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The Government reduced Moyano's power: it considered that a demand by Truckers to companies is illegal - Infobae
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El Gobierno recortó el poder de Moyano: consideró que es ilegal una exigencia de Camioneros a las empresas
Un dictamen de la Secretaría de Trabajo ratificó que las leyes no prevén que el gremio sea el que emita un certificado de libre deuda para que los empresarios puedan trabajar. En las últimas semanas hubo guiños de la Casa Rosada en favor del moyanismo
www.infobae.com
May 16, 2024
A ruling from the Ministry of Labor confirmed that the laws do not provide for the union to issue a debt-free certificate so that business owners can work. In recent weeks there were winks from the Casa Rosada in favor of Moyanism
By Ricardo Carpena
Hugo Moyano, with his son Pablo, complicated by a resolution of the Ministry of Labor
The Government granted the Truck Drivers Union the elimination in the Bases Law of the sanctions against the blockades, but now it has made a decision that weakens the power of Hugo Moyano: it ratified that the union debt-free certificate that was required of the unions is void. freight transport companies to be able to work because it contradicts the spirit of the National Constitution.
This requirement, which has been in force since the government of Néstor Kirchner, was justified by the need to avoid the job insecurity of truck drivers, since there were large companies that hired personnel through SMEs, without paying social charges or union dues. . Since this system was established, no company in the activity could work if it did not obtain its debt-free certificate, but problems arose because the processing is done through the union and there were countless complaints of pressure from members of Truckers to the employer sector. .
The employers' complaints also involved something irregular: they could work even if they had tax debts with the State, but not if they owed union dues to Truckers.
The Secretary of Labor, Julio Cordero (Photo Nicolás Stulberg)
The situation changed completely during the government of Mauricio Macri, when the Ministry of Labor issued a resolution in June 2018 by which it was considered that “it is not appropriate or legal to require transferee companies to obtain a certificate of any kind issued by any union entity.” ” and that in those cases, what is established in article 30 of the Employment Contract Law was exclusively applicable, which says the following: “Those who totally or partially transfer the establishment or operation authorized in their name to others, or hire or subcontract , whatever the act that gives rise to it, works or services corresponding to the normal and specific activity of the establishment, within or outside its scope, must require its contractors or subcontractors to comply adequately with the regulations relating to work and organizations. of social security.”
"The assignors, contractors or subcontractors must also demand from their assignees or subcontractors - it adds - the number of the Unique Labor Identification Code of each of the workers who provide services and proof of payment of remunerations, a signed copy of the proof of monthly payment to the social security system, a current bank account of which you are the owner and coverage for work risks. This responsibility of the principal to exercise control over compliance with the obligations that the assignees or subcontractors have with respect to each of the workers who provide services cannot be delegated to third parties and each of the receipts and certificates must be exhibited at the request of the worker. and/or the administrative authority.”
According to the Labor ruling, the authorization to enable or disable work is illegal because current legislation does not grant any powers to unions in this matter.
Since Alberto Fernández's government took office, the Truckers' demand for free union debt from companies has once again become widespread , but on May 3, in response to a presentation by the Argentine Federation of Freight Motor Transport Business Entities (FADEEAC), the Secretariat of Labor issued an opinion, which bears the signature of the undersecretary of the area, Liliana Acosta de Archimbal, in which she points out that the resolution of the Macrista government on the subject is still in force and highlights that "article 30 of the Labor Contract Law exhaustively lists what are the records and the matter on which the demands and control that the assigning companies or contractors carry out with respect to the assigning companies or subcontractors must fall.
Automotive freight transport employers will no longer need to obtain a union debt-free certificate to work (Reuters Photo)
In the official opinion, it is also stated: “no type of debt-free certificate of any kind and for any reason, issued by the Union Entities can violate the guarantee of “exercising all lawful industry” enshrined in article 14 of the National Constitution.”
The positive reaction from the business community was immediate. Federico Lo Bruno, president of the Santiago del Estero Chamber of Transportation (CATSE) and owner of the SME Expreso Lo Bruno, gave his opinion on the subject to Multimedio Nuevo Diario-LV11: “The Moyano Union had an extortion system at the time because When you went to do the loads they wouldn't let you if you didn't have the free union debt up to date. But having debts for tax contributions and others is a crime, it is mandatory to keep it up to date, but free union debt is not mandatory. It is not a crime nor does it give the right to blockades.”
He recalled that “in the Kirchner government they signed an agreement that indicated that in order to be authorized to work at freight forwarders it was mandatory to have free union debt; In short, the union was the one that decided if you could load or not.” “This is where all the fuss that took place two months ago about the social work contributions that they ask for from the unions that they asked from the companies comes into play. So, now the national government has taken away that power of free union debt. Now there is freedom to charge. “The union is no longer a control body within companies.”
Until now, in addition to eliminating the penalization of union blockades from the text of the Base Law, the Government had had another gesture of good will towards Moyano: last April the Ministry of Labor unblocked the approval of the joint union of the Truckers' Union, which It ended up being reformulated in line with the salary guidelines of the Ministry of Economy and, at the same time, with the figures rearranged so that the increase in the workers' pockets is the one originally agreed upon.
The initial Truck Drivers agreement, not approved, established an increase of 45% for March and April, in two sections of 25% and 20%, but this last percentage was unacceptable for Minister Luis Caputo, who rejected that in that month will exceed 15%. After several threats of unemployment from Pablo Moyano, his father ended up agreeing to “draw” the parity so that it could be approved: he agreed with the businessmen on moderate percentages of 15% for March and 9% for April, but with the addition of two sums. fixed, equivalent to 10% and 7% on March salaries, which leaves the total improvement at almost 45%. Practically the same numbers as before, although for 3 months : the new agreement includes the month of May without salary increases and will only be reviewed in June.
Now, the same Government that winked at Moyano to ingratiate itself with him cut back a key tool through which it exercised extortionate power over businessmen in the sector.
