The ability of the La Libertad Avanza government to vote on an anti-popular law has no limits. This week a dozen ministers and officials walked through the offices of other parties to negotiate the ruling and that it be discussed in the Senate. Some governors or businessmen took the odd slice. But for working people, it is getting worse and worse.
This Thursday the text was known and one of the things that must be warned is that They want to deepen the labor reform that Deputies voted for.
These are two articles that were in Milei’s original proposal and They are taken from DNU 70/23 which we analyze here, although the “Work” chapter is suspended by justice.
1. Total freedom for labor fraud
One of these changes aims to completely legalize labor fraud, especially that carried out through the “location of works and services”, monotributismo. It does so through the new article 87. First, copied from the DNU, it reaffirms that some workers They do not enjoy the rights included in the Labor Contract Law (LCT). To the construction workers, domestic workers, rural laborers, as they were already outside, it now explicitly adds “the contracting of work, services, agency and all those regulated in the Civil and Commercial Code of the Nation.”
This is combined with the new article 87 bis, which also appears in the DNU. There, article 23 of the LCT changes at a stroke. He says that “the fact of the provision of services presumes the existence of an employment contract, unless…” and there he sets the trap: “The presumption contained in this article will not apply when the relationship involves contracting works or professional services or trades and receipts or invoices are issued. corresponding to said forms of contracting.”
That is: those who are forced by the company to enter under contracts “between parties”such as monotax or other forms of precarious contracts, nor will they enjoy the rights of any worker (collective agreement, bonus, social work, vacations, union organization) nor will they be able to claim against this labor fraud. That is what the Base Law legalizes. What many companies already do but others do not to avoid a labor claim, will now be “free.”
As the specialist in labor issues, Luis Campos, points out, “labor legislation will not apply if the parties “freely” decided to link themselves with a service location. This is the heart of the labor reform in terms of individual relationships: giving primacy to what the parties say (the contract they signed) over what the parties do (dependency relationship between an employer and a worker).”
1. We have an opinion in the Senate and we have a more regressive labor reform than the one that Deputies had approved. Two key words: delaborization and the right to strike. Thread waiting for the fine print (there may be some last minute changes, nothing substantial)
— Luis Campos (@luiscampos76) May 30, 2024
Can you imagine the possibilities you have to negotiate with the company’s Human Resources department if you need the job? Zero. There is going to be a festival of “work contracts”, until we become millions of “invoicers”.
2. Freedom to fire anyone who complains
The other is an attack on the right to strike and is also contemplated in the DNU. The new article 91 bis proposes modifying article 242 of the Employment Contract Law, which refers to “the termination of the employment contract for just cause.” That “right” applies to both parties when they feel “injured.”
What does Milei want to do? Let it become an anti-strike, anti-protest, anti-blockade, anti-union article. Because? Because he added a whole part that is only to favor one part, the businessmen. He says: “Active participation in blockades or takeovers of establishments may constitute serious labor injury as an objective cause for termination of the employment contract.” And then it continues with a list of actions that, if the worker does them, can be fired without any right or compensation: “serious injury is presumed to exist when, during a direct action measure: a) the freedom to work of those who do not adhere to the measure of force, through acts, events, intimidation or threats; b) the entry or exit of people and/or things to the establishment is totally or partially prevented or obstructed; c) damage is caused to people or things owned by the company or third parties located in the establishment (facilities, merchandise, supplies and raw materials, tools, etc.) or they are improperly retained.”
In other words, if a businessman does not pay your salary and a strike paralyzes his plant or spoils some of his raw materials, he may consider it an “insult” and leave you out on the street.
Also a protest in front of a factory, a strike that prevents the operation of an entire company (even those who do not adhere), if you look badly at a “ram” or a supervisor, can be grounds for dismissal “with just cause.” For Milei no law will be “fair.”
The fact is not coincidental. Within the Milei government there are members of the “Anti-Blockade Business Movement” like Patricia Bullrich. They already lost their first trial because even the judge said that a protest at the door of a company is a labor and constitutional right.
There can be no doubts: the entire law must be overturned in the streets
The new ruling shows that The changes negotiated between four walls cannot bring anything good to working people.. But the opinion also confirms all the attacks that have already come from Deputies: the “employment termination fund” to make it easier and cheaper, the increase in the trial period, the encouragement of outsourcing or discriminatory dismissal. In other words, even without the new changes, the labor reform was already reactionary.
After the general strike of May 9, which showed the strength of the working class, The union leaders say that they are against the Bases Law but they do not move a hair. They are limited to videos for Instagram, analysis or “plenaries” that do not call for anything. In other words, nothing at the level of the attack.
You have to cut with such gentleness with the right. That assemblies be called in unions and workplaces to discuss how this Law affects us and how we completely reverse it. That an active strike with mobilization be called when they treat it.
If they let it pass, they will be complicit in the looting of the country and all the working people.
Source: www.laizquierdadiario.com
