All the Answers
Well-known member
Bases Law: what is the labor reform that will be debated in Deputies, point by point - Infobae
Source:
Ley Bases: cómo es la reforma laboral que se debatirá en Diputados, punto por punto
La iniciativa que impulsa el Gobierno, y que comenzará a discutirse hoy en la Cámara Baja, incluye varias normas que fueron acordadas con los gremios y la oposición dialoguista
www.infobae.com
April 29, 2024
The initiative promoted by the Government, and which will begin to be discussed today in the Lower House, includes several regulations that were agreed with the unions and the dialogue opposition.
Pablo Moyano at the center of a CGT mobilization
The ruling party made strong modifications in the labor chapter of the Base Law to allow its treatment in Deputies to advance today . For this, there was a negotiation between union members, representatives of the dialogue opposition and the advisor Santiago Caputo.
How was the labor reform after the modifications?
In agreement with a sector of the opposition, and in line with the claims of the CGT, in the opinion of the Bases Law approved by the plenary of commissions of the Chamber of Deputies, article 98 of the draft of the Executive Branch that established penalties was eliminated from 6 months to 3 years in prison for those who block companies.The decision was adopted after a request from Miguel Ángel Pichetto, head of the We Make Federal Coalition bloc, with the argument that “nothing that affects the CGT” should not be included in the project.
In reality, the Government had already agreed to alleviate the penalties against those responsible for union blockades because in DNU 70 it said that this action will be repressed with 3 to 6 years in prison and then, in the latest draft of the labor reform, it was reduced from 6 months to 3 years in prison, and another article on the same topic that considered “serious labor injury, as an objective cause for termination of the employment contract, participation in blockades or takeovers of establishments” even disappeared.
Today, there is no article in the opinion of the Base Law that sanctions the union blockades that have been tormenting companies for years.
The points that were left out of the labor reform
Without the article that sanctions blockades, the labor chapter of the Base Law was reduced even more: until this Thursday it had 58 articles and now it was only 16. They also excluded the articles on solidarity quotas, the ultra-activity of collective agreements, the regulation of the right to strike in essential services such as education and changes in the teleworking regime.In addition, the penalty for workers' assemblies that end up becoming covert measures of force was eliminated , as well as an article that jeopardized two key points of the current Labor Contract Law: the principle that in case of doubt it must be applied the most favorable rule for the worker and non-waivability, that is, the authorization for employees to voluntarily renounce acquired rights that arise from laws or collective agreements.
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.
The president of the We Make Federal Coalition bloc, Miguel Ángel Pichetto, and other deputies of the bench
Fines, compensation and probation period
The Base Law maintains those changes 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 of workers (it may be extended up 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 jointly agree on a new compensation based on the UOCRA Work Termination Fund.Another point is labor outsourcing : “ The workers will be considered direct employees of those who register the employment relationship, without prejudice to having been hired with a view to using their benefits or providing them to third companies. The user company will be jointly and severally responsible for the labor and social security obligations with respect to the workers provided, exclusively with respect to those accrued during the time of effective provision for the latter," is provided in article 87.
Regarding the prohibition of working , article 90 states that maternity leave may begin up to 10 days before the date of delivery. “The work of female personnel or pregnant women is prohibited during the forty-five (45) days prior to childbirth and until forty-five (45) days after delivery. However, the interested person may choose to have the leave prior to childbirth reduced, which in such case may not be less than ten (10) days; The remainder of the total leave period will be accumulated to the rest period after childbirth. In the case of pre-term birth, the entire period of leave that was not taken before the birth will be added to the subsequent rest period, in order to complete the ninety (90) days.
