to all of the credits of each worker. The harmonious game of arts. 59 and 274 of the LS is very clear in that it contemplates the personal, joint and unlimited liability of administrators, representatives and directors who, through their conduct or omissions, regardless of their behavior in relation to the internal regulations of the corporate entity, violate current legislation,” the ruling states.

The setback happens while some business chambers demand transparency for funds managed by the entity and for the mandatory contribution that associates must pay monthly for “training” even if their employees never receive training, sources in the sector say.

This contribution has been made from 2008 to Argentine Institute of Professional and Technological Training for Commerce (INACAP), and it is for each commercial employee that they reach the 1,200,000 workers. The contribution involves 0.50% of the salary for the initial Maestranza “A” category (that is, it increases with each parity), so, taking that parameter, more than $60 billion a year would be collected, and much of it manages CAME.

Complaint of workplace harassment against its president of CAME

Justice seized an account of the Argentine Confederation of Medium Enterprises (CAME) and demanded that the Central Bank report other accounts to carry out a preventive seizure, due to a complaint of workplace harassment against its president, Alfredo González.

“The behavior that the defendant incurred is what the doctrine has classified as mobbing, that is, isolation of the worker, destruction of communication networks, dissemination of false information or other conduct that harms her integrity or dignity,” the ruling states. first instance, which condemns CAME.

The ruling determines that “the existence of abuse prior to the breaking of the bond was proven.” However, this happened despite the fact that the employee “performed satisfactorily for a period of eight years in the defendant entity”.

Furthermore, the dismissal of the complaining employee occurred in November 2021, when the law prohibiting layoffs Due to the pandemic, he barely assumed the current management of CAME.

Among her accusations, the complainant states that prior to being fired, They removed the computer from his desk. In addition, they excluded her from the WhatsApp group that included the entire team. He also pointed out that They whitened his password and blocked his email without prior notice, so that you no longer have access to your work email box.

What they said from CAME

The current CAME authorities stated that “The confederation is right. There was a preventive seizure and we did not have all the money in the bank, but the lawyers are working on it and we are going to comply with everything that Justice orders.”

For its part, the entity’s lawyers They focus their defense on the fact that it was a dismissal and not workplace harassment, although they demand that the file be handled confidentially.

In addition, the ruling determined a sentence for its authorities, who must pay 6.8 million pesos to the victim2.5 million and 1.7 million to the lawyers of both parties, 1.35 million to the accounting expert and the same figure to the computer expert, plus interest until the payment date.

The complete ruling against CAME