01/23/2021 7:49 AM
Updated 01/23/2021 7:49 AM
Through DNU No. 39/2021, published this Saturday in the Official Gazette, the Government
extended by 90 days the prohibition of dismissals without cause
, due to lack of work or force majeure and until the end of the year the payment of double compensation also for dismissals without cause
with a ceiling of $ 500,000 for the bonus or duplication of compensation
The prohibition of suspensions due to force majeure or lack or reduction of work is also extended 90 days, except for those agreed with the union organizations.
The prohibition of firing and the duplication of the severance pay with a cap does not apply to the hiring of workers held
after December 13, 2019
, when DNU 34/2019 was published, nor to the Public Sector regardless of the legal regime to which it is found. subject the personnel of the organisms, nor to companies, companies or entities that integrate it, clarifies the article 9 of the DNU.
In addition, also for 90 days, the DNU establishes that "the COVID-19 disease produced by the SARS-CoV-2 virus will be presumptively considered
a professional disease
" for "all the workers and dependent workers included and included in the personal scope of application of Law No. 24,557 on Occupational Risks and that they have actually performed tasks in their usual places, outside their home address ”.
Meanwhile, the DNU establishes that for health workers and members of federal or provincial security forces who perform effective service, the Central Medical Commission of the Occupational Hazards system “must understand that the contingency is causally
related direct and immediate with the work carried out
, unless it is demonstrated, in the specific case, the inexistence of this last factual assumption ”.
The financing of these benefits will be imputed to the Trust Fund for Occupational Diseases of the system, clarifies the DNU.
Meanwhile, as at the same time the prohibition for dismissals without cause or due to lack or decrease in work and force majeure also extends for 90 days, the Government
maintains double compensation for the so-called "indirect dismissals"
which are when the worker is he declares dismissed for causes attributable to the employer and
does not demand the return to his job
, but the collection of compensation.
In relation to the compensation cap, this means that if a worker is entitled to compensation of $ 600,000,
the double compensation will not raise the total to $ 1,200,000 but to $ 1,100,000
This affects the
highest-paid and longest-serving
Despite the measures referring to the prohibition of layoffs and double compensation in force since the government took office or the outbreak of the pandemic, official data indicate
a significant drop in private formal salaried employment
The latest data from the Ministry of Labor show that in October there were 5,795,171 formal private wage earners compared to 5,994,191 in March, when the pandemic broke out.
Thus, in the first 7 months of the pandemic and quarantine,
there was a loss of 199,020 jobs in formal dependency relationships in the private sector
The bulk of the drop in the number of wage earners occurred
between April and July
, and in the following three months it recovered by almost 30,000 wage earners.
The drop in employment was due to the fact that companies do not replace the personnel who resign or retire and the "agreements" or "voluntary retirements" agreed with the laid-off personnel to avoid the prohibition of dismissal.