On 12/15/2016, Laws N ° 27320, 27321, 27322, 27323 and 27325 were published in the Official Gazette, by means of which modifications to arts. 147, 54, 71, 75, and 255 of the Labor Contract Law No. 20,744 respectively.

Law 27320 adds a paragraph to the existing art. 147 of the LCT in which it prohibits seizures on the salary accounts of dependent personnel, clarifying that for the purposes of locking in a seizure of assets, the employer must be notified so that he is the one who makes the respective withholding, not being the Bank that locks the embargo in the respective bank account where the assets are deposited.-

Law 27321 incorporates the legal obligation to comply with the legal provisions applied to the Special Salary Book of art. 52 of the LCT. The standard is not clear in terms of the referral it makes on legal requirements to which it points, and that other records or forms that other standards, professional statutes or collective bargaining agreements must comply with. The art. 52 of the LCT is made up of two parts: The first part regulates the formalities that the salary book must contain; The second part of the regulation lists the existing prohibitions on their handling. Therefore, when the new art. 54 incorporated by Law 27321 says: "Identical requirement of validity must meet the ..." It is not clear if it refers to formal precautions, or prohibitions. The above is not a minor data, since if it refers to the regulated forms for the Salary Book, many forms, and / or records or books, will see their format modified, and they must adapt to the forms that are required for the Book salary, a circumstance that may well complicate the format of some records. As an example, CCT 40/89 for truck drivers requires the keeping of a mileage sheet, which now by legal mandate must comply with formal precautions that had never been contemplated in the form of the sheet that is signed. For example, the data of children that generate the perception of family allowances is never recorded in a mileage sheet, nor is the date of entry of the worker (driver) or marital status, and thus the list of collections varies according to each record. -

Law 27322, modifies art. 71 of the LCT, forcing the employer to make known the control systems that it applies to the personnel. The previous norm obliged the employer to notify the Ministry of Labor as the Comptroller's authority, and said bodies had to ensure that the control system did not violate the integrity and morals of the workers. In the new version of art. 71 surprise is lost in control systems, which often affects their effectiveness, and good faith is prioritized, to the detriment of surreptitious control.-

Law 27323, modifies art. 75 of the LCT, incorporating issues of occupational safety and hygiene, adapting the legal system to current demands on safety and hygiene. The only aspect that can bring complications is the power granted to the worker to oppose the provision of the service, when he believes that it is unhealthy, without a quick administrative procedure being articulated that allows to elucidate whether the worker's claim in refusing to provide the tasks, it is justified or not, and where appropriate to adopt the measures deemed appropriate. Although the norm refers to the intervention of the enforcement authority, it does not do so in a compulsory way and for all cases, but rather does it in an underhanded manner, and as an alternative, when the intervention should be immediate. It would have generated fewer conflicts than the worker, is obliged not only to intimidate his employer, but also must immediately launch an administrative procedure in which the enforcement authority proceeds to intervene, and after hearing the parties and collect the necessary evidence, determine whether or not the interruption of the tasks provided by the worker is justified, and if applicable, rule, forcing the employer to modify the working conditions (if the tasks are unhealthy), or if not, Decree that the worker's measure has been unjustified and therefore authorizes the employer to discount the days not worked.- Apply a system similar to what happens with strikes, where the Ministry of Labor determines whether it is or not justified, and where appropriate it obliges one party or the other according to what is ruled.

Finally, Law 27325, proceeds to modify art. 255 of the LCT, regarding the computation of compensation paid to workers who re-enter a job.

Law 27320

Modification.

The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:

ARTICLE 1 - The following text shall be incorporated as the third paragraph of Article 147 of the Labor Contract Regime approved by Law 20,744 (to 1976) and its amendments:

For the purposes of making the provisions contained in this article operational, the lock of any preventive or executive embargo that affects the salary of workers must be instructed before the employer so that he can make the withholdings that by law correspond, not being able to block embargoes of any kind on the salary account. Once the embargo is blocked, within forty-eight (48) hours, the employer must inform the worker of the ordered measure, and must deliver a copy of the judicial resolution that orders it. '

ARTICLE 2 - Communicate to the Executive Power.

- REGISTERED UNDER N ° 27320 -

Buenos Aires, December 14, 2016

Law 27321

Modification.

The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:

ARTICLE 1 - Modify article 54 of the Labor Contract Regime approved by law 20,744 (to 1976) and its amendments, which will be drawn up as follows:

'Article 54: Application of the registers, forms or other elements of control. Identical validity requirement must gather the records, forms or other elements of control required by the laws and their regulatory standards, by professional statutes or collective labor agreements, which will be judicially appraised as prescribed in the previous article. '

ARTICLE 2 - Communicate to the national Executive Power.

- REGISTERED UNDER NO 27321 -

Buenos Aires, December 14, 2016

Law 27322

Modification.

The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:

ARTICLE 1 - Modify article 71 of the Labor Contract Regime approved by law 20,744 (to 1976) and its amendments, which will be drawn up as follows:

'Article 71: Knowledge. The controls referred to in the previous article, as well as those relating to the worker's activity, must be known to him. '

ARTICLE 2 - Communicate to the national Executive Power.

- REGISTERED UNDER N ° 27322 -

Buenos Aires, December 14, 2016

Law 27323

Modification.

The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:

ARTICLE 1 - Modify article 75 of the Labor Contract Regime approved by law 20,744 (to 1976) and its amendments, which will be drawn up as follows:

'Article 75: Duty of Security. The employer must enforce the guidelines and limitations on the duration of work established in the law and other regulatory norms, and adopt the measures that according to the type of work, experience and technique are necessary to protect the psychophysical integrity and dignity of workers, having to avoid the harmful effects of arduous, risky or determining tasks of old age or premature exhaustion, as well as those derived from unhealthy or noisy environments.

You are obliged to observe the relevant legal and regulatory provisions on hygiene and safety at work. The worker may refuse the provision of work, without causing loss or reduction of remuneration, if the same is required in violation of such conditions, provided that there is an imminent danger of damage or a breach of the obligation has been configured, by default, or if the competent body having declared the place unhealthy, the employer will not carry out the work or provide the elements established by said authority. '

ARTICLE 2 - Communicate to the national Executive Power.

- REGISTERED UNDER N ° 27323 -

Buenos Aires, December 14, 2016

Law 27325

Modification.

The Senate and Chamber of Deputies of the Argentine Nation meeting in Congress, etc. sanction with force of law:

ARTICLE 1 - Modify article 255 of the Labor Contract Regime, approved by law 20,744 (to 1976) and its amendments, which will be drawn up as follows:

'Article 255: Re-entry of the worker. Deduction of compensation received. The worker's seniority will be established in accordance with the provisions of articles 18 and 19 of this law, but if there has been re-entry under the orders of the same employer, it will be deducted from the compensation of articles 245, 246, 247, 250, 251, 253 and 254 what was paid in nominal form for the same cause of termination above. '

In no case may the resulting compensation be less than that which would have corresponded to the worker if his period of service had been only the last one and regardless of the periods prior to re-entry.

ARTICLE 2 - Communicate to the national Executive Power.

- REGISTERED UNDER NO 27325 -

Buenos Aires, December 14, 2016