Since March 23, the obligation to install maternity rooms for the care of the children of their workers has been in force for companies, or, according to the legislation, said obligation may be replaced by a monetary sum. What progress is there so far? Were the collective labor agreements in charge of regulating?
The measure that was regulated by Decree 144/22 comes to install a right that, despite always being incorporated into the Labor Contract Law, had never been implemented before.
One of the points of greatest conflict in the interpretation involves the definition of obligated companies. says the art. 1 of Decree 144/22: “In work establishments where one hundred (100) or more people perform tasks, regardless of the contract modalities, care spaces must be offered for boys and girls between the ages of forty-five (45) days and three (3) years of age, who are in charge of the workers and the workers during the respective work day.”
“Establishment” is defined as the technical or execution unit intended to achieve the company’s goals. At present we see that Organizations not only carry out their activity in their own establishment but also in those of others, or many times, in none.
It happens that there are organizations that, although they have more than 100 capitas, not all provide services in the “establishment”, which is why they are exempted from the obligation.
For this reason, it happens that, although they are organizations with more than 100 capitas, Not all of them provide services in the “establishment”, which is why they are exempted from the obligation.
However, Could we say that this was the spirit of the regulations? Or, that the technical definition of “establishment” does not fit the current times?
To name just three clear cases, we have transport companies, or oil services, or also cleaning-teacher services.. Truck companies have a large part of their drivers on the roads; the oil service companies in the deposits, and the maintenance companies in the different offices or companies.
Truck companies have a large part of their drivers on the roads; the oil service companies in the deposits, and the maintenance companies in the different offices or companies.
The truckers union, in recent days reached an agreement with the business chamber, to replace the obligation with the sum of money, although they did not regulate anything about the aforementioned situation.
The Private Oil Workers union did not report on this point either., like the unions of factory workers, and Commerce Employees, to say some of importance. Regulatory gaps.
Organizations not only carry out their activity in their own establishment but also in other establishments, or many times, in none.
Another point that is already generating some controversy is if the amount to be recognized is in the head of each child or in the head of the worker.
In principle, it could be said that it is defined in the head of the worker, however, it is observed that it has been a matter of particular definition of each company, since this interpretation gives rise to labor inequalities: those with two or more children receive the same amount as those with only one child.
In principle, it could be said that the amount to be recognized is defined by the worker, although it has been a matter of individual definition for each company.
We also refer to the problems that families with more than one child must face who must organize their care situation facing different expenses. Being that the Decree, and the little that the agreements say, establish that a minimum of up to 40% of the salary will be recognized according to the category of Personal Care for the Law of Private Houses.
Let us remember that the main obligation would be to offer the care space, and as long as that does not happen, it could be replaced by money.
The main obligation would be to offer the care space, and as long as that does not happen, it could be replaced by money.
In effect, families are organized under mixed situations where they hire a babysitter and also a maternity ward during the 8-hour working day, or situations where they must hire only a maternity ward or a babysitter. Obviously the expense incurred will change depending on the number of children.
Definitely, the Decree brought some light, but apparently not with enough energy as if to clarify the dark corners of the norm.
Let’s clarify, not everything is the fault of the Decree, but also of the business-union parties that must regulate about what specifically happens in their activity (art. 4 Dto 144/22).
By Cr. Gonzalo Gutiérrez (CHINNI, SELEME, BUGNER AND ASOC.)
Supporting quality journalism is essential to maintain an informed society and build a solid democracy.
I want to subscribe