Working Information

I.- MINIMUM AND MAXIMUM TAXABLE REMUNERATIONS SUBJECT TO SOCIAL SECURITY CONTRIBUTIONS AND SOCIAL WORKS SYSTEM FROM SEPTEMBER 2020

The minimum and maximum tax bases of remunerations subject to Social Security contributions and the Social Works System from the period accrued in September 2020 will be PESOS SIX THOUSAND ONE HUNDRED FIVE AND SEVENTY-NINE CENTS ($6,105.79.- ) and PESOS ONE HUNDRED NINETY-EIGHT THOUSAND FOUR HUNDRED THIRTY-FIVE AND FIFTY-TWO CENTS ($198,435.52.-) respectively. This is provided by ANSES Resolution 235/2020, Article 3 (B.O. 09/07/2020).

Consequently, the minimum remuneration applicable for the calculation of contributions and contributions to the Social Works System will be PESOS TWELVE THOUSAND TWO HUNDRED ELEVEN AND FIFTY-EIGHT CENTS ($12,211.58.-) since, as recalled, this is equivalent to twice that applicable toSocial Security contributions (Decree 921/16, Article 3).

II.- ADIMRA-UOMRA AGREEMENTS: NATIONAL MINISTRY OF LABOR APPROVALS

1.- EXTRAORDINARY NON-REMUNERATIVE GRATIFICATION:

Resolution 2020-1117-APN-ST#MT of September 4, 2020, approved the salary agreement signed on 08/18/2020 between UOMRA and ADIMRA, for which the payment of an extraordinary bonus of $30,000 was agreed. , which must be paid in five installments of six thousand pesos, payable together with the salaries for the months of August, September, October, November and December 2020.

We remember that:

1.- In order to receive the agreed sum, it will be a condition that the employment contract is valid as of the last day of the month immediately preceding the payment date. 2.- The item must be paid under the denomination of "Extraordinary non-remunerative gratuity agreement UOM August 2020, installment no. [●]", in full or abbreviated form, with indication of the respective installment number. 3.- The aforementioned amount will be paid in full except for absences for unjustified reasons and proportionally to those who work hours shorter than the legal one, under the modality of part-time work or reduced hours (arts. 92 ter and 198 of the LCT). It will also be considered proportionally for the calculation of the non-remunerative monetary benefit provided for in the suspension framework agreement (LCT, Art. 223 bis) in force between the parties. 4.- The bonus will be absorbable and/or compensable until its concurrence with the amounts delivered by employers since April 1, 2020 in excess of the values ​​contemplated in CCT 260/75 detailed (bonuses, bonuses and/or deliveries andxtraordinary); 5.- Given its non-remunerative nature, it will not generate contributions or contributions to the social security subsystems, nor union dues or contributions of any other nature, with the sole exception of: a) The union dues payable by workers affiliated to the UOMRA, which companies must retain from the amount of the bonus. b) A contribution made by all workers included in CCT 260/75 and a proportional contribution that companies must pay towards the OSUOMRA social work (in a percentage of an amount similar to that provided for by law 23,660), calculated on the amount of the bonus and with respect to all workers included in this agreement, regardless of whether they have opted for another social work. The deposit of said sums (points a and b above) must be made, in the case of the union dues, in the account bancaria in which said concept is usually deposited, and the contribution and the contribution destined for OSUOMRA in the bank account reliably notified by the union entity through the receipt published on its website (www.uom.org.ar). 6.- Those companies represented by the signatory entities that are included in the Productive Recovery Programs, or have open Crisis Preventive Procedures, or are included in the Occupational Emergency Programs or that are in crisis situations that prevent them from comply with the agreement, they may adapt the implementation of the provisions of the agreement by signing agreements with the union representation, at the level of the respective Sections.

2.-EXTEND SUSPENSION AGREEMENT ART. 223 BIS

By Resolution of the SecNational Labor Registry No. 1134/2020 On 9/8/2020, the ADIMRA-UOMRA agreement was approved, which stipulates the extension under the same terms and conditions until December 31, 2020 of the validity of the framework agreement for suspensions in the terms of Art. 223 bis LCT of workers, which was signed on April 28, 2020, it is important to highlight that:

·        Companies will be able to settle the agreed monetary benefit on account from the month of August

·        The Exceptional Contribution of companies to OSUOMRA is raised from $80 to $100 for each worker and for each day of suspension.

·       Companies that wish to do so must re-adhere to the Agreement, as it is a new File, through the procedure thatIt is detailed in the ADIMRA Single Window. We reiterate that both the companies that did not adhere to the first agreement, as well as those interested in continuing, will have to join again because it is a new file.

You can access all the information through the following link: https://www.adimra.org.ar/ventanilla/programa/como-adherir-a-la-prorroga-del -agreement-adimra-uomra-art-223-bis-lct?utm_source=email_marketing&utm_admin=14006&utm_medium=email&utm_campaign=LABOR_INFORMATION_REMINDERS_AND_NEWS

III.- ADIMRA-ASIMRA AGREEMENTS (METALLURGICAL SUPERVISORS)

1. PRÓRROGA AGREEMENT SUSPENSIONS ART. 223 BIS LCT

ADIMRA and other metallurgical chambers have agreed with ASIMRA to extend the Framework Agreement for 156 (one hundred and fifty-six) days by art. 223 bis of the LCT signed on April 30 and whose expiration occurred on July 30 ppdo. This last agreement was approved by RESOL-2020-807-APN-ST#MT

The new agreement - which has not yet been approved -   is valid until December 31, 2020 and establishes for companies that adhere the possibility of settling the monetary benefit corresponding to workers suspended during the month of August in the terms agreed in the agreement until it is approved by the MTEySS.

The extension was agreed on the same terms and conditions, with a single modification consisting of raising it to one hundred and seven pesos ($107) per cagives the worker and for each day of suspension the exceptional contribution payable by the companies established in point 2.11. of the agreement, destined for OSSIMRA and to face the increased costs of health care within the framework of the current health emergency.

Once the new extension agreement has been approved, we will inform the companies' accession procedure through the ADIMRA Single Window.

1. EXTRAORDINARY NON-REMUNERATIVE GRATIFICATION

On Friday, August 28, ADIMRA and other member chambers of the Metallurgical Negotiation Unit, signed an agreement with ASIMRA for an EXTRAORDINARY NON-REMUNERATIVE GRATIFICATION for workers covered by CCT No.: 216/93, 233/94, 237 /94, 246/94, 247/95, 248/95, 249/95, 251/95, 252/95, 253/95, 266/95 and 275/75 from $35.000 (PESOS THIRTY-FIVE THOUSAND) to be paid in 5 (five) monthly and consecutive installments, of $7,000 (PESOS SEVEN THOUSAND) each, payable together with the salaries for the months of August, September, October, November and December of 2020.

The agreement, which has not yet been approved, is valid until December 31, 2020 and the following is highlighted regarding the agreed bonus: a) To receive the agreed sum, it will be a condition that the employment contract is in place. effective as of the last day of the month immediately preceding the payment date. b) It will be settled under the concept: “Extraordinary non-remunerative gratification according to ASIMRA August 2020, Installment No. __”. c)  In no case is it incorporated into basic salaries during the term of this agreement. d) It will be absorbable and/or compensable until it is met with the amounts delivered for thes employers since April 1, 2020 in excess of the values ​​contemplated in the respective detailed collective bargaining agreements (bonuses, gratuities and/or extraordinary deliveries); e) It will be paid in full, except in cases of absences for unjustified reasons and proportionally to those who work shorter hours than the legal one (part-time or reduced working hours); f)  The agreed non-remunerative extraordinary bonus will be considered proportionally for the calculation of the non-remunerative monetary benefit provided for in clause 2.5. of the suspension agreement within the framework of art. 223 bis of the LCT extended until December 31, 2020. g)   It will be non-remunerative and will not be contributory for any purpose nor will it generate contributions and contributions to the social security subsystems, nor union dues or contributions of norof any other nature, with the sole exception of: i- the union fee charged to workers affiliated with ASIMRA, which companies must retain -at the respective percentage- from the extraordinary bonus. ii- a “solidarity contribution” in favor of ASIMRA and in charge of each of the workers not affiliated with the union entity included in the respective detailed collective agreements, consisting of two and fifty hundredths percent (2.50%) of the amount of the extraordinary gratification agreed here. iii- the contribution made by all workers included in the respective detailed collective agreements and the proportional contribution that companies must make towards the OSSIMRA social work (equivalent to those provided for in Law 23,660). For contributions withheld in points i. and ii. Companies must make the corresponding deposittooth in the usual bank account for that concept, and for the contribution and the contribution destined for OSSIMRA (iii.) in the bank account reliably notified by the union entity and through the ticket published on its website (www.asimra.org .ar).

IV.- LEGAL REGIME OF THE TELEWORK CONTRACT Law 27555 (B.O. 08/14/20): COMMENTS

We remember that on 07/30/2020, Law 27,555 was sanctioned in the National Congress, which regulates the teleworking modality, which was promulgated by Decree 673/2020 and published in the B.O.R.A of 08/14/20.< /p>

 The rule will come into effect after 90 days from the date of end of the validity of the preventive and mandatory social isolation measure, and its purpose is to establish the minimum legal budgets for the regulation of the modality of Teleworking in those activitiesities, which due to their nature and particular characteristics allow it. 

It will be necessary to comply with the regulations that may be issued by the Ministry of Labor of the Nation, and especially with the determination that the Collective Labor Agreements make in the future, in particular on specific aspects of the regulation of this modality, that will be established within the framework of collective negotiations, which implies a prior discussion between the unions and the corresponding business chambers.

The axes and central points that can be highlighted from the standard are the following:

DEFINITION (incorporation Art. 102 bis LCT): There will be a teleworking contract when the performance of acts, execution of works or provision of services, in the terms of articles 21 and 22 of this law, is carried out totally orpartially at the home of the person who works, or in places other than the employer's establishment or establishments, through the use of information and communication technologies. The minimum legal budgets of the teleworking contract will be established by special law. The specific regulations for each activity will be established through collective bargaining, respecting the principles of public order established in this law.

RIGHTS AND OBLIGATIONS: People who work hired under this modality, under the terms of article 102 bis of the Employment Contract Regime approved by law 20,744 (t.o. 1976) and its amendments, will enjoy the same rights and obligations as people who work in person and their remuneration cannot be less than what they received or will receivestill under the face-to-face modality. Collective agreements must, according to the reality of each activity, provide for a combination of in-person and teleworking benefits.

WORKING DAY: The working day must be previously agreed in writing in the employment contract in accordance with the current legal and conventional limits, both with regard to what is agreed upon per hour and by objectives. The platforms and/or software used by the employer for the specific purposes of teleworking, and registered in accordance with the provisions of article 18 hereof, must be developed in accordance with the established working day, preventing connection outside of it. /p>

RIGHT TO DIGITAL DISCONNECTION: The person who works teleworking will have the right not to be contacted and to disconnect from digital devices and/or information technologies.on and communication, outside of their working hours and during leave periods. You cannot be sanctioned for making use of this right. The employer may not require the person who works to perform tasks, nor send communications, by any means, outside of working hours.

CARE TASKS: People who work under this modality and who prove that they are responsible, solely or jointly, for the care of people under thirteen (13) years of age, people with disabilities or older adults who live with the working person and who require specific assistance, will have the right to schedules compatible with the care tasks in their charge and/or to interrupt the day. Any act, conduct, decision, retaliation or obstruction coming from the employer that harms these rights will be presumed discriminatory and the provisions of the law will be applicable.to law 23,592.

Through collective bargaining, specific guidelines may be established for the exercise of this right.

VOLUNTARIITY: The transfer of those who work in a face-to-face position to the teleworking modality, except in cases of duly accredited force majeure, must be voluntary and provided in writing.

REVERSIBILITY: The consent given by the person who works in a face-to-face position to switch to teleworking may be revoked by them at any time during the relationship. In such case, the employer must provide tasks in the establishment in which they were previously provided, or failing that, in the one closest to the dependent's home, where they can be provided. Unless for well-founded reasons the satisfaction of such duty is impossible.

Failure to comply with this obligation will be considereddo violating the duty provided for in article 78 of the Employment Contract Regime approved by law 20,744 (t.o. 1976) and its amendments. The employer's refusal will give the person who works under this modality the right to consider himself or herself in a situation of dismissal or to take action to reestablish the opportunely modified conditions.

In contracts where the teleworking modality is agreed upon at the beginning of the relationship, the eventual change to the in-person modality will operate in accordance with the guidelines established in the collective bargaining.

WORK ELEMENTS: The employer must provide the equipment -hardware and software-, work tools and support necessary for the performance of the tasks, and assume the costs of installation, maintenance and repair thereof, or the compensation for the use of tools owned by the person who workedto. Compensation will operate in accordance with the guidelines established in collective bargaining.

The person who works will be responsible for the correct use and maintenance of the work elements and tools provided by their employer; they must ensure that these are not used by people outside the employment relationship or contract. In no case will it be liable for normal wear and tear resulting from use or the passage of time.

In case of damage, breakage or wear in the elements, instruments and/or technological means that prevent the provision of tasks, the employer must provide their replacement or repair in order to enable the provision of tasks. The time required to comply with this employer obligation will not affect the right of the working person to continue receiving the usual remuneration.

GA COMPENSATIONSTOS: The person who works under the teleworking modality will have the right to compensation for the higher expenses in connectivity and/or consumption of services that they must face. Said compensation will operate in accordance with the guidelines established in collective bargaining, and will be exempt from the payment of income tax established in law 20,628 (t. o. 2019) and its amendments.

TRAINING: The employer must guarantee the correct training of its employees in new technologies, providing courses and support tools, both virtually and in person, that allow better adaptation of the parties to this type of work. It will not imply a greater workload. It may be carried out jointly with the representative union entity and the Ministry of Labor, Employment and Social Security of the Nation.

COLLECTIVE RIGHTS: IndividualsThose who work under the teleworking modality will enjoy all collective rights. They will be considered, for the purposes of union representation, as part of the group of those who work in person.

UNION REPRESENTATION: Union representation will be exercised by the union association of the activity where it provides services, under the terms of Law 23,551. People who work under this modality must be attached by the employer to a work center, productive unit or specific area of ​​the company for the purposes of electing and being elected, to integrate the bodies of the union association.

WORK HYGIENE AND SAFETY: The enforcement authority will dictate the rules relating to hygiene and safety at work with the aim of providing adequate protection to those who work under the modalityteleworking work. The control of compliance with this regulation must have union participation. Likewise, the enforcement authority will determine the inclusion of diseases caused by this type of work within the list provided for in article 6, paragraph 2, of law 24,557. Accidents that occur in the place, on the day and during teleworking are presumed to be accidents under the terms of article 6, paragraph 1, of law 24,557.

CONTROL SYSTEM AND RIGHT TO PRIVACY: Control systems aimed at protecting the assets and information owned by the employer must have union participation in order to safeguard the privacy of the person who works teleworking. and the privacy of your home.

PROTECTION OF LABOR INFORMATION: The employer must take the measures thatcorrespond, especially with regard to software, to guarantee the protection of the data used and processed by the person who works under the teleworking modality for professional purposes, not being able to use surveillance software that violates their privacy. .

TRANSNATIONAL BENEFITS: In the case of transnational teleworking benefits, the law of the place of execution of the tasks or the law of the employer's domicile will be applied to the respective employment contract, whichever is more favorable for the person working.< /p>

In the case of hiring foreigners not resident in the country, prior authorization from the application authority will be required. Collective agreements, according to the reality of each activity, must establish a maximum limit for these contracts.

APPLICATION AUTHORITY. RECORD. FISCALIZATION: The Ministry of Labor, Employment and Social Security of the Nation will be the authority for the application of this law and must dictate the respective regulations within ninety (90) days. Within the scope of their competence, the companies that develop this modality must be registered, accrediting the software or platform to be used and the payroll of the people who carry out these tasks, which must be reported upon each registration produced or on a monthly basis. This information must be sent to the relevant union organization. The supervision of compliance with the legal and conventional provisions related to the tasks carried out under the teleworking modality will be carried out in accordance with the provisions of title III - chapter I, on labor inspection of law 25,877 and its amendments. All inspectionfrom the application authority, if necessary, must have prior authorization from the person working.

TRANITORITY REGIME: This law will come into force after ninety (90) days from the date the end of the period of validity of social, preventive and mandatory isolation is determined.

V.- REMINDER: JOINT RESOLUTION No. 5/2020 of the Ministry of Health and the Ministry of Labor, Employment and Social Security - Unenforceability of COVID-19 Medical Certifications

On 08/14/20, the reference standard was published in the Official Gazette, which establishes that the regulations issued within the framework of the public emergency in economic, financial, fiscal, administrative, pension, and tariff matters , energy, health and social until December 31, 2020, as well asand; as well as the Decree of Necessity and Urgency No. 260 dated March 12, 2020 (which expanded the public emergency in health matters due to the Pandemic declared by the WORLD HEALTH ORGANIZATION -WHO- in relation to the new Coronavirus - COVID-19 - for a period of one year from the entry into force of said decree, it does not authorize employers to require medical certifications or studies related to COVID-19 from workers who enter or return to their duties.

From the Diego y Asociados Study, through LaborNet No. 1081, brief comments were made regarding said Joint Resolution, which we share:

“• The resolution under analysis establishes that the regulations issued within the framework of Law No. 27,541 and the Decree of Necessity and Urgency No. 260 dated March 12, 2020, do not authorize employers to require certificationsdicas or studies related to COVID-19, to workers who enter or return to their tasks.

• It should be noted that Law No. 26,529, cited in the Joint Resolution, contemplates as essential rights in the relationship between the patient and the health professional(s), the health insurance agent(s) privacy and confidentiality. In this sense, it is understood that all people have the right to maintain due confidentiality regarding health issues, unless otherwise expressly provided by a competent judicial authority or with the authorization of the patient themselves.

• Now, in its recitals, the rule indicates that it will be the task of the competent authorities to establish guidelines that allow the return of in-person activity without jeopardizing the schemes implemented to prevent the spread of the virus through observance of the recommendationspreventive health measures.

• For this reason, it is expected that an additional rule will be issued that establishes a protocol for the entry or reinstatement of workers classified as discharges of suspected or confirmed cases without the need to require medical certifications, but avoiding the spread of the virus

• Without prejudice to this, we mention that the employer's powers of medical control established in the Employment Contract Law (article 210) are not inhibited while the worker is suspended as a consequence of the illness, to through an expressly individualized and designated physician.