In brief
Emergency Decree 413/2021, published on 28 June 2021, has extended until 31 December 2021 the prohibition to dismiss without just cause and/or due to lack or reduction of work and force majeure, as long as the occupational emergency continues.
Moreover, the prohibition to carry out suspensions due to force majeure or lack or reduction of work has also been extended until 31 December 2021.
All dismissals and/or suspensions that are carried out by means of any of the listed assumptions will not be effective, and the existing labor relations and their current conditions will remain fully in force.
For dismissals without just cause, only an express consent given by the employee will validate the termination.
Finally, we remind that there are exceptions to this regulation.
For instance, the prohibitions set forth in the emergency decree will not apply to employment relationships entered into after 13 December 2019, or to those who are included in the labor regime for the construction industry, regulated by Law No. 22,250.
Similarly, suspensions contemplated under Section 223 bis of the Employment Contract Law (which mandatorily requires an agreement approved by the labor authority) are exempted from the general rule imposed by the emergency decree.
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