Companies will not be more obliged to finance the employer chambers with compulsive contributions or contributions, After President Javier Milei and the Minister of Deregulation and Transformation of the State, Federico Sturzenegger, signed a decree – which was published this Wednesday, March 6 in the Official Gazette – to change the interpretation of the current regulation.
Until now, business chambers were based on a “Exaggerated interpretation“Of Law 14,250, sanctioned in 1953 and amended in 2004, on the scope of collective labor agreements (CCT) for Instruct the collection of composition or mandatory contributions to the companies of the activity, whether or not they are associated with those entities.
“There are collective work agreements that stipulate mandatory contributions in favor of significant business chambers of said agreements, in charge of non -associated employers or affiliated with them,” official sources told justifying the decree carried out by the signing of Milei and Sturzenegger.
He Executive Decree explains that the application of these clauses have no regulatory basis And therefore, The collection of mandatory contributions cannot be imposed in favor of the cameras or group of employers to the non -associated companies or grouped in them.
The compulsive collection of contributions to companies by the cameras of the activity (a scheme that, like the contributions to the unions, are included in the respective collective agreements) has already generated controversy in various productive and services sectors.
The case of commerce is the most paradigmatic: According to estimates of the libertarian administration, through this mechanism it is imposed on establishments of the commercial sector the payment of about $ 6,000 million per month for “alleged training activities“The Chamber of Commerce (CAC) and the Argentine Chamber of the Medium Enterprises (CAME) are the two entities that collect those contributions that They are equivalent to 0.5% of the salary of each activity of the activity, that is to say about $ 5,000 per month. In the commercial sector, around 1.2 million workers serve.
On the other hand, according to the brand new decree of the government, now in more those businesses or companies that voluntarily they want to continue contributing to their respective cameras, they can do so, but the obligation will be without effect.
At the same time, the government anticipated that Collective bargaining will not be homologated in which companies are forced to maintain these contributions or contributionssince until now there was an incorrect interpretation of the law that regulates these agreements.
The elimination of the payment of mandatory contributions and contributions was requested by numerous business union entities from all over the country, according to official sources, such as the Argentine Chamber of Distributors and Self -Services (CADAM), among others.
In addition to commerce, the same compulsive collection mechanism of contributions by cameras or business entities to affiliated and non -affiliated signatures had extended to other activities. Another case that gave rise to conflicts that even culminated with judicial demands is the one that involves the Metallurgical Industrial Association (Adimra), that also requires a mandatory contribution to companies in the sector, whether members or not of the Chamber, a contribution equivalent to 1% of the salary mass. The sector brings together around 250,000 workers, which would imply for the entity a monthly collection of $ 2.5 billion, according to sector estimates.