In some events in which I participated, as well as in radio publications and programs in which I intervened I referred to the importance and imperative need to promote in our country an appropriate context to carry out a true modernization of the Labor Contract Law.
Indeed, the governing bodies must sponsor the appropriate scope to rethink the Argentine labor system and this implies neither more nor less to normalize (lead to the legal level) the new trends and social needs. There is no doubt, nobody escapes, that the reality prevailing at the time of the dictation of the Labor Contract Law (year 1974) is uncontrollable with the current one.
The unstoppable climbing of technology, the incorporation of artificial intelligence in industrial processes, the emergence of new business activities and new services, the contemplation of the employee no longer as a subordinate in the employment relationship but as a true collaborator of the businessman implies recognizing that there is a change of paradigms.
This change of paradigms (which – I insist – must materialize in a true labor reform) implies considering: that in the link or employment relationship both protagonists (entrepreneur and employee or collaborator) must win, that the efficiency of a collaborator is not measured in case it strictly complied with their workday but rather – on the contrary – it must be a metric in which the value that has also contributed as well as the results that it has achieved with its activity is evaluated.
It is time that we begin to think of the worker (collaborator) and the entrepreneurs in a different way.
During the year 2024, numerous norms that introduced reforms to the Labor Contract Law have been issued: DNU No. 70/2023 (which in the labor chapter is not in force); The Base Law (No. 27,742) that together with its Regulatory Decree No. 847/2024 are in force and other complementary norms issued by the Customs Collection and Control Agency complete the latest modifications in labor matters.
It should also be mentioned – in this reformist attempt – the bill presented to the Nation Congress by the National Executive Power in November 2024 and that is entitled “Promotion of Investments and Employment” that contemplates – in some of its articles – interesting reforms to the Labor Law that regulates labor relations.
That is, and as always, I conclude, the dictation of all these standards have a short time, and that, therefore, rethinking the Argentine labor system requires an absolute and comprehensive labor reform, the dictation of an updated and harmonious set of norms that converge, why not? in the dictation of our first Labor Law Code.
Finally, if we effectively want and think that we must be competitive, in which it is necessary to qualify as professionals, and that the business activity must be up to the modernity, it is already time to update our ancient and past fashion law.
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By CEDOC
