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Base Law: which articles of the labor reform questioned by the CGT and the opposition did the Government eliminate - Infobae
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Ley Bases: cuáles artículos de la reforma laboral cuestionados por la CGT y la oposición eliminó el Gobierno
El oficialismo hizo fuertes modificaciones en el capítulo laboral de la Ley Ómnibus para permitir que avance su tratamiento en la Cámara de Diputados. Hubo una negociación entre sindicalistas y el asesor Santiago Caputo. Cómo quedó la versión final del proyecto
www.infobae.com
April 24, 2024
The ruling party made strong modifications to the labor chapter of the Omnibus Law to allow its treatment to advance in the Chamber of Deputies. There was a negotiation between union members and advisor Santiago Caputo. How was the final version of the project?
By Ricardo Carpena
Javier Milei, Julio Cordero, Héctor Daer and Miguel Angel Pichetto
The pressure from Miguel Ángel Pichetto on the Government, plus that of other allies in Congress, made the Government back down and agree to eliminate from the labor chapter of the Bases Law the most irritating articles for the We Make Federal Coalition bloc and other sectors of the dialogue opposition, which are the same ones that the CGT rejected, as Infobae anticipated.
The libertarian turn had another motivation: a last-minute negotiation between CGT leaders and the influential presidential advisor Santiago Caputo to talk about the labor proposal.
Now, at the end of a day of strong fights that shook the laws that interest the Government the most, the agreement would be directed so that the plenary of commissions of the Chamber of Deputies issues an opinion this Thursday on the Base Law and the fiscal project for discuss the two initiatives in the venue between Monday and Tuesday and thus be able to sanction them before the announced May Pact.
According to the new draft corrected by the ruling party, which is already circulating among the deputies, the Government's labor modernization proposal was 58 articles and now it is only 17. That number gives the idea of the strong reduction of the labor chapter of the Bases Law promoted by the Casa Rosada.
The Government and the CGT met for the first time two weeks ago
There are no longer so many traces of the DNU stopped by Justice in the new draft that allowed the agreement between the ruling party and the opposition: they directly excluded the articles on solidarity quotas, the ultra-activity of collective agreements, the regulation of the right to strike in the essential services such as education and changes in the teleworking regime, among others.
They also removed the penalization of workers' assemblies that end up becoming covert measures of force and the article that considered union blockades as "serious labor injury as an objective cause for termination of the employment contract." In this last item, the article that alleviates the penalties against those who block a company is maintained : DNU 70 said that this action will be repressed with 3 to 6 years in prison and the draft, with 6 months to 3 years in prison.
Another deleted article , which appeared in the DNU and the previous draft, was the one that put in check two points of the Employment Contract Law: the principle that in case of doubt the rule most favorable to the worker must be applied and the inalienability , that is, the authorization for employees to voluntarily renounce acquired rights that arise from laws or collective agreements.
The Secretary of Labor, Julio Cordero (Photo Nicolás Stulberg)
The Government also agreed to remove from the new draft of the Base Law the changes in the teleworking regime that were in line with the business position and the repeal of the Commercial Traveler Regime, two of the articles that were in DNU 70.
However, there remained those that unionism does not object to: the modification of fines for unregistered or poorly registered work, the reduction from 8 to 6 months of the trial period for workers (it may be extended to 8 months in companies of 6 and up to 100 workers, and up to 1 year in companies with up to 5 workers) and the authorization for employers and union members to agree in collective bargaining on a new compensation based on the UOCRA Labor Termination Fund.
In this way, the CGT no longer has arguments to continue objecting to the labor modernization sought by the Government, which even stopped talking about “labor reform” at the request of union leaders. Before this libertarian turn, a Cegetista leader warned that “the labor modernization draft is the same as the DNU that we rejected and Justice suspended,” so “the strike is immovable and will be forceful.” Can the May 9 strike be suspended now?
Miguel Ángel Pichetto said that he would not vote for the Government's labor reform project and his position forced the initiative to change
One of the protagonists of the labor reform negotiations is the Secretary of Labor, Julio Cordero, who maintained reserved contacts with the union leadership to try to reach an agreement, although his efforts entered into crisis when the ruling party whitewashed a draft of the Base Law that included practically the same content as the labor chapter of the DNU.
This new text, which was supposedly reached by agreeing on its articles with the PRO, a sector of the UCR and other opposition blocs of Deputies, was not only rejected by the CGT but also by Pichetto, head of the We Make Federal Coalition bench, who This morning he said that he would not vote for that project that the Government wants and pointed out that a comprehensive reform of the labor system must be discussed in a more in-depth debate with representatives of the union and business sectors.
“When Mr. Cordero, Secretary of Labor, surprises you on a Sunday night and comes with 60 articles... no, I'm not going to vote for that. That was never in the dialogue , that is a surprise attack at night to say 'well, the boys are flexible, let's introduce the labor reform,'" said the opposition deputy in an interview with journalist Jorge Fontevecchia on Net TV. At the end of the day, the surprise was the Government's decision to agree to the proposals of Pichetto and the CGT to shape a light labor reform project that could be approved in Congress.
