The labor reform project presented by the Government reaches its first debate in the Committee VII of the House of Representatives with some definitions, but almost with the articles proposed in principle without major changes, especially in key issues such as, for example, what concerns the controversial definitions at night, among other relevant aspects.

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One of the issues that has generated a lot of criticism and concern on the part of the country’s businessmen is that related to the labor contract, since with the project the temporary labor relationship modality would end. The presentation accepted the recommendations of the speakers and what was raised in the public hearings, for which reason the word ‘temporary nature’ was eliminated from article (47).

In the text it was left that contracts may be entered into for a determined time, for specific tasks. But it is also noted that the so-called 30-day notice returns, for when a worker decides to terminate the indefinite contract.

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But it clarifies that this notice does not apply when the termination of the contract is due to causes attributable to the employee.

Another of the issues of the reform that suffered adjustments at the suggestion of those who participated in the public hearings is related to workers’ compensation. So things, Some amounts were adjusted to the proposal that this compensation cannot be less than 45 days when the worker has a seniority of no more than one year.

In indefinite-term contracts, compensation will be paid as follows: 45 days of salary when the worker has a service period of no more than one year; If the worker exceeds that time of continuous service and less than five, they will be paid an additional 15 days of salary over the basic 45, for each of the years of service subsequent to the first, and proportionally by fraction.

But if the worker has five or more years of continuous service and less than 10, they will be paid an additional 30 days of salary over the basic 45 for each of the years of service subsequent to the first, and proportionally by fraction; And if the worker will complete 10 or more years of continuous service, he will be paid sixty 60 additional days of salary over the 45 basic days, for each of the years of service subsequent to the first, and proportionally by fraction, the project specifies with the changes. .

other changes

The project also imposes limits on companies regarding the use of the services of temporary service companies. Article 14 establishes that: «User companies may not enter into contracts with temporary service companies to attend to the company’s permanent needs», and adds that if the period stipulated in the law expires (for this), the original cause of the service object of the contract subsists in the user company, this can not extend the
commercial contract or enter into a new one with the same or a different Temporary Services Company.

The text of the project, whose presentation will be filed this Tuesday afternoon, includes 79 articles, of which 76 are original and three are new. One of the aspects that remains unchanged in the paper is article (16), which modifies the night schedule. This would go from 6 in the afternoon until 6 in the morning of the following day. Currently that day starts at 9 pm.

Another key issue addressed by this initiation has to do with the rural worker. Through article 133, the modality of agricultural wages is created to remunerate agricultural contracts.

And it warns that the worker or worker may agree with the employer the payment of the salary and in general of all their rights and obligations, which in addition to remunerating ordinary daily work, will compensate the value of all social benefits and legal benefits to that the agricultural worker is entitled to, such as premiums, aid and subsidies, not including vacations.

The project also makes it clear that, in no case, will the daily agricultural wage be less than the current legal daily minimum wage or that agreed in the sectoral collective agreement plus the benefit factor, which may not be less than 30 percent of said amount, value at which must also add 4 percent for family subsidy, which will be paid directly to the worker or worker.


And when companies carry out automation processes that imply the substitution of their personnel, the initiative that begins its discussion in Congress indicates that those companies that carry out these processes have the obligation to initiate training processes and reconversion of their staff in advance. affected, the relocation of the affected people in other tasks within their facilities.

But if none of the above alternatives is possible, companies must apply to the Ministry of Labor for authorization to dismiss these personnel, who must be indemnified under the new legal conditions.