After a criterion for updating judgments in lawsuits due to industrial accidents was established, the City High Court works on sentences in which will set the index to adjust the Compensation and fines in cases for Dismissal the worker.
With these new parameters, the city’s Supreme Court, which has become the highest appellate authority for labor, civil, commercial and criminal cases of the national judiciary, sets a horizon predictability which is in contrast to the dispersion that has previously existed in work punishments.
It’s about a sensitive topic who confronted the national labor chambers with this Supreme Court of the Nationwhich requires the employment justice system to make adjustments appropriate and proportionate after numerous cases of exorbitant interest, which the highest court declared null and void.
In fact, in the Chamber of Labor, which is partly controlled by the Chamber of Labor Union power and with some waiters in connection with that PeronismThere are different criteria Adjustment for compensation.
A large part of the rooms apply an adjustment coefficient based on the Consumer Price Index (CPI) plus 3 percent. Except for room 10, which only makes one adjustment CPIand Room 8, which applies this CERIUM. Now the Chamber of Labor announced that from 2024 Active interest rate of Banco Nación.
Following the Supreme Court’s ruling in the Levinas case, which established that the “Porteño Court” should review all national cases, the Buenos Aires Supreme Court was created to take on this task.
He inaugurated a new building in front of the obelisk with offices to handle the thousands of incoming cases and began processing them notable cases set the criteria for the future.
Now it is working on a single criterion to adjust compensation and fines in the thousand labor cases it investigates. They hope that the TSJ’s ruling will end the dispersal.
The judges unify the criteria and strive to make a decision that is as forceful as possible, preferably unanimous or close to unanimous, in order to strengthen the court’s decision setting a cap on the calculation of compensation.
But There are still views that do not fully agree. In fact, there are three minimum positions. First, apply the criterion of CPI plus 3 percent. Second: Apply as an index Average taxable wages of stable workers (Ripte), as was already the case with lawsuits due to industrial accidents. The third is to create some kind of index a floor and a roof taking into account 3 percent more or less on the CPI.
The criterion of the CPI plus 3 percent is the criterion established in Article 276 of the DNU 70/23, the founding norm of the Javier Milei government, issued a few days after taking office two years ago and stopped by the labor justice system. This stipulates that the updates or the application of interest may in no case be higher than that resulting from the calculation of the historical capital updated by the CPI plus a pure interest rate of 3% per annum.
The working chapter of this DNU has been declared unconstitutional and does not apply. The Supreme Court has not yet decided. However, the government has now included the same criterion in the labor reform bill that will be discussed in the extraordinary sessions of Congress in the second half of December.
There it is stated that for limit the “discretion” of judges A single calculation is created, updated by the CPI plus a pure interest rate of 3% per annum. Aside from that, It is forbidden by law to charge interest on interestCalled anatokism, as was the case with some Labor Chamber rulings that were overturned by the Supreme Court this year amid strong criticism of the Labor Chambers.
The intervention of the city’s Supreme Court is seen by businessmen as a balm before the law uncertainty the decisions of the national justice system. The head of government of Buenos Aires, Jorge MacriFollowing this week’s ruling in which the city’s Supreme Court restricted workplace injury updates, he said: “This ruling represents a clear and direct brake Mafia of work processes“.
“It’s an important step to end this experimental industry that destroys employment and makes it precarious, “It discourages investment and becomes a trap for those who produce and work,” he said. He added that the city of Buenos Aires “needs clear rules, legal certainty and common sense” and raised the stakes on an issue rejected by national judges: “For this it is important to move forward in the transfer of judicial powers to the city.”
The former minister and now businessman Wilhelm Dietrichwho is close to Mauricio Macri, welcomed the ruling: “The most important labor reform needed is to avoid the litigation industry based on the discretion of compensation.”
“The current system is a tragedy that not only creates small and small businesses, but also completely prevents the creation of jobs and the growth of projects of thousands of entrepreneurs who dare not grow. “It’s this way,” he celebrated.
Last week, the Buenos Aires court confirmed again that the Compensation put in exams by Occupational accidents needs to be updated from the index Riptein a case that took place before 2019. The decision marks two significant developments. On the one hand, it confirms that it applies to calculations before 2019, not just new cases. And it also ends the inflation update, which had produced inflated values in the past.
Furthermore, the highest court in Buenos Aires confirmed this again competence stated by the Supreme Court in this case Levinasas the highest rating level national judicial cases, including labor law cases. The judgment fell on the case “Asociart SA Art S/Appeal for Unconstitutionality Rejected in Valdez Carlos Alberto C/Asociart SA Aseguradora De Riesgos Del Trabajo S/ Accidente”.
The case started when Carlos Valdeza graphic designer and machinist at Gráfica Cortiñas, sued ART for an occupational disease resulting from the work he did carrying cardboard packages. The judgment bears the signature of the judges Inés Weinberg, Marcela De Langhe and Santiago Otamendi. The judge Luis Lozano established their position in a separate, simultaneous vote, and there was a dissenting opinion from the judge Alicia Ruiz.
The court confirmed that the ripte also applies to causes before 2019by annulling a decision of Chamber IV of the National Labor Appeals Chamber which had declared the unconstitutionality of Article 7 of Law 23,928 and had allowed the updating of interest rates due to inflation.
The application of this criterion began in Case Boulanger v. ART Seguros Provincelast October, when the Supreme Court upheld the use of the Ripte to more accurately reflect salary trends. With this ruling, the court consolidated a significant change in the city by establishing the method for calculating updates for interest from industrial injuries.
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