Through DNU No. 39/2021, published this Saturday in the Official Gazette, the Government extended the ban on dismissals without cause by 90 days, due to lack of work or force majeure and until the end of the year the payment of double compensation also for dismissals without cause with a ceiling of $ 500,000 for the compensation bonus or duplication. The prohibition of suspensions due to force majeure or lack or reduction of work is also extended 90 days, except those agreed with the union organizations.
The prohibition of firing and the duplication of severance pay with a cap does not apply to the hiring of workers after December 13, 2019, when DNU 34/2019 was published neither to the Public Sector regardless of the legal regime to which the personnel of the organizations are subject, nor to companies, companies or entities that comprise it, clarifies article 9 of the DNU.
In addition, also for 90 days, the DNU establishes that “the COVID-19 disease produced by the SARS-CoV-2 virus will be considered presumptive an illness of a professional nature“For” all the workers and dependent workers included and included in the personal scope of Law No. 24,557 on Occupational Risks and who have effectively performed tasks in their usual places, outside their private home. “
Meanwhile, the DNU establishes that for health workers and members of federal or provincial security forces who perform effective service, the Central Medical Commission of the Occupational Hazards system “must understand that the contingency keeps direct and immediate causal relationship with the work performed, unless it is demonstrated, in the specific case, the inexistence of this last factual assumption ”.
The financing of these benefits will be imputed to the Trust Fund for Occupational Diseases of the system, clarifies the DNU.
Meanwhile, as at the same time the prohibition for dismissals without cause or due to lack or reduction of work and force majeure also extends for 90 days, the Government maintains double compensation for so-called “indirect dismissals” which are when the worker declares himself fired for causes attributable to the employer and does not claim reinstatement to his job, but the collection of compensation.
In relation to the compensation cap, this means that if a worker is entitled to compensation of $ 600,000, the double compensation will not raise the total to $ 1,200,000 but to $ 1,100,000. This affects workers with better salaries and with greater seniority.
Notwithstanding the measures referring to the prohibition of dismissals and double compensation in force since the inauguration of the Government or the outbreak of the pandemic, the official data mark a significant drop in private formal salaried employment. The latest data from the Ministry of Labor show that in October there were 5,795,171 formal private wage earners compared to 5,994,191 in March, when the pandemic broke out.
Thus in the first 7 months of pandemic and quarantine, there was a loss of 199,020 formal dependency jobs in the private sector. The bulk of the fall in the number of wage earners occurred between April and July, and in the following three months it recovered by almost 30,000 employees.
The fall in employment was due to the fact that companies do not replace the personnel who resign or retire and the “agreements” or “voluntary retirements” agreed with the laid-off personnel to avoid the prohibition of dismissal.