Although, after the failure of negotiations between unions and companies, President Javier Milei said that he will not set a minimum wage, the Government
is obliged to “laudate”
through the Secretary of Labor,
Omar Yasin
, according to to current legislation.
And the head of the CGT,
Héctor Daer
, told
Clarín
that
they are going to demand that Labor approve it and then endorse it by the Executive Branch.
In radio statements, Milei had stated that he had no plans to sign a decree to update the minimum, vital and mobile wage.
"It doesn't even occur to me," she replied when asked.
"Isn't this an issue that has to be addressed by workers with their employers?
I don't think a politician can determine a price by hand
. It doesn't even occur to me. Am I going to issue a decree setting a price?" he asked. Milei.
However,
employment law No. 24,013
, in relation to the Minimum Living and Mobile Wage Council, is very clear.
"The Council will be made up of 16 representatives of the employers and 16 of the workers, who will be
ad-honorem
and appointed by the Executive Branch and by a president appointed by the Ministry of Labor and Social Security and will serve for four years in office."
And in its article 123 it clarifies: “The decisions of the Council will be taken by a two-thirds majority.
If this is not achieved at the end of two sessions, its president will issue a ruling
regarding the points in controversy.”
In this case, Resolution 27/2024 of the Ministry of Human Capital on February 7 designated the Secretary of Labor, Employment and Social Security, Omar Yasin, as Alternate President of the National Council of Employment, Productivity and Minimum Wage, Vital and Mobile.
Last Thursday the 15th there were two sessions of the Council, without reaching an agreement.
Marcelo Aquino, a business advisor, told Clarín
that
due to current legislation, it is up to the Government to issue awards.
The same opinion was expressed by Cynthia Benzion, head of the Association of Labor Lawyers, and Matías Cremonte, labor lawyer.
For example, this happened in 2019, through Resolution 6 of August 30 of that year, the Minister of Labor, Dante Sica, was the one who set the values of the minimum wage.
The Resolution concluded by requesting the National Executive Branch “to issue the necessary acts so that the Minimum Living and Mobile Wage established in this resolution comes into effect on the dates established therein.”
This was what
Mauricio Macri did through decree DNU 610/2019
of September 2 of that year.
The thing is that article 142 of the Employment Law establishes that “the minimum, vital and mobile wage will be valid and will be of mandatory application from the
first day of the month following publication
.
Exceptionally, it may be provided that the modification comes into force and takes effect from the day following its publication.
In all cases, within three days of having made the decision, it must be published for one day in the Official Gazette or in other journalistic bodies that guarantee satisfactory dissemination and certainty about the authenticity of its text.
For this reason, DNU 610/2019, of September 2, 2019, established the first increase in the minimum wage
retroactively
to August 1.
NE