Decree 438/2021 modifies the current regime regarding the free choice of social security companies for employees. The employees who start an employment relationship will have to remain at least one year in the mandatory health insurance coverage corresponding to their branch of working activity, before being able to change to another medical coverage provider. Likewise, […]
The Ministry of Health and the Ministry of Labour, Employment and Social Security issued joint resolution 4/2021, which provides that employers may ask all personnel, who have received at least the first vaccine against COVID-19, to work at the workplace, except for those employees who are included in the at-risk groups. The resolution also sets […]
On January 23, 2021, Decree 39/2021 was published, extending until December 31, 2021 the public emergency on occupational matters declared by Decree Nº 34/2019. In this regards, Decree 39/2021 also extends until December 31, 2021 the duplication of severance payment in case of dismissal without justified cause. Duplication involves all the severance compensation items derived […]
On January 20, 2021, the Decree 27/2021 (the “Decree”) regulating the Teleworking Law No. 27,555 (the “Teleworking Law”) was published. The Decree provides that the Teleworking Law shall not apply when the work is performed at the clients’ establishments on a continuous or regular basis, or in cases where the work is performed from time […]
On February 5, 2021, Resolution 54/2021 of the Ministry of Labor was published, providing that the Remote Work Law 27,555 will enter into force on April 1, 2021.
Recent Decree extends until 25 January 2021, the duplication of severance payment in case of dismissal without justified cause, regardless of the current prohibition on dismissals. Duplication involves all the severance compensation items derived from dismissals without cause.
The Decree 891/2020 extended the prohibition of dismissals: (i) without justified cause; or (ii) due to lack or reduction of work and force majeure, for a period of 60 days as from its original deadline (i.e. the prohibition is now extended until January 30, 2021). The Decree also extended the prohibition of unilateral furloughs on […]
The National Senate recently approved the Legal Regime of Teleworking Contract (“Teleworking Law”), which already had the approval of the Chamber of Deputies, thus acquiring the approval of both Chambers. We cannot rule out that the law could be modified at the time of its enactment by the Executive, or even substantially modified through regulation or collective bargaining. The following is a brief summary of the most relevant aspects regulated by the new Teleworking Law.
The Argentine Labour Court recently decided that the change of the employee’s working hours breached labour laws, since the working hours are an essential term of the employment contract and there was a change from a night shift to a day shift, and considering that the employee had worked the night shift for the last 17 years, the change therefore was to his detriment
A mandatory salary increase must be granted to all employees, regardless if they are under any specific collective bargaining agreement. The increase for each employee was established in AR$ 3,000 (paid with January´s salary) and an additional increase of AR$ 1,000 (as of February), meaning a total increase of AR$ 4,000. Those employees who have a reduced working day, the increase should be granted proportionately. Agricultural workers and personnel of private households are excluded from this measure