is fulfilled today a new anniversary of the assassination of Dr. Norberto Centeno at the hands of the bloody civic-military dictatorship of 1976. Centeno was the fundamental author of the law of employment contract of September 1974.
As a sign of the times, it is good to remember that this rule had a previous elaboration from the dawn of the government of Héctor J. Cámpora nurtured by the transversal participation of specialists from both the trade union and business sectors and, obviously, from all trade union organizations.
Centeno was a lawyer for most of the unions in Mar del Plata, a city in which he suffered torture and death along with other colleagues. as Salvador Arestín, Raúl Alaiz, Tomás Fresneda, María de las Mercedes Argañaraz de Fresneda, Néstor García Mantica, María Esther Vázquez de García. The lawyers Camilo Ricci and Carlos Bozzi managed to survive.
He was also an adviser to national unions, andAmong them from UTGRA, in which, together with Máximo Daniel Monzón and Horacio Enríquezwe share the task of legal assistance.
This law, which originally had 302 articles, was also repressed in 1976 as a substitute for the Martínez de Hoz plan, making 27 of its articles disappear (repealing) and mutilating (modifying) 99 of them. The evidence of infamy was recorded as “law” 21,297.
Under characteristics obviously different from that of 1976 labor legislation suffered attacks during what I called the Third Infamous Decade –the first 1930-1943, the second 1976-1983– that is, between 1989 and 2002, through a series of regulations, the first being the National Employment Law No. 24,013 and the latest Banelco Law, No. 25,250. The arrival to the government of Néstor Kirchner put an end to the ignominy, beginning with the Law 25,877, which repealed Banelco, political behavior that continued with the two governments of Cristina Fernández de Kirchner.
Macri began to retrace this policy with the sanction of Law 27,348 of Occupational Risks and lately with the referral to the Senate of a bill called Laundering, which in reality promotes hiring in the black, entails not only more labor flexibility, less employer cost, more social injustice, but also a real indemnity bill for the evading employer. It extinguishes any criminal action and as if this were not enough, the project gives the evader 360 days to continue exploiting the worker in black.
As an aside and for those who speak of the “rigidity of labor legislation” “employment destroyer”, it is worth noting that it is denied by reality. With the same norm, employment rose, as well as – like now – it fell, since with Macri, 70,000 jobs were destroyed in the industry in just two and a half years.
It is clear that labor law neither creates nor destroys employment. In any case, its relationship with employment is to distribute it through the regulations on working hours. When we presented a project to reduce the weekly workday from 48 to 45 hours, a field analysis showed that approximately 200,000 more jobs could have been created.
Obviously this government that is to the right of the IMF, whose objective is the elimination of regulatory or protective norms of the worker to subdue him via the threat or the realization of dismissals. In addition, what it also pursues is the reduction of the “salary cost” and if it does not achieve it legislatively, it does so de facto as it is happening.
To achieve this, it is also dedicated to attacking the magistrates of the Labor Justice and those of us who defend workers. Forgive the self-referential, but I am proud that Macri has branded me as a kind of driver of what he calls the labor mafia.
It will be because from 2003 onwards it was possible to recover snatched rights and to obtain new rights that not only recovered dignities and segregated conquests but also strengthened the internal market through wages, which is not cost but consumption and investment.
The tribute to those who gave their lives or their liberties to defend the workers, symbolized in the figure of Dr. Norberto Centenothe Argentine Parliament sanctioned Law 27,115 of 12/17/14 which states:
“Let July 7 be instituted as the day of the Labor Lawyer, in tribute to the murdered lawyers in what became known as “the night of the ties” and of all the lawyers who, “for fighting for democracy and the republic suffered the same fate.”
* Labor lawyer.
keep reading
–
