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The Government included the proposal for “labor modernization” in the Base Law with content similar to that of the DNU - Infobae
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El Gobierno incluyó la propuesta de “modernización laboral” en la Ley Bases con un contenido similar al del DNU
Según el último borrador que el Poder Ejecutivo elevó al Congreso, hay pocos cambios respecto de la norma frenada en la Justicia. El oficialismo asegura que contempla puntos propuestos por la UCR y el PRO y que podrían ser aceptados por la CGT
www.infobae.com
April 23, 2024
According to the latest draft that the Executive Branch submitted to Congress, there are few changes with respect to the norm stopped in Justice. The ruling party assures that it considers points proposed by the UCR and the PRO and that they could be accepted by the CGT
By Ricardo Carpena
The Chamber of Deputies will debate the draft Base Law with a "labor modernization" included
The Government decided to include a proposal for “labor modernization” within the draft Base Law that Congress will debate, which is practically the same as DNU 70 that was stopped by Justice. This is what emerges from the latest draft sent this Monday by the Executive Branch to the Chamber of Deputies, which will discuss it on Wednesday and Thursday in a plenary session of committees, along with the tax reform project, with the idea that they be approved before the signing of the May Pact, on the 25th of next month.
In this way, the Casa Rosada gave up taking the labor reform project of the UCR deputies as a basis to seek its legislative sanction and, if there are no substantial changes during the treatment in committee, the new text will not improve the relationship with the CGT: there are the restrictive regulations of the right to strike in various activities that are considered essential services; the penalization of workers' assemblies that end up becoming covert measures of force; It puts in check the ultra-activity of collective agreements, a principle that requires them to remain in force until a new one is negotiated, and considers participation in blockades or takeovers of establishments as “serious labor injury,” among other points.
The draft, on the other hand, has some differences with respect to the decree signed by Javier Milei: for example, it reduces the trial period of workers from 8 to 6 months and limits more strictly than in the DNU the solidarity fees, the more effective for the financing of unions through compulsory discounts of a sum agreed in the agreements.
The CGT hoped to reach a consensus on the new labor reform promoted by the Government
In addition, it alleviates the penalties against those who block a company: the DNU 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. The same appears , however, in another article on the subject: “It constitutes serious labor injury, as an objective cause for termination of the employment contract, participation in blockades or seizures of establishments.”
The labor chapter of the Base Law, as in the DNU and other projects of the dialogue opposition, maintains the authorization for employers and union members to agree in collective bargaining on a different compensation system , based on the Labor Termination Fund of the UOCRA.
Official sources, however, assured Infobae that for the drafting of the new labor articles “the project of the radical deputies was taken into account, others that were presented by the PRO and even some extenuating circumstances regarding the DNU that could form part of the CGT.” .
UCR deputies presented their labor reform project to the Chief of Staff, Nicolás Posse
In reality, the draft of the Executive Branch is more similar to the bill presented by the PRO representative Verónica Razzini, which faithfully responds to what the Government was looking for with the original labor reform, because its text is a mirror of the content of the DNU 70.
Regarding solidarity contributions, the DNU placed limits on them by requiring that they can be deducted from the salary “only if there is explicit consent from the employee authorizing the same”, while the draft now adds that “non-affiliated workers can only be deducted if there is their express consent ” and clarifies that “this authorization may be revoked . ” “In no case will employers be obliged to withhold dues, contributions or contributions and deposit amounts to more than one union,” he adds. And it warns that "non-affiliated workers may oppose the retention of said concepts, communicating their explicit will in the cases of: exceeding 2% of their gross monthly remuneration or being higher than those required of affiliated workers, in such case the retention must be carried out until its attendance; claim its enforceability without specifying any period in its application, or when it exceeds 1 month, counted from the date of the celebration or renewal of the collective agreement that provided for it; not guarantee concrete and real benefits to non-affiliated workers for the period of validity.”
The Minister of the Interior, Guillermo Francos, leaves the Casa Rosada after the meeting with the CGT (Photo Nicolás Stulberg)
Furthermore, the new text establishes that "the employer must provide for the inhibition or cessation of withholding as soon as the worker communicates his opposition, even if he does not express the reason."
Will the Government be willing to modify the draft when the Base Law is discussed in committee? In the opposition closest to the ruling party they believe that there will be no time for changes: "In theory there can be no modifications - they highlighted - because we are going to debate in committee from Wednesday with the idea of meeting on April 29, which is the objective they want. arrive, or May 2 at the latest.”
The countdown began. The official draft submitted to Congress may not be the definitive one, but if the Government wants to reach a truce with the unions, it will have to resign itself to many changes in the labor chapter of the Base Law so that the end of the story does not resemble that of the DNU .
