The CArgentine Federation of Medium Enterprises (CAME), the Argentine Rural Society (SRA) and the Agricultural Intercooperative Confederation (CONINAGRO) They appeared on Friday before the Supreme Court of Justice of the Nation (CSJN) and the National Chamber of Labor Appeals (CNAT) for this purpose.
According to a joint statement, “this new presentation was based on the fact that the Supreme Court recently ruled on a labor case the inappropriateness of annual capitalization and the unreasonableness of the previous interest rate”.
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What the Supreme Court ruling said
In that case, the Supreme Court had indicated that: “In the case, “The periodic and successive capitalization of interest ordered resulted in a disproportionate economic result lacking support.”
He added that “in particular, even though the interest applicable to labor credits is a matter within the reasonable discretion of the judges in the case, it is possible to deviate from such principle when the questioned decision, in addition to lacking support legal, arrives at a manifestly disproportionate result that disregards the economic reality existing at the time of the pronouncement”.
“Consequently, the CNAT set the current interest rate intending to adapt to the aforementioned parameters, however, This solution is equally or even more disproportionate depending on the specific case.“said the press release.
The group of entities noted that “it is important to highlight that the rate refers to the application of the Reference Stabilization Coefficient (CER) plus six percent (6%) and implies setting an update index as an interest rate, which, “It is not permitted by law, and it has also already been outlined.”
“Conclusion, The entities ratify the solution provided in the previous presentation in the sense that the rate cannot be higher than that set for food trials in civil matters,” the statement concluded.
