The bill contains important forecasts that will reduce labor costs and encourage the formal hiring of new workers.
Precisely, the first two titles are called “labor modernization” and “employment incentive.” Next, we will review the impact they have on social security obligations.
“Non -remunerative” social benefits. According to the terms of project, the employer may deliver to the worker benefits with a nature of social benefit for which social burdens will not be taxed, which allows to value the worker’s remuneration without increasing the cost of social security taxes.
The following are included:
– The “vouchers”Food to provide lunch, refreshment or dinner during the work day. Currently, the Labor Contract Law only considers social benefit – and therefore does not pay social charges – to the dining service in the company.
-They are incorporated into the social benefits, reimbursements of expenses for hiring nursery personnel, maternal room for children up to 6 years of age, or non -therapeutic caregiver of sick people or with disabilities in cases where the company will not have those facilities.
-The provision of devices of any kind is added and the payment is paid, or the provision of a mobile and/or internet access service for the worker and/or his family.
-The payment or reimbursement of the social quota and/or services of clubs, gyms, civil associations or recreational entities for the worker and/or his family group is included
Overtime. The project proposes to modify the regulation of extra hours, allowing collective work conventions to be able to:
-Stage hours of hours (accumulation of overtime to compensate them with breaks).
-Plimment compensatory francs.
-Hard day regimes according to the activity.
The minimum of 12 hours of rest is maintained between days to guarantee the health and safety of the worker.
With this flexibility, additional payment in remuneration for overtime can decrease. If a worker compensates for overtime with rest days instead of receiving additional payment, social loads would not be accrued for those hours of work.
Employment incentives. Some issues are these:
Fiscal credit bonus for new hiring. The project proposes a fiscal credit bonus to cancel national taxes, to encourage the hiring of new employees. It applies to labor relations that increase the payroll, initiated within the first 18 months of the law, a term that can be extended by the Executive Power for another period equal.
The benefit consists of a percentage of the employer contributions paid to the SIPA (Argentine pension integrated system) during the first 12 months from the start of the new employment relationship, inclusive. The percentage varies dependent on the type of company, according to the following scheme:
-Microenterprises: 100%.
-Pockers: 75%.
-Median companies: 50%.
-Ceapstones: 25%.
The project clarifies that the employer will maintain the benefit regardless of any change in the condition of micro, small or medium enterprise.
This benefit does not apply to differential and special pension regimes and it is mentioned that eventual service companies that make workers available to third parties will be able to access the benefits in the terms and conditions established by the regulations.
Fiscal Credit Bonus for hiring public sector employees. A tax credit bonus of 100% of the employer contributions for employers who hire workers of the national, provincial or municipal public sector in the first 18 months from the entry into force of the law is established.
This benefit does not apply to workers who had a category of director or higher in the last 12 months.
In order for employers to hire workers from the provincial and/or municipal public sector to access the benefit, the jurisdictions must expressly adhere through their own norm and offer similar tax reductions in amount and term.
They are excluded, both for the fiscal bonus for private and public employees, the differential and special social security pension regimes.
Likewise, both will apply on a gross salary cap of up to $ 1,000,000, which will be updated in a quarterly manner automatically by CPI.
Faced with the high levels of labor informality that the country suffers from decades, which causes not only labor precariousness but also the de -financing of the National Social Security System, the review project looks like a good tool to combat this problem without going to the so used option to create more taxes.
*Julián Ortiz Alonso is a managing lawyer of the Department of Lisicki Tax and Social Security, Litvin & Abelovich.
By Julián Ortiz Alonso
