7507
The Employment Contract Law establishes a system of protection against dismissal without cause that regulates the worker's protection mandate conferred to the legislator by the first paragraph of Article 14 bis of the Constitution. The way to protect the weaker party against contractual termina...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
| Publicado: |
Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2023
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=pensar&cl=CL1&d=HWA_7507 https://repositoriouba.sisbi.uba.ar/gsdl/collect/pensar/index/assoc/HWA_7507.dir/7507.PDF |
| Aporte de: |
| Sumario: | The Employment Contract Law establishes a system of protection against dismissal without cause that regulates the worker's protection mandate conferred to the legislator by the first paragraph of Article 14 bis of the Constitution. The way to protect the weaker party against contractual termination at will by the employer consists in the imposition of a fixed indemnity to be paid by the employer, to whom the law, at the same time, ensures the effectiveness of the dismissal. This system is, once again, subject to criticism by those who, with the aim of avoiding litigation, postulate its replacement by an individual capitalization fund similar to the one established in Law 22.250 for construction industry personnel or to the one provided for in Austrian legislation. This paper, after reviewing the labor and constitutional legal doctrine, and the international norms integrated into the Argentine legal system, together with the interpretations of their respective control agencies (pursuant to the provisions of article 75.22 of the Fundamental Law), concludes that a legal reform such as the one proposed is inadmissible due to its incompatibility with the higherranking norms. |
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