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WORKING INFORMATION
I.- INCORPORATION INTO COVID 19 RISK GROUPS- RESOLUTION 1541/20 NATIONAL MINISTRY OF HEALTH (O.B. 09/25/20)
Through the aforementioned regulation, it was decided to replace Art. 3 of Resolution 627/20 by incorporating people with obesity into the risk groups for COVID-19.
Let us remember that said Resolution opportunely established the indications for isolation and social distancing, and determined the list of people who, due to presenting certain health conditions, were part of said risk groups (over 60 years of age , pregnant women, diabetics, heart patients, etc.) to which obese people are now added.
II.- RULING OF THE SUPREME COURT OF JUSTICE OF THE NATION ON THE PROHIBITION OF DISMISSAL FOR THE CAUSE OF MARRIAGE – APPLICATIONe;N TO THE MALE WORKER
After years of debate and jurisprudence with criteria found in the different jurisdictions of the country, on 09/24/20 the CSJN in proceedings “Puig, Fernando Rodolfo v Minera Santa Cruz SA s/dismissal ” resolved that the presumption of Art. 181 LCT also applies to the male worker and therefore is not applicable exclusively to the case of the female worker.
We remember that through this rule it is considered that the dismissal responds to the aforementioned cause (marriage) when it was ordered without invoking a cause by the employer, or the reason invoked was not proven, and the Dismissal occurs within three (3) months before or six (6) months after the marriage and provided that there has been reliable notification of the same to your employer, this notification cannot be made beforehand.ity or posterity within the indicated deadlines.
The presumption admits proof to the contrary. That is to say, if the conditions required in this article are met, it is applicable unless the employer proves that the dismissal was caused by a cause other than a discriminatory purpose. Otherwise, the consequence of the application of this presumption, established by Art. 182 of the LCT, is that the employer must pay special compensation - in addition to the normal compensation for simple dismissal - equivalent to one year of remuneration.
We also remember that in accordance with Art. 182 LCT, in the event of non-compliance with this prohibition, the employer will pay compensation equivalent to one year of remuneration, which will be accumulated to that established in article 245.< /div>
Without prejudice to the fact that they are currentlyWhile the legal prohibition of unjustified dismissals is in force, the truth is that employers must keep in mind for the future the situation resolved by the Court, since a dismissal without cause that occurs within the time periods established in Art. 181 of The Employment Contract Law No. 20744, whether the worker is a woman or a man, will entail the application of the presumption mentioned there, leading to the claim of special compensation established in Art. 182 of said ordinance.
III.- REMINDER: COMPLIANCE BY EMPLOYERS WITHIN THE FRAMEWORK OF COVID-19
We remind associated companies of the need for strict adherence in industrial establishments to the Safety and Hygiene Protocols referring to Covid-19 that were promptly informed tothe enforcement authority (Ministry of Labor of the Province of Santa Fe), given that if inspections are carried out by said Agency, compliance or not will be verified based on the provisions emanating from said Protocols
The RES. No. 41/20 of the Ministry of Labor of the Province of Santa Fe opportunely established standards to be fulfilled by employers in the establishments of activities that were authorized to operate, fundamentally referring to the mandatory preparation and implementation of Safety and Hygiene Protocols. referring to Covid-19, Training Records for Workers of said Protocols, delivery of personal protection and Covid-19 prevention elements, Affidavits of workers' health status, definition of hygiene and disinfection policiesute;n in the company, etc.
The obligation remains for employees to keep their health status information data updated every 72 hours through a sworn declaration through the APP of the Province “COVID-19-Province of Santa Fe”; Employers must also prepare a special Register of Affidavits on the health status of workers.
It is important to highlight that in the case of those workers who for certain reasons cannot access the aforementioned application, and for greater control of the company, it is advisable to keep the DJs in paper format ( in accordance with the Text that is Annexed to Res. 41/20 and that was duly announced) being kept on file in the company in the Registry that is enabled for this purpose.
IV.- ATP PROGRAM ACCESS PERIOD REMINDER
We remember that the AFIP THROUGH General Resolution 4824 (B.O., 09/29/20) established a new deadline to access the web service “Work and Production Assistance Program-ATP” from 28/ 09/20 to 02/10/20 inclusive for the purposes of obtaining - if applicable - the benefits established in sections a) and b) of article 2 of Decree No. 332/20 and its amendments, with respect to salaries and contributions with destined for the Argentine Integrated Pension System that accrue during the month of September 2020, and the benefit of credit at a subsidized rate for companies provided for in paragraph e) of article 2 of the aforementioned Decree. We have duly communicated the conditions to access said Program for the month to companies through this means.
Likewise, we inform youthat on October 1, 2020, Administrative Decision No. 1783/2020 was published in the Official Gazette, through which the Chief of the Cabinet of Ministers resolves to adopt the recommendation made by the aforementioned Committee, in relation to the extension of the benefit of “Credit at zero rate” and “Credit at zero rate Culture” until October 31 and December 31, 2020, respectively, maintaining, with respect to them, the conditions and requirements duly accepted by the Head of the Cabinet of Ministers.
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