The text sets out the conditions for the payment of a non-gratuitous allowance for employees in the private sector.
This midnight was published in the State Gazette, the decree whereby companies have to pay a bonus of 5,000 pesos to their employees to compensate for the loss of purchasing power against high inflation in the country.
The bonus, originally made for employees in the private sector (the government also receives them), is part of the agreement that the General Confederation of Labor (CGT) concluded with the business community on Tuesday 6 November.
"The recent measurements by the competent government agency have produced a cyclical variation of the general level of the consumer price inflation index, and given the socio-economic consequences of this phenomenon, it is urgent and necessary to take appropriate measures so that, with in view of the speed of the case, the purchase standards of the fees considered by the collective parties at the time they hold the above are maintained, agreements ", explains the decision signed by President Mauricio Macri, the articles of which, 7, 8 and 9 refer to the prior communication procedures for dismissals without valid reason.
MISSION – Decree 1043/2018
ARTICLE 1.- With effect from November 1, 2018, determine a non-gratuitous benefit for all employees in the private sector, worth PESOS FINUEL MIL ($ 5,000), which will be awarded by the employers in the following way: a ) FIFTY PERCENT (50%) with the salaries of the month of November 2018, payable in the month of December 2018 and b) the FIFTY PERCENT (50%) that remains with the salaries of the month of January 2019, payable in the month of February 2019.
ARTICLE 2. – When the provision of services is inferior to the statutory or conventional day, the employees will receive the assignment proportionally, according to the settlement mechanisms provided for in the applicable collective agreement or, in addition, according to the general rules contained in Act No. 20,744 (until 1976) and his amendments.
ARTICLE 3.- The signatories of the collective labor agreements, representatives of the employees and employers, in the exercise of their collective autonomy, can adjust the implementation of the provisions of this decree in terms and amounts for those activities or sectors that are mainly crisis or decline productively.
ARTICLE 4.- The signatories of the collective labor agreements who have jointly agreed to an increase in the income of the employees can, in the concept of salary reform of the directive agreed in the collective bargaining of the year 2018, compensate for that increase with the total amount of the allocation laid down in Article 1 of the present agreement to their agreement, unless they expressly agree not to absorb it.
The signatories to the collective agreements may show that the amounts referred to in Article 1 of this Article are calculated up to that amount on the basis of the amounts corresponding to the salary review of the pattern corresponding to the collective bargaining of the year. 2018.
Employers who have unilaterally granted an increase in the income of employees from 1 January 2018 can compensate them until they agree with the total amount of the allocation laid down in Article 1 of this Article.
In the cases where the creation, compensation or absorption of the allowance as laid down in Article 1 of this Decree will be instrumented, it will, if applicable, acquire a remunerative character.
ARTICLE 5.- Employees of the national, provincial and municipal public sector, regardless of their type of relationship and / or the applicable employment regime, are excluded from the scope of this decision.
Workers of the agricultural labor regime, regulated by Law No 26.727, and of the special work schedule for personnel of private houses, regulated by Law No 26.844, are also excluded from this decree, without prejudice to the provisions of this Act. which the competent authorities can establish.
CHAPTER II PRIOR COMMUNICATION PROCEDURE FOR DISTINCTS WITHOUT LEGAL ORDER CAUSE ARTICLE 6. – Until March 31, 2019, instituting a procedure by which employers, before arranging redundancies without a valid reason for employees with an employment contract for an indefinite period, must submit the decision to the MINISTRY OF PRODUCTION AND WORK communicate with an anticipation of not less than ten (10) working days prior to making it effective.
ARTICLE 7.- The MINISTRY OF PRODUCTION AND WORK, ex officio or at the request of a party, may convene the employer and the employee together with the relevant trade union assistance to, during the term set forth in Article 6 thereof, conduct the hearings that it deems necessary to think about the conditions under which the future termination of employment will take place.
ARTICLE 8.- Failure to comply with the provisions of this chapter will result in the application of the sanctions provided for in Annex II of Act No. 25.212 and its amendments.
ARTICLE 9.- With the exception of the procedure laid down in this chapter, the personnel of the construction industry, hired in accordance with the conditions of Act No. 22.250.