Labor reform official: dismissals, compensation, protests, registration jobs and fines

2024-09-26 09:39:59

The labor reforms were published in the Official Gazette on Monday. This is the “Labor Chapter” of the Basic Law. What does it say about dismissals, protests, registration of work and fines?

This standard was published in Decree No. 847/2024. The agreement appears to have been signed by President Javier Milley, Chief of Staff Guillermo Francos, and Ministers Sandra Petovillo (Human Capital) and Luis Caputo (Economy).

The adjusted provisions are Articles 76 to 81 of Part IV of the Basic Law (corresponding to the promotion of registered employment) and Articles 82 to 98 of Part V of “Labor Modernization”.

Jobs registered in the labor reform

Section 76 encourages the registration of employees who were not registered before the standards were approved. In exchange, donation debt and corresponding penalties will be waived.

According to Infobae details, the company will be removed from the list of defaulters if all lapses are regulated and the capital and interest debts for payment of contributions and employer contributions are discharged.

Depending on the size of the company, small and micro enterprises only need to pay 10%; medium-sized companies pay 20%, and the rest pay 30%. If you pay by cash, you will get 50% discount. If not, AFIP will issue a payment plan.

Debts cannot be forgiven for special interest rates in the differential pension system or for irregularities discovered as a result of crisis prevention procedures (Article 223 of the Labor Contract Act).

At this time, people working in the public sector or in private residences are not included.

This process comes with a simplification of the registration process, requiring less data.

Protests: How labor reform regulates blockades or seizures

Participating in a blockade or protest is considered a “serious workplace injury” and becomes grounds for justifiable dismissal.

This is what Article 94 does not stipulate, but “respects the original spirit of the norm.” The government ruled out the possibility that this would facilitate their judicialization.

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