The world of work changed, the forms of work changed -today according to ILOs are called atypical forms of employment -, organizational structures fucking and became more flat. Uncertainty, complexity and volatility dominate the scene. What did not change are labor laws in Argentina, which remain solid and proof of everything.
Although today more than ever it becomes imperative to update labor regulations to the reality of these days, it happens that we are really structuring the employment relationship and employment with provisions of different legal hierarchical order sanctioned and in force of until 81 years ago. For example, the traveler’s law, or the LCT dates from 51 years ago, the Guild Association Law With about 40 years of age and other labor impact laws related to decrees, resolutions and an incomprehensible and creative salad of incredible amounts of conflicts, the basis of the trial industry that suffocates SME companies, which make up 98 % of companies in the country, but also to the largest and global.
Our regulations seem to be written in gray, where the jurisprudence practically does not exist, where everything is litigation and where the laws oppose provisions of the National Constitution.
Argentina requires a solid, coherent and clear labor legal and pension body. But above all aligned with the reality of the activities of companies that allow their processes and businesses to flow, that formal employment grows and the informal decreases or disappears.
An alternative would be to rethink a labor code that includes a single legal and clear legal body for the community of companies and workers.
Dozens of nearby countries have it: Republic of Paraguay, Dominican Republic, Ecuador, Spain, Peru, Chile Guatemala, Costa Rica. A clear example is Convention 181 of the ILO to which several of the aforementioned countries have adhered. The law would pave the way. But with that it is not enough. We need an own labor and pension code.
While this request is part of the narrative of referents of various sectors, the feeling of hopelessness in our legislators opaque any attempt to activate from the business union.
So much, you have to be honest. Bases F Lawthat received with joy in practical labor and immediate application matters such as, for example: simplification of labor records, expansion of the trial period, Enabling of the Labor Cessation Fund, the elimination of labor fines, the flexibility in maternity license, the freedom of hiring in agricultural work.
It is an advance that shows the direction desired by the Government and part of the Congress, but is insufficient. At this step we never reach the current reality.
Among other things, key issues remain to boost the labor market: better regime of labor internships, flexibility in temporary work, vacation enjoyment throughout the year, more legal certainty at work, Return from home to face to face -to -face and vice versa, flexible schedules for each activity and moments of the year, less holidays, collective bargaining by company, functional mobility of employees, realism in the number of base delegates.
To promote the competitiveness of the country, labor modernization must be part of the priority development agenda of this government.
By Carlos Contino
