DNU 528/2020 Y 529/2020 and the Resolution of the Ministry of Labor 475/2020
We inform that they have been published in the B.O. the DNU 528/2020 Y 529/2020 and the Resolution of the Ministry of Labor 475/2020. We attach the standards.
Based on them, the following has been established:
- DNU 528/2020
- Enlarged by 180 days - from 10/06/2020- the public emergency in occupational matters that had been declared by the DNU 34/2019 of 13/12/2019.
- In consecuense, arranged that, until the 06/12/2020, in case of dismissal without cause, the affected worker will have the right to receive double the corresponding compensation, which includes all compensation items originated due to the unwarranted termination of the employment contract.
- Double compensation will not be applicable to:
– The contracts entered into as of 14/12/2019;
– National Public Sector Personnel.
In addition, we remember that, parallel, the prohibition of dismissals without cause and for reasons of lack or reduction of work and force majeure is in force until today 28/07/2020, inclusive.
- DNU 529/2020
It determined that the temporary limits stipulated for suspensions unilaterally ordered by the employer in the terms of arts. 220, 221 Y 222, They will not govern for suspensions in the terms of art. 223 bis of the LCT, as a consequence of the health emergency and that this type of suspension may be extended until the end of the "social isolation, preventive and mandatory " (“ASPO”) established by Decree No. 297/20 and its extensions.
We consider that this DNU raises more questions than solutions since:
- Art. 223 bis of the LCT did not stipulate any time limitation - so no clarification was needed in this regard-;
- There are agreements in the terms of art. 223 bis that have agreed suspensions for a period that will probably go beyond the termination of ASPO, finding then in this DNU an unjustifiable limitation.
- Resolution Ministry of Labor 475/2020
- Extended by 60 days the resolution of the Ministry of Labor 397/2020.
- This means that the criterion and procedure for the automatic approval of the Suspension Agreements is extended for June and July in the terms of art. 223 bis as long as they are celebrated in accordance with the Framework Agreement of the CGT and the UIA.
- We remember that, in general terms, in said Framework Agreement the following was established:
– Term of the suspension until 60 days;
– Non-remunerative benefit in compensation for the suspension cannot be less than 75% of the net salary that would have corresponded to the worker in case of having worked.
– About him 75% payment of all contributions and contributions must be made by law 23.660 Y 23.661 and the payment of the union dues.
– If the Supplementary Salary is received, it can be considered part of the non-remunerative benefit.
– Those who work from the place of isolation cannot be suspended, people over 60 years, pregnant women and workers included in the risk group defined by the national health authority.
4. The presentations made by the parties for the application of suspensions in accordance with article 223 bis that do not fully comply with the Framework Agreement of the CGT and the UIA will be subject to the prior control of the Ministry of Labor that, in each case, indicate the considerations that correspond in order to the required procedure.
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