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Dismissing workers is not a business in Argentina


On 12/21/23, the PEN, issued DNU Nº70/23, that would come into force on 12/29/23, assuming unconstitutional legislative powers, since the exceptional conditions of Necessity and Urgency are not met which determines the art. 99, inc. 3, of the CN to avoid the intervention of Congress, and in this way avoid “discussing” the reform in Parliament, and this is how the National Labor Justice By decreeing its inapplicability and unconstitutionality, on numerous occasions, we now have to wait for the decision of the Supreme Court of the Republic.

He Government exposes the worker as “The caste”since it makes him responsible for the economic collapse, repeating the same arguments, the same incompetence, the same haste and the absence of respect for the principle of legality and constitutional guarantees as when the decisions were issued. good labor standards in the 1994 Framework Agreementwhich were later repeated in 2002, punishing the worker by “cutting off all his rights.”

The recent failure of Executive power demonstrates that employment relationships in general and layoffs in particular, should not be considered a financial business where non-compliant employers bring the person who works, the worker, “to their knees.”

He DNU in crisis, cancels the fines of the employment law and in this way legitimizes the various forms of clandestine work “in the black” in the hiring, validity and extension of the employment relationship, which in this sense is free for the non-compliant, since absolutely all are repealed. rules that sanction employers who have unregistered or partially registered employees.

It also affects the so-called “principle of primacy of reality” and inalienability of rights. It is established that “the hiring of professional services that are billed as forms of contracting are no longer presumed to be labor”, this modality being the typical figure of fraud, also called “exploitation of vocations where the dependency relationship is simulated with “contracts of location of services”, issuing an invoice instead of a salary receipt, under the guise of “professional fees”, with the typical notes of a dependency relationship, which today, it is reiterated, is not. Beyond all, these “contracts” are insurmountably null and void, as they are structured with simulation and fraud of the law.

The creation of an optional severance fund is stipulatedthe lack of sanctions for non-compliance with work standards affect constitutional protection against arbitrary dismissal, since the method of updates, form of payment, when paying compensation is not even clarified, enabling the worker to collect on account and claim compensation differences, and which also represents a greater cost for the employer. The scope of the discriminatory dismissal is modified since the possibility that the victim of the discriminatory act can raise the annulment is nullified and a limit of 50% and 100% is imposed without giving further details.

In relation to judicial sentences “a payment plan is established, with a system similar to that applied by appliance companies in the promotions of their products: “in 12 installments” without interest, meaning that the worker, the winner, with a right acquired by a court ruling, with res judicata authority, and a final settlement, must finance the convicted employer through a ridiculous payment plan, plus an absurd adjustment (CPI + 3% annual interest) that manages to avoid the loss of purchasing power due to high inflation, seriously violating Property Law (Art 17 CN).

Within the framework of a supposed search for “predictability”, the government simply annihilates Labor Law, eliminating compensation, fines, forms of payment, contracting modalities, making the country more unpredictable than ever, since the Courts will be flooded with unconstitutionality claims, and no one will be able to evaluate the impact that they will have on the business market.

Everything was done in a hurry. 3000 laws were reviewed, without consulting with specialists in each discipline, or debating where and how appropriate. It “destroys” what Argentine society built over decades, under the argument that it is “perverse” or “an error.”

The unemployment rate is 6% (published by INDEC), is historically the lowest. There is no reason to modify current labor standards.

Promptly, the National Supreme Court of Justice will have the last word and will define the origin or not of DNU 70/23 in labor matters., and by virtue of this, we understand that from the very foundations of the Supreme Court of the Republic, the sentences handed down by the Fair chambers of the National Court of Appeals of the Labor will be confirmed, and in this way the failure of the labor reform would be consolidated.





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