Let us remember that the double indemnization does not apply to workers hired with a new job since the validity of DNU 34/2019 as of mid-December 2019, nor does the prohibition of suspending or dismissing workers hired for a new job since the 1st. From April 2020 onwards. 

According to Indec data, the total number of jobs decreased during the third quarter of 2020 by 9.2% compared to the same period in 2019, to reach 18 .8 million jobs. Currently the unemployment rate in Argentina is 11.7%.

Decree 39/2021

DECNU-2021-39-APN-PTE - Deadline extended. City of Buenos Aires, 01/22/2021

DECREES: 

ARTICLE 1.- The public emergency regarding occupation is extended until December 31, 2021ional declared by the Decree of Necessity and Urgency No. 34/19 and expanded by its similar Nos. 528/20 and 961/20. 

ARTICLE 2.- The prohibition of dismissals without just cause and for the causes of lack or reduction of work and force majeure is extended for a period of NINETY (90) calendar days counted from the expiration of the period established by the Decree of Necessity and Urgency No. 891/20.

ARTICLE 3.- The prohibition of suspensions due to force majeure or lack or reduction of work is extended for a period of NINETY (90) calendar days counted from the expiration of the period established by the Decree. No. 891/20.

They are exempt from this prohibition and from the time limits provided for by articles 220, 221 and 222 of the Contract Law.of Labor, the suspensions carried out under the terms of article 223 bis of the Labor Contract Law (t.o. 1976) and its amendments, as a consequence of the health emergency. 

ARTICLE 4.-Dismissals and suspensions that are ordered in violation of the provisions of article 2 and the first paragraph of article 3 of this decree will not produce any effect, and labor relations will remain in force. existing and their current conditions.

ARTICLE 5.-During the validity of the occupational emergency, in cases of dismissals without just cause not questioned in their extinguishing effectiveness, the affected worker or the affected worker will have the right to receive double the corresponding compensation, in the terms of the aforementioned Decree of Necessity and Urgency No. 34/19.

ARTICLE 6.- For the purposes of establishing the calculation of the definitive compensation, in the terms of article 5 of this decree, the amount corresponding to the duplication may not exceed, in any case, the sum of FIVE HUNDRED THOUSAND PESOS ($500,000).

ARTICLE 7.- For a period of NINETY (90) calendar days counted from the validity of this decree, the COVID-19 disease caused by the SARS-CoV-2 virus will be presumptively considered an occupational disease. -not listed- in the terms of section 2, subsection b) of article 6 of Law No. 24,557, with respect to all the dependent workers included in the scope of personal application of Law No. 24,557 on Occupational Risks and that they have effectively performed tasks in themselvesyour usual places, outside your home. 

In the case of health workers and members of federal or provincial security forces who are performing effective service and during the period indicated by article 4 of the Decree of Necessity and Urgency No. 367 of April 13 of 2020, modified by article 34 of the Decree of Necessity and Urgency No. 875 of November 7, 2020, the Central Medical Commission (C.M.C.) must understand that the contingency has a direct and immediate causal relationship with the work carried out, unless the non-existence of this last factual assumption is demonstrated in the specific case. 

The rules contained in articles 2 and 3 of the Decree of Necessity and Urgency No. 367/20 will apply in this regard. 

The financing of these benefits will be chargedto the OCCUPATIONAL ILLNESS TRUST FUND created by Decree No. 590/97 in accordance with the regulations issued by the SUPERINTENDENCE OF WORK RISKS and the maintenance of a minimum reserve equivalent to TEN PERCENT (10%) of the resources must be guaranteed. of the latter, in order to assist the cost of benefit coverage for other possible occupational diseases, as determined in the future. 

ARTICLE 8.- The MINISTRY OF LABOR, EMPLOYMENT AND SOCIAL SECURITY is empowered to arrange the extension of the period provided for in article 7 of this decree as well as to modify the amount of the fixed sum intended for the financing of the TRUST FUND. OF PROFESSIONAL DISEASES. 

ARTICLE 9.- The provisions of articles 2, 3, 4, 5 and 6 hereof will not be applicable to thecontracts concluded after the entry into force of the Decree of Necessity and Urgency

No. 34/19, nor to the National Public Sector defined in article 8 of Law No. 24,156 and its amendments, regardless of the legal regime to which the personnel of the organizations are subject, nor to companies, companies or entities that comprise it. 

ARTICLE 10.- This decree will come into force from the day of its publication in the OFFICIAL BULLETIN. 

http://aim-rosario.org.ar/uploads/Novedades %20AIM/Dec-39-2021.pdf