Currently, if a worker does not return to their position after one year of the illness retention period has expired, the company must pay half of the severance pay. The Bill for the Promotion of Investment and Employment, presented by Deputy Romina Diez from La Libertad Avanza, proposes amendments that, if approved, will directly impact the daily lives of millions of workers, from how they take their vacations to how they handle absences due to illness. Below is a detail of the most relevant changes that stand out in the norm regarding the work routine of Argentine workers: 1. Goodbye to Severance Pay for Termination due to Illness (Art. 211) However, the final authority to authorize this simultaneity remains with the employer, prioritizing the operational needs of the company. This measure seeks to adapt to the production needs of companies and the family interests of workers, as long as the weekly minimum is respected. 2. New Control of Sick Leave (Art. 208) The right to paid sick leave is maintained, but a new control mechanism is created. With the reform, the contract will subsist until one of the parties decides and notifies its will to terminate it, and the termination in this way exempts the parties from indemnity liability. In case of doubt about the authenticity of a medical certificate presented by the worker, the employer may report it to the Ministry of Labor, which may summon the signing doctor or request new studies. This system aims to reduce abuse in sick leave for health reasons. 3. Flexibility in Vacations: The Minimum Week and the Couple's Rest Art. 154 flexibilizes the annual rest regime: Fragmentation: Vacations may be granted in a fragmented way and for periods of no less than one (1) week. Grant Period: They may be taken at any time of the year, not only during the season period (unless the worker chooses otherwise at least once every two periods). Vacations as a Couple: Workers united in marriage or other forms of family union who work for the same employer may request to enjoy their vacations jointly and simultaneously. 4. The 'Time Bank' and the Workday (Art. 197 bis) The reform incorporates the possibility for collective agreements to establish flexible workday regimes, including the 'Time Bank'. This means that hours worked beyond the normal workday could be accumulated as credit instead of being automatically paid as overtime, to then be compensated with days off, always respecting a minimum rest of 12 hours between shifts.
New Rules for Workers: Sick Leave, Vacations, and Severance in Argentina
A bill in Argentina proposes major changes for workers, affecting sick leave, vacation policies, severance pay, and introducing flexible work schedules. Here are the key legislative amendments.