The national government remains steadfast in its decision to change the historical rules of the labor relations game He has been working for months with the aim of presenting a reform project that goes beyond reconsidering the labor contract law, but rather It seeks to re-discuss collective agreements Which, in many cases, is decades old.
El Chronista learned that a draft of the work modernization project is already ready, and was discussed at the council meeting last Wednesday. Among the ten titles of reform – all of which are resonant – there is one that refers to… “Super activity” It is a term linked to an old demand of business chambers that unions understand as a fundamental pillar.
What is hyperactivity?
In Argentina there is a tradition that can be traced back to the end of the nineteenth century, which is known as the “public address” “Collective Labor Agreements” (CCT), Agreements signed between unions and business chambers that summarize, with the force of law, the conditions under which the specific tasks of a sector will be carried out.
Established by constitutional status in Article 14 bis, For unions, CCTs are documents that summarize years of struggles and the rights they take into account acquired.
In normal situations, parties meet to discuss jointly, and these meetings usually work out salary guidelines. Only on some occasions are some CCT points modified, but these are exceptional cases.
Super active means that CCT maintains its validity and applicability Even after the expiration of its original term Above all, there is no mechanism that imposes a forced review of what was previously agreed upon.
For years, various employer sectors have called for an end to this mechanism so that they can revisit the conditional cash transfer program from scratch. Although many unions agreed to discuss their agreements, others did not do so and maintained action plans designed for past decades..
The end of super activity means that unions must renegotiate their conditional financial transfer before the deadline or And they lose everything they achieved, Moving on to what is required by the general rule, which is the Employment Contracts Law.
Critical voices
The labor reform that the national government will attempt has already sparked reactions, especially from trade union organizations and groups opposed to the ruling party.
For example, the leader of UOCRA, Gerardo Martinez He stressed that the General Union of Labor will not accept reform that “harms workers’ rights.”
The leader is the workers’ representative in the Mayo Council, an advisory body created by Javier Maile and in which this issue will be discussed. But in addition, the construction union he leads is one of the unions that is always mentioned as an example of modernizing the CCT, in particular, because of the implementation of the severance fund that replaces compensation..
“They talked about having a certain number of projects,” Martinez said in defense of his participation in the forum held at Casa Rosada. “We do not agree with the concepts expressed in this council, which is advisory and non-binding.”
Meanwhile, for experts in labor law, The end of the hyperactivity may mean “the fall of all the gains accumulated during the years of struggle, to begin negotiations from scratch.”
“Today, if workers do not achieve improvements in the agreement, they do not agree and keep what they have. Without hyperactivity, they are forced to negotiate otherwise everything they have already agreed to will fall away,” said one nationalist Peronist lawmaker.
Claudius Aquino, A lawyer specializing in labor law Who served National Director of Trade Union Associations On the other hand, the Secretary, headed by Julio Cordero, said that conciliation and arbitration must be “improved.” For discussion between the two parties to see how to positively encourage new agreements.”.
Historical background
Ending hyperactivity is a historical demand of some sectors of employers, which has had more or less resonance in different governments.
At the end of the last century, alliance management Fernando de la Rua He promoted a labor reform that went down in history as the Panelco Law.
22,250 votes were cast in 2000. The government was denounced for buying votes in the Senate and the crisis was of such magnitude that it ended with the resignation of Vice President Carlos “Chacho” Álvarez.
“The Banelco law put an end to the excessive activity of agreements,” recalls one labor law specialist. “The law lasted four years. Not a single agreement fell.”