The new Labor Reform law aggravates the definancing of the pension system. Not only due to the creation of the Labor Assistance Fund (FAL) but also due to a series of reductions in employer contributions that Anses currently receives both in the case of worker laundering and for the employment of new workers.
Also due to the expansion of non-remunerative concepts (without contributions or contributions) in the worker’s income. Among other points, lawyer Aníbal Paz pointed out the following:
*expanded non-remunerative salary itemswhich do not contribute to Social Security.
*expand social benefits that are not remuneration and that “the payment of contributions or contributions to social security, nor the application of employer contributions or worker contributions on the concepts included in this provision” do not correspond, such as dining services, reimbursements of medical, dental and pharmaceutical expenses of the worker and his family group, assumed by the employer, etc.,
*Promotion of Registered Employment (PER): forgiveness of Social Security contribution debts for principal, interest and fines. “The regulations will determine the forgiveness percentages to be applied, which in no case will be less than seventy percent (70%) of the total amounts owed. Incentives may be established for the cancellation of the cash obligation and special benefits for Micro, Small and Medium Enterprises,” the law says.
*Laundering: Up to 5 years are also recognized to access retirement for those “whitewashed” workers without the corresponding entry of the contributions not entered. But the months or years laundered are not considered for the calculation of the worker’s retirement.
*Incentive Regime for Labor Formalization (RIFL): Reduction of employer rates for 48 months for new employment relationships.
*Labor Assistance Fund (FAL): is made up of a mandatory monthly contribution of one percent (1%) for large companies and two point five percent (2,5%) for micro, small and medium-sized companies, of the remunerations that are taken as a basis for the calculation of employer contributions to the Argentine Integrated Pension System (SIPA) of each worker.
For the lawyer Luis Ramirez The FAL has “two objectives, one declared and the other hidden.” The purpose of the FAL is supposed to facilitate layoffs and the payment of labor compensation, financing them with resources from the pension system. And at the same time create a fund that serves to finance the Treasury, through the purchase of sovereign debt securities.
All these funds, which are subtracted from the pension system, will accentuate the crisis of the retirement regime, which is why the Government has a very tough pension reform in the pipeline, which among other points, contemplates the gradual raising of the retirement age, the repeal of differential regimes, especially that for teachers, and cuts in the widow’s pension.
The repeal of the moratorium is already shrinking the system’s list of beneficiaries, to which is added the bonus of up to $70,000 that has already been frozen for two years, without mobility.
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