“Musicians don’t play, they interpret.” I learned from the composer. Is something similar happening with judges? This issue is relevant today as a result “Begari case” On the one hand, and Reform the work that the national executive is about to send to Congress On the other hand, it is treated in exceptional sessions.
I know the aforementioned restaurant owner’s account of the Bigari case, according to the newspapers. The waiter who had worked for 25 years in the establishment was fired one day. Last week’s news was saying As a result of the claim submitted to the court, the restaurant will have to pay more than $200 million As compensation. More than the waiter claimed!
Due to the lack of information and relevance, I have nothing to say about who is right and, if the waiter was right, what the compensation amount should have been had the issue been resolved immediately. But, on the other hand, I have something to say, since we live in a country that suffers from inflation modify the original amount, It is determined in pesos between the moment the dispute occurs and the moment the compensation is paid.
The nominal amounts should be adjusted by The rate of inflation or rate of variation in salaries, plus a reasonable negative interest rate, Reflects what an employee has stopped earning due to non-payment of wages previously. Of course, looking back, he could claim that he would have bought gold, bitcoin, etc. (but this does not serve as a criterion for adjustment). Not to mention the active interest rate, which is the rate that banks charge debtors. The difference that arises when applying different adjustment methods is very important from a quantitative point of view, Therefore, numbers are created that attract attention.
This issue gains great importance in light of the labor law reform that Congress will analyze soon. Because if the bulk of practical problems in the workplace arise not from legislation, but from interpretation, Changing it will lead to few tangible results.
Specifically, the system should modify the nominal sentences are determined by legislation, Based on the inflation rate, or will we continue as before, with a large margin of interpretation on the part of some judges? Future labor demand depends, among other things, on the answer to this question.