the changes in labor matters according to a lawyer from San Juan

the changes in labor matters according to a lawyer from San Juan
the changes in labor matters according to a lawyer from San Juan

The Chamber of Deputies of the Nation approved the Base Law and the fiscal package with some modifications during the early hours of this Friday. This legislation promotes many variations in labor matters that will change the way work is conceived. In this frame, HUARPE DIARY He spoke with lawyer Rodrigo Galván, who explained the labor modifications point by point.

Rodrigo Galván, lawyer from San Juan. Photo: DIARIO HUARPE.

Trial period for workers

In its articles 89 and 95, the law extends the probationary period for workers who start a new position to six months. According to Galván, the probationary period could be longer if the company has fewer employees.

Companies with between six and 100 employees may extend the trial period up to eight months. Smaller ones can “trial” their employees for up to 12 months.

Compensation for discrimination

Galván explained that compensation for discrimination will continue to exist, but with a modification. “For discriminatory dismissals, compensation may be increased between 50% and 100%. The difference is that now there is no obligation to reinstate the person,” he explained.

Elimination of penalties for non-registration of employees

Now, companies will not be financially penalized if they do not have their employees on target.

Figure of “collaborators”

The figure of collaborators is added, which does not amount to a worker in a traditional dependency relationship. “They have contributions, but they do not enter into a traditional dependency relationship. The number of this type of workers is limited,” added the lawyer.

Limitation of the right to collective action

When a union member does not allow his colleagues to carry out their task in the midst of a claim, that is, forces his peer to act, it will be grounds for dismissal.

Severance pay

In article 93 of the law, compensation is replaced by the severance fund. Employers will choose to hire a private service or insure themselves.

pregnancy leave

According to current law, a pregnant person has the possibility of having a pregnancy leave of 90 days, 45 days before delivery and 45 days after. Based on the Base Law, the person can choose to reduce the number of days before birth to 30 days and accumulate them for the post-birth period.

 
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