2023-12-28 17:32:00
This Wednesday the 27th, the general secretary of the Argentine Federation of Commerce and Services Employees (FAECyS), Armando Cavalierimet with the Minister of Human Capital, Sandra Pettovelloand expressed his “accession” al new compensation system presented in the draft “Omnibus Law”.
“The unionist expressed his support for the ‘Cessation Fund’ figureincluded in DNU 70, which establishes a system for collecting immediate and fair compensation, in order to cope with future layoffs. A campaign promise from Javier Milei that today is a reality,” they indicated from the portfolio through X along with a photo of the official, the head of the union and the Secretary of Labor Omar Yasin.
“The only thing that interests us is that people have jobs,” said the Minister of Human Capital and from the ministry they indicated that “the union member reported that, During January, at the opening of joint ventures, it will include the union’s ‘Cessation Fund’ which will be developed together with related business chambers.
In this context, Yasin added: “The Secretariat is open to permanent dialogue to provide well-being to Argentines”.
The new compensation system, reflected in article 81 of the DNU, replaces article 245 of Law No. 20,744 on Employment Contracts and indicates: “Through collective bargaining agreementthe parties may replace this compensation regime with a labor termination fund or system, the cost of which will always be borne by the employer, with a monthly contribution that may not exceed 8% of the computable remuneration.”
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“For their part, employers may choose to hire a private capitalization system at its cost, in order to pay for the compensation provided for in this article and/or the sum freely agreed between the parties in the event of separation by mutual agreement in accordance with article 241 of this law,” the decree explained.
The general secretary of FAECyS was re-elected this year after winning over Ramon Muerza in the elections of Trade Union of the Federal Capital and began his tenth consecutive term at the head of one of the main unions in the country.
Solidarity dues from unions
During the meeting, the union member also obtained a promise that will correct an article of the labor reform that had an impact on the solidarity fees agreed between union members and employers in the agreements.
After the meeting, Cavalieri spoke with Infobaeand stated that it was “despair” that led him to have an audience with libertarian officials regarding the limitation that was included in the DNU on the solidarity feesthat is, the extraordinary contributions to the unions that members and non-members must make by the agreements.
According to the decree, workers would be obliged to pay this contribution “only if there is explicit consent from the employee authorizing it”which implied a risk of reduction in union collections.
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“Some articles of the DNU seem to affect the obligations that arise from our collective bargaining agreement, which establishes clauses for withholdings and contributions to the union. We went to the consultation because If this decree reverses it, it bankrupts the entire union.to the 350 subsidiaries in the interior,” he said.
Then, he expanded: “We have 350 unions in the interior that have mutual insurance companies, pharmacies, and one and a half million workers who contribute every month to the union’s coffers and If suddenly we no longer have this, we will disappear as a union. If Justice doesn’t give us the ball, what do we do? That’s why we went to the consultation.”
“They answered no, not at all.and that ‘if this arises from private activity between businessmen and workers, we are going to respect it,'” said the union member, who assured the media that Pettovello and Yasin affirmed that the DNU “does not question” the solidarity quotas and that “they will follow the conventional clauses agreed between employers and workers.”
“We don’t want more cases like Garbarino’s”
After the meeting with the cabinet official Freedom Advancesthe reference of the union of Commerce and Services employees supported the proposed modifications.
“We don’t want more cases like Garbarino’s”he highlighted, at the same time that he stressed: “We have been talking with the Chambers to establish a scheme that guarantees 100% compensation for all workers. This commitment seeks prevent numerous lawsuits and situations such as the unfortunate experience of the Garbarino workerswho could not fully collect their compensation.”
“Our priority is guarantee the stability and rights of workers“We do not and will not support labor flexibility policies or policies that go against workers’ rights,” he added.
In the case of the household goods, appliances, electronics and IT company, There were more than three thousand layoffs between 2020 and 2021and the payment of the corresponding compensation It has been a topic of complaint since then by former employees.
“They do not give you solutions or answers to the conflict that we, the dismissed Garbarino workers, have.. This has been going on for a long time. We had 38-39 hearings at the Ministry of Labor and ended up fired. That is the situation we are going through, it is disastrous, there are colleagues who are dyingcolleagues who cannot find work and are immersed in a huge depression“he said in April Claudioone of those fired by the company, in dialogue with Modo Fontevecchiaby Net TV y Radio Profile (FM 101.9).
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