06/08/2020 - 22:21
The Government will extend for 180 days the validity of the double compensation for dismissals without cause attributable to the worker . The decision will be made through a Decree of Necessity and Urgency extending the DNU 24/2019, of December 13 of last year, and which expired this Wednesday, June 10.
The extension of the double compensation is complemented by Resolution 475, published this Monday in the Official Gazette, by which the Minister of Labor, Employment and Social Security Claudio Moroni extended for 60 days the validity of the suspension agreements with salary reduction between union entities with union status and companies invoking article 223 bis of the Labor Contract Law (LCT). And with the extension for another 60 days, until the end of July, according to DNU 487/20, of the prohibition of dismissals without cause, initially decreed - DNU 329 / 20- for April and May.
The extension of the double compensation - which had been requested by the CGT - when the prohibition of dismissals is in force would seem to be contradictory but according to official sources, "it solves the problem of indirect dismissals" such as the so-called "voluntary retirements" (dismissals undercover) and when the worker does not request the nullity of the dismissal and accepts to be compensated.
For its part, the Labor Justice approved several precautionary measures ordered companies to reinstate dismissed workers in their jobs, based on the validity of the DNU that prohibits dismissals.
This Monday, the precaution of Labor Court No. 69 was ordered, which ordered the company Producciones Publiexpress SA "to proceed to reinstate these claimants in their respective jobs while the prohibition to dismiss provided in Decree 329/2020 and its extensions and eventual extensions, within the term of 24 hours of notification, and under notice of imposing astreintes at a rate of $ 3,000 ”. .
Even so, and despite the fact that these measures were in force during these months, Labor data indicates that in March 117,900 fewer registered workers were recorded compared to the previous month . Of this total, 45,100 workers in a dependent relationship lost their registered employment, and the rest corresponded to monotributista and autonomous work.
In turn, the Report of the Ministry of Labor says that in April, “the suspension rate, which is calculated as a proportion of total employment in the previous month, stood at 7.5% per 100 workers, showing the highest level high of the series. At the company level there is also a high value, amounting to 14% of the companies that applied suspensions, more than doubling the historical values ”.
For its part, also in April, according to the Labor Indicators Survey (EIL) of Work "the level of private employment registered in companies with more than 10 workers of the total agglomerates surveyed, fell 0.6% in relation the previous month. This is the biggest monthly drop in April, with the exception of April 2002 , when the decrease was 0.8% ”. That 0.6% represent some 36,000 fewer dependency-related jobs.
According to Labor, “the contraction of formal employment in the months of March and April is explained by the companies' decision, given the scenario imposed by the pandemic, not to hire personnel. The few incorporations of workers verified during this period did not manage to compensate for the dismissals that also collapsed in relation to their historical mark, but not to the same extent that is seen in the highs.