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Experts analyze the agreement reached between unions, the Industrial Union and the Government, which seeks to face the effects of the pandemic
Companies will not be able to suspend homeoffice employees or those who are not working because they belong to a risk group for coronovirus with a 25% reduction in salary., according to the agreement agreement signed yesterday by the unions of the CGT, the Argentine Industrial Union (UIA) and the Government.
In addition, those who apply the agreement must keep their workforce unchanged for a period equal to its term, that is, they cannot fire for two months.
Yesterday an Act was circulated advising on various measures to sustain work and production in the face of the pandemic. The Minutes were signed by the representatives of the CGT, Héctor Daer, Carlos Acuña, Andrés Rodríguez and Antonio Caló, and the UIA, Miguel Acevedo and Daniel Funes de Rioja, together with the Ministers of Labor, Claudio Moroni and Productive Development, Matías Kulfas.
In this way, the provisions of the act will only apply, just as the regulations of the Labor Contract Law on suspensions, to workers included in a collective agreement, or governed by a particular statute. But it would not apply to non-contractual personnel, said Paula Babij, senior attorney at Estudio De Diego.
The term of this suspension will be up to 60 days, with effect from April 1, 2020.
It is a “retroactive” measure that hinders the settlement of salaries of the accrued April 2020, which in many companies, has already been processed to pay the salary on the last business day of the month, Babij said, and recalled that the remuneration can be paid until the fourth day. skillful accrued.
However, many companies regularly pay their workers’ compensation before the end of the current month., Babij pointed out, and for this, the salary settlement process, especially if it is outsourced, must be carried out at least five days before its accreditation: the settlement must first be processed as a pre-settlement, check that all the news of the month, if correct, it goes to the settlement of the salary. Then, the banks must be informed, so that they can credit the salaries, which can take between 24 and 48 business hours.
The amount that employers must pay as a non-remunerative benefit or the money allowances that are delivered in compensation for suspensions of the labor benefit in this framework It may not be less than 75% of the net salary that the employee would have received if he had worked.
75% of a worker’s net salary, understood as net of social charges, represents 75% of 83% of gross remuneration. This is equivalent to approximately 60% of the worker’s gross salary. So, in summary, the amount to be paid by the employer, at least, must be 60% of your gross salaryBabij explained.
It is established that this non-remunerative payment must be considered for the payment of contributions and contributions to social work, and for the payment of the union fee.
Babij said that the Labor Contract Law indicates that only contributions to social work must be paid in this case, so this pact requires that the worker be discounted concepts that are not discounted from receiving the non-remunerative suspension of the 223 bis LCT: contributions to social work will be deducted, as well as union dues, he stressed.
Only under these conditions or when a higher percentage is established, the enforcement authority will automatically approve the agreements that are presented, considering the requirements established in art. 223 bis of the LCT.
Otherwise, the collective agreement presented by the business and union sectors will be submitted, in each case, to the consideration of the enforcement authority, in order to assess its provenance, according to the situation of the sector or the company.
Babij explained that if the conditions of the pact are met, the approval of the agreement will be automatic “assuming the requirements established in article 223 bis LCT have been met.” If the percentage to be paid is less, then the agreements must be analyzed on a case-by-case basis.
This will clearly delay the process at a time when companies are in need of solutions.
Employers may provide for the application of suspensions simultaneously, alternately, rotating, total or partial, according to their respective productive realities.
Workers who have established with their employer the conditions in which they will provide services from the place of isolation, that is, in a homeoffice regime, Babij said, may not be suspended with this modality.
Neither may workers excluded from the duty to assist the workplace be excluded from this duty with respect to people with health risks (elderly or pre-existing pathologies), added the specialist.
In the event that the Complementary Salary is declared applicable in a company, the amount of that complementary allocation paid by the ANSeS will be considered part of the agreed monetary benefit, so that the amount charged by the employer will be to supplement the salary until reaching the established percentage.
In this way, if it were agreed to pay the worker 75% of his net salary, in which case the homologation would be automatic, and the company also benefited from the payment of the Supplementary Salary, the employer must pay the difference between the amount paid by the ANSeS and 75% of the worker’s net salaryBabij said.
As an example:
- Gross worker salary April 2020: $ 50,000
- Net (83% – contributions): $ 41,500
- 75% of net: $ 31,125
On $ 31,125 contributions and contributions are paid to the social work, and union contributions.
Therefore, contributions to social work (3%) and union contributions (about 1.5%) must be discounted.
- 75% of the net: $ 31,125
- OS Contributions: – $ 933.75
- Union contributions: – $ 466.85
- Total to pay: $ 29,724
If the company is benefited with the complementary Salary:
- Salary accrued in February 2020: $ 50,000
- Net (83% – contributions): $ 41,500
- 50% of net: $ 20,750
- Supplemental Salary Amount: $ 20,750
- Final amount to be paid by the employer: $ 8,974 ($ 29,724 – $ 20,750)
The abbreviated mechanism provided for in the agreement between the CGT and the UIA will not apply to the situation of those who have already agreed or agree in the future on other suspension criteria.
The provinces do their thing
Resolution 359/2020 issued by the Ministry of Labor clarified that The provinces are not inhibited from the different powers for the substantiation and subsequent approval of the agreements provided for in art. 223 bis of the Labor Contract Law, Lucas Tamagno, from the Allende & Brea studio explained.
This becomes important from the moment that the possibility of arranging suspensions was only enabled through the provisions of this article, added Tamagno.
In this way, what the Ministry of Labor is seeking is to decompress the number of presentations that are being received today from agreements that are concluded between the Chamber and the companies with the different union entities, procedures that also become complex due to the way they are carried out. at a distance that occurs within the framework of isolation, Tamagno said.
Today the Ministry of Labor is receiving the submissions electronically, then and they ratify through the Distance Procedures (TAD) system and later they are approved, and all the monitoring can be done from the pages enabled for this purpose.
But there have been different cases in which hearings have had to be held, and for this, the virtual modality has also been used with all the inconveniences that this poses for the parties and the Ministry that did not have formally implemented this process, Tamagno said.
Therefore, and in order to be able to give greater speed and attention, the Ministry of Labor clarified through this resolution that the provinces can carry out suspension agreements individually or collectively under the terms of art. 223 bis of the LCT but with the obligation to, once the agreements are approved, communicate them to the Subsecretariat of Labor Inspection of the Nation.
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