The national government took a new step in the implementation of the labor reform by regulating different aspects contemplated in the legislation approved last year. The measures were made official through several decrees published in the Official Gazette and include changes in the compensation system, labor registration, collective labor agreements and the activity of digital platforms.
One of the most relevant points is the implementation of the Labor Assistance Fund (FAL), a mechanism designed to finance severance payments through contributions made by employers. Although the scheme has already been regulated, it will come into force on November 1.
As provided by the Executive, the funds will be administered under state supervision, through the National Securities Commission (CNV) and will be intended exclusively for registered private sector workers who have a minimum seniority of twelve months. In addition, it was established that compensation must be paid within five business days after termination of employment.
Another of the regulated measures was the Registered Employment Promotion Regime (PER), aimed at the regularization of workers who work without registering or under poorly registered modalities. The program provides important benefits for employers, including the reduction and forgiveness of debts linked to social security contributions.
According to the regulations, micro and small companies will be able to access discounts of up to 90 percent of the obligations owed, while for medium and large companies the percentages will be lower. Additional benefits related to health insurance, work risks and other workloads are also contemplated.
In parallel, the Government made progress on collective labor agreements. During the next 30 days, the Ministry of Labor must call for the renegotiation of expired agreements or those that do not have an established end date. The regulations also introduce changes linked to union activity, including new requirements for the recognition of union organizations and modifications in the use of union hours.
The regulations also incorporate a new structure for salary receipts. From now on, they must detail more precisely concepts such as gross salary, net salary, contributions, discounts and the total labor cost assumed by the employer.
In health matters, medical license certificates must be issued electronically through enabled platforms and by registered professionals, with the aim of unifying control and validation criteria.
On the other hand, the Executive regulated the activity of digital transportation and delivery platforms. Under the new scheme, those who provide services through these applications will be considered independent workers and will be excluded from the general regime of the Employment Contract Law.
The modifications also reach the construction sector, where labor registration will no longer be carried out through the IERIC (Institute of Statistics and Census of the Construction Industry) and will become centralized in the Customs Collection and Control Agency (ARCA).
The Government indicated that the set of measures seeks to simplify administrative procedures, promote the formalization of employment and adapt labor regulations to the new work modalities that have emerged in recent years.
