Many questions and debates arose regarding the labor reforms being promoted by the country. Opinion is divided among labor lawyers who believe that these changes are aimed at: Modernizing Argentina’s labor system This raises questions and concerns among workers, especially as they do not know the true scope of the changes being proposed.
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The projects being discussed include amendments to the rules governing hiring, firing, and collective bargaining, resulting in affects all workersboth formal and informal.
In the final hours, the Minister of Economy referred to the labor reforms that will be submitted to the new parliament and made progress on important issues being considered by the new parliament. cDisputes with employers, benefits and new employment regimes These are the three new variables the government has added to the labor reforms it is analyzing, as confirmed by Economy Minister Luis Caputo in the past few hours.
Axis of work style reform
According to Ernesto SanguinettiAccording to a PASBBA study, the official intention is to move towards reforms that are “oriented toward a model that is more predictable, less litigious, and more compatible with new working arrangements.”
among them, Sanguinetti, the center of reform Along with the reorganization of trade unions, he spoke of simplification of regulation, responsible flexibility and predictability of layoffs.
Three variables added to labor reform identified by Luis Caputo
The lawyer explained that the project under analysis considers the unification and repeal of outdated laws, the digitalization of procedures, the updating of rules regarding working hours and vacations, and the possibility of incorporating working arrangements according to purposes and time frames. “They are also valued.” new system It’s for platform workers and independent experts,” the lawyer explained.
For Dr. Nahuel Altierifrom Altieri Legal Studio, Most important changes These are “time banking implementation, compensation system, compensation calculation, non-exemption, union dues, solidarity fees, and super-activities.” According to the lawyer, “no one said that labor reform would result in 12-hour days,” but that repeating such long days “would result in 12-hour days.” Health problems or difficulties in daily life About working people. ”
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for Javier Adrogfrom AZDR & Associados Studio. Any labor reform must differentiate “Among the aspects of… Individual rights and collective rights.”.
“In the first case,” he explained, These are the rules regulating the initiation, development and termination of employment relationships. The second section covers trade union structure, collective agreements, and dispute regulation.
Mr Adrogue pointed to the compensation system and court costs. “In the short term, perhaps Changes in personal appearanceEspecially those related to termination and compensation,” he asserted.
Public labor order, acquired rights and implications for trade unions
One of the main arguments is that Scope of laborPublic order and moralsthat is, rules that cannot be changed to the detriment of workers. Mr Adrogue cautioned that the discussion focused on what was possible. Amendment to Article 12 of the Labor Contract Actit is currently not possible to reduce the benefits agreed in the individual contract.
At the group level, Sanguinetti He stressed that the project aims to decentralize trade union negotiations. Limit hyperactivity In addition to abolishing collective bargaining agreements, eliminating certain sources of funding for union organizations.
“The project is Call for fundamental changes in union structure“This could lead to greater flexibility, but it could also lead to more disputes within companies,” he warned. According to lawyers, this situation calls for appropriate regulations to prevent trade union disputes from spilling over into different areas of work.
Application and impact on workers
of Reforms will be generally applicableThis will affect both those who are already employed and those who will enter the formal labor market after authorization. “The law applies equally to all workerssaid Adrogue.
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In the case of the dismissal, Sanguinetti recalled:Provides for the principle of immediate application of the law in force at the time of the occurrence of an eventIn practice, this means: Compensation system or new limits These apply upon dismissal, regardless of the employee’s joining date.
Altieri said the Employment Contract Act regulations are designed for dependent workers. He then emphasized that “Incredible” appearance “Independent ContributorAlthough this is a figure that falls within the scope of employment contract law, it is ultimately a hidden dependency. ”
concerns and prospects
Asked about the concerns raised by the project, Sanguinetti reflected:Excessive concern in personal relationships“This project does not seek to eliminate fundamental rights, but rather to limit judicial discretion.” Instead, he noted, “the biggest changes may occur at the collective level, where hyperactivity is eroded and bargaining is decentralized.”
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“This is concerning because it directly implies an important change in lifestyle,” Altieri said. There are two different versions of this new scheme. This is what is agreed upon in the collective bargaining agreement, that is, the labor union. And there is another version that it would be a trade union, and then the workers would be able to accept it personally. Workers who are not members of a labor unionincluding what is called outside the agreement? What if the employer imposes it? ” asked the lawyer.
Mr. Adrogue emphasized that “labor law is justified by the difference in bargaining power between employers and workers,” stressing that public order plays a role for workers. Guarantee the minimum rights. In that sense, he argued, “even the most deregulated version does not see an abolition of that principle.”
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If reforms are implemented, 3 structural changesaccording to Sanguinetti, a change in employment culture with the possibility of formalizing informal employment. Redesigning collective bargaining with a focus on decentralization. And turnover becomes more predictable.
Both experts agreed on the following points: The impact will be felt in the medium termIn particular, the new rules have been successful in encouraging investment, reducing litigation, and providing greater legal certainty for both employers and workers.
GZ/lr
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