On 29 February 2024, the National Supreme Court of Justice issued a ruling in the case Oliva, Fabio Omar v. COMA S.A. re. dismissal, whereby it established that the capitalization formula applied to employment lawsuits by the National Employment Appellate Court is disproportionate and contrary to the guidelines of the Argentine Civil and Commercial Code.
On Tuesday 3 May 2022, the Ministry of Labor, Employment and Social Security, through Resolution 826/2022, approved the collective agreement signed between the Argentine Federation of Commerce and Services Employees, the Argentine Chamber of Commerce and Services, the Argentine Confederation of Medium Enterprises and the Argentine Union of Commercial Entities. The Agreement establishes new salary conditions applicable to employees covered by the Collective Bargain Agreement 130/75 effective from 1 April 2022 to 31 March 2023.
By means of Decree 493/21 published in the Official Gazette on 6 August 2021, a benefit of reduction of an employer’s social security contributions was established for the case of new hiring of personnel who participate, or have participated, in Educational, Vocational Training or Labor Intermediation Programs of the Ministry of Labor, Employment and Social Security.
In the framework of the global pandemic caused by SARS-CoV-2, and given both the decrease of cases and the increase of vaccination in Argentina, through Decree 494/2021, the National Government has established new preventive measures applicable between 7 August and 1 October 2021, inclusive, attuned to those that were last implemented by means of Decree 413/2021.
Effective 7 July, Decree no. 438/2021 (“Decree”) establishes some modifications to the option regime that employees have in relation to medical coverage assigned, specifically in relation to the terms to exercise said option.
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.
In view of several controversies that have arisen during the last days, the Ministry of Labor, Employment and Social Security (“Ministry of Labor”), by means of a note, ratified the validity of Joint Resolution No. 4/2021, by which it has established that employers are entitled to summon workers included in the assumptions of exemption from the duty of attendance to face-to-face work if such workers have received at least the first dose of any of the vaccines intended to generate acquired immunity against COVID-19.
Within the framework of the economic emergency in occupational matters, currently in force at least until 31 December 2021, the executive has enacted Emergency Decree (DNU) No. 266/2021, by which it has extended the prohibition to dismiss without just cause, as well as to perform terminations or suspensions for lack or reduction of work, or for force majeure, until 31 May 2021.
By means of Resolution 54/2021, published on 5 February 2021, the Ministry of Labor, Employment and Social Security established that the Employment Legal Regime for Contracts of those Working From Home, set forth in Law No. 27,555 and Regulatory Decree No. 27/2021, will enter into force on 1 April 2021.
While Argentina continues to take steps to gradually reduce COVID-19 curfews and re-open its economy, it is also undisputed that many businesses have been seriously harmed during the lockdown, and are —or will be in the short run— in need of reducing their headcount, or even of a total shutdown of operations.