Any rumors on when you can fire people again in Arg?

[MorganF]

I'm asking for a friend...

Due to the pandemic, there is--apparently--a law that you're not allowed to fire anyone anymore in Arg, at least for all practical purposes. (Is my understanding correct?)

To the lawyers and friends here: any news or gossip on if/when they may wind this back and allow you to fire employees again?

Or--considering it is Arg--perhaps the answer is "never"?

Thanks!!!

 

[antipodean]

Despido

Si te despiden tienen que hacerlo por escrito y aclarar cuál es el motivo. Si tu empleador no acalara el motivo, el despido se considera sin causa y te corresponde una indemnización.

www.argentina.gob.ar

.

Decree 39/2021 extends the prohibition of dismissals without just cause and for reasons of lack or decrease in work and force majeure for 60 days as of January 30, 2021.

It is also prohibited to carry out suspensions for reasons of force majeure or lack or reduction of work for a period of 60 days from January 30, 2021, except for suspensions made in the terms of article 223 bis of the Labor Contract Law .

These prohibitions do not apply to the national public sector.

-----
My suspicion is that given it is an election year and the economy is still severely depressed, the government would be crazy not to extend these provisions again until at least after the elections (currently scheduled for the end of the year...)

Perhaps a lawyer could advise your friend how to restructure or disolve the company if having issues since ultimately a judgement can only force a company to pay with what it has available to pay with (the second-hand rumors I have heard regarding people laid off during this time, despite the law, are that they get their indemnities in small instalments over a period of time up to 30 years...)

 

[Iznogud]

The only thing preventing people from firing other people is the current mandatory double severance pay.

This been said, those doing the firing usually reach a CYA arrangement where the alternative offered is to pay in small installments thay can reach the following two or three reincarnations.

If this is conducted in real bad terms,
threatening with some serious legal / police involved claims also help move forward the negotiations. Sad but true.

One needs to look at the reasons for the firing. We are all in the same boat.

Iz

 

[jblaze5779]

The only thing holding this country together is thst people are getting paid for staying home and not doing anything. If layoffs are ever allowed this place will go down quick.

 

[jeff1234]

The only thing preventing people from firing other people is the current mandatory double severance pay.

This been said, those doing the firing usually reach a CYA arrangement where the alternative offered is to pay in small installments thay can reach the following two or three reincarnations.

If this is conducted in real bad terms,
threatening with some serious legal / police involved claims also help move forward the negotiations. Sad but true.

One needs to look at the reasons for the firing. We are all in the same boat.

Iz

What does this mean "..pay in small installments thay can reach the following two or three reincarnations..."

 

[Ceviche]

What does this mean "..pay in small installments thay can reach the following two or three reincarnations..."

Same question. Please explain

 

[antipodean]

What does this mean "..pay in small installments thay can reach the following two or three reincarnations..."

5000 pesos a month for the next 30 years - which by 2050 will be worth exactly 4 cents per month ;-)

 

[jeff1234]

We've been paying a cleaning lady for the last year but we don't want her to work because one of her other jobs is in a clinic. In the U.S. we'd make up a story that we are leaving the country and offer her a settlement, say we'll give her 1/3 of the total, lump sum, today to finish our obligation. Is there anything like that done here?

 

[antipodean]

We've been paying a cleaning lady for the last year but we don't want her to work because one of her other jobs is in a clinic. In the U.S. we'd make up a story that we are leaving the country and offer her a settlement, say we'll give her 1/3 of the total, lump sum, today to finish our obligation. Is there anything like that done here?

Not legally supported options to my knowledge ... You could offer an informal settlement but no guarantees it won’t come back to bite. Alternatively you could be creative and try to find her another placement in another household or workplace which is slightly more attractive so that she may choose to resign from you in order to accept it.

 

[Iznogud]

An agreement is reached when the terminated party sends a job resignation (free and registered) telegram informing the employer.

Once sent / received, the money is exchanged. Ways part. End of story.

Iz