Feb 20 • 15:54 UTC 🇦🇷 Argentina Clarin (ES)

Labor reform: do the changes apply to active workers or only to new ones?

The labor reform approved by the Chamber of Deputies in Argentina is set to apply to both current and future workers, though this may lead to significant legal disputes.

Argentina's Chamber of Deputies approved a labor reform that will affect both current workers and those who join the workforce after its enactment. Experts indicate that the application of the law to existing employment relationships is supported by the general principle that laws come into effect upon their enactment and affect current legal situations. However, significant contention arose during Senate discussions, with calls to limit the reform's scope to new employment relationships being rejected, indicating potential future judicial litigation on the issue.

During the Senate debate, Senator Mariano Recalde proposed an amendment to ensure that the reform would only be applicable to new labor relationships, but this suggestion was dismissed. Legal expert Marcelo Aquino emphasized the distinction between acquired rights and rights in anticipation, pointing out that the timing of when a right is consolidated plays a crucial role in determining its applicability under the new reform. The debate surrounding who the changes will impact raises concerns about legal uncertainties that may arise as workers seek clarification on their rights.

As the reform is set to be voted on again in the Senate next week, the implications of this legislation may lead to increased litigation as workers and employers navigate the new legal landscape. The situation highlights the complexities of labor law in Argentina and the potential for conflict over how rights are interpreted and enforced, especially regarding the changes introduced by this new legislation.

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