Lawyer. Employment advisor of companies and chambers of business. Academic Counselor for Libertad y Progreso.
CRONISTA – One and a half million jobs were lost, the underground economy exceeds 50%, and we beat all records for inflation, recession (stagflation) with the highest labor cost and labor taxes on the planet.
In this context, where conducive effectiveness is needed, where there must be management and efficiency, we see astonished the debates of the internal government and those of the ruling party and the opposition, which are bleeding the country, sick in intensive care, in urgent need of a change of diagnosis and of a rehabilitation and recovery plan that nobody is dealing with.
At this level, the story has taken hold of the militant opinologists, in a self-destructive context, while the country needs concrete decisions, facts that modify reality, clear policies with clear rules, and an economic plan that allows those who create wealth to guide decisions, instead of planning how to continue with business outside of Argentina.
It is true that some initiatives continue to operate on a day-to-day basis, such as the benefits of the ATP with wage subsidies and postponement or forgiveness of employer contributions, credits at a reduced rate, and subsidized suspension agreements
In this context, all the messages are contradictory.
We have a Telework Law that discourages remote contracting, when in the rest of the world it is the most dynamic source of employment with the best results in the context of the pandemic, and in a terminal effort we want to try to amend with a regulation in the cornice of constitutionality.
In turn, a labor court that confusing the applicable law imposes the payment of 100% of the salary to the workers suspended by art. 223 bis (LCT) who receive income without working, protecting a legally protected asset of higher hierarchy such as the validity and continuity of the employment contract.
A legislator that increases the labor statute of limitations from 2 years to 3 years in cases of dismissal and to 5 years in individual and collective claims, increasing expectations of judicial adventures and unpredictable costs, fostering the trial industry.
The Supreme Court, contrary to its own recent jurisprudence, declared the exclusive participation of the union with legal status in collective bargaining constitutional, and disqualified a union that was simply registered to participate in said bargaining by the minority.
The funny thing is that all these measures are made in the name of worker’s rights, and each and every one of them hinders or inhibits the creation of new sources of work, harms who is already working, increases the cost of future jobs. , and close the door on new ventures.
In everyday professional experience we are dedicated to solving the problems that each company has, with the available resources, in a context of total uncertainty and total unpredictability. For that, we cannot waste a single moment in listening to or discussing the issues that have taken over the public debate every day, contaminating reality with so many opinions and nuances that it is difficult to know what to expect.
What is needed TODAY to face this stark reality:
- That the support and help package be defined for companies to reactivate their industry to the new scenarios that reality offers;
- That monetary policy and exchange policy be clearly established;
That a pension and fiscal reform be clearly assumed that lowers taxes on work and social charges, which are still the highest in the known world; - That all activities with intensive labor are favored with promotional norms;
- That we have standards in the knowledge industry that allow and promote the creation of unicorns, and that allow us to realize the potential we have in virtual reality and artificial intelligence;
To return to the culture of work, to meritocracy where the best are rewarded and encouraged, and that success be celebrated and rewarded with the support of the entire community; - That the three powers of the State operate within the provisions of our Magna Carta, respecting and ensuring respect for our legal system, at all levels of institutional life.
- That the right to property, the right to exercise any legal industry, the right to work, fundamental requirements that make up the dignity of man, as mandated by our National Constitution, be respected.
- We should repudiate contradictions, lies and the subordination of man to ideology, especially when it leads to infringement of fundamental rights, and in particular the right to the full exercise of freedom.
In this plane, to each problem a solution, to each symptom a diagnosis and treatment, to a statement the protection of the facts that support it, the discourse does not serve to resolve the situation, in a context where those who are not punished They commit crimes, insecurity increases at all levels, and it is a matter of co-opting constitutional power with solutions typical of a tyranny.
If we do not find the entrance to constitutional life through the large door that it offers us, all other roads lead to chaos, disorder and the law of the fittest, in a society that mostly wants to live in peace and prosperity.
