The Partido del Trabajo [political party] prepared an initiative in the Senate for a reform to the Federal Labor Law that seeks to maintain the jobs and salaries of workers in case of declaration of a health emergency or contingency.
They seek to reform Article 42 Bis; the first paragraph of Article 168; the first, second and third paragraphs of Article 429, plus the reform of Article 512-D Ter; all of these, articles of the Federal Labor Law.
In accordance to Article 429, the employer has the obligation of paying its workers their full salary during the first month of the health contingency or emergency.
Starting on the first day of the second month, employers can reach tripartite agreements with their workers and the State, trying to maintain the payment of the workers’ full salary; should this not be possible, an amount to be paid for the duration of the contingency will be agreed upon by the parties.
Through the tripartite agreements, employers will have access to tax benefits and favorable conditions, to be implemented immediately.
In the opinion of Ricardo Martínez, lawyer at the De la Vega & Martínez Rojas Firm, this seeks to circumvent the provisions of the labor law in regard to a contingency: the employer must pay one minimum salary per day for a month.