New Labor Reform – Key aspects of changes in the labor formalization processoutsourcing and labor intermediation

v  It will have a special fixed-term labor nature

v  remuneration not less than one (1) current legal minimum wage or that established in the CCT or collective agreement

v  The apprenticeship contract with minors must be authorized by the Ministry of Labor

v  Platform companies must have an identity recognition mechanism for the digital contract respecting the habeas data regulation and thus with the modalities, rights and conditions

v  The worker of the platform, whether dependent or subordinate, will pay the social security contribution, allowing part-time contributions if the provision of the service is regulated in this way.

v  The worker is independent and autonomous, social security will be paid 60% by the platform company and 40% by the independent worker and the base is on 40% of the total income received by the worker

v  Delivery companies must generate a report of effective service hours based on the number of days or accumulated in the service.

v  Delivery companies must register with the Mintrabajo and report quarterly on the number of active workers on the platform.

v  Duty of information from the employer to the worker on the use of the supervision system used to monitor the delivery service.

v  Application of the agricultural work contract when the worker performs tasks typical of the agricultural activity throughout the primary production chain in permanent, transitory, seasonal activities by virtue of the productive cycles or by season, continuous or discontinuous.

v  Exclusion from the agricultural labor contract of industrial packaging, repackaging, transport, exhibition, sale or transformation activities through any process that modifies its natural state, not applicable to industrial companies.

v  Application of labor presumption of the agricultural labor contract in the primary production chain.

v  Change of modality of the contract to an indefinite time when more than twenty (27) weeks of provision of the service in continuous activities to the same employer.

v  Application of the right of preference to the worker who works for seasonal or seasonal, cyclical or periodic activities to be hired again in the following season if the needs develop according to the required service.

v  Prohibition of labor contracting of agricultural workers through temporary service companies and labor outsourcing.

v  Agricultural day to agree the worker a full wage with social benefits and other legal benefits without being less than the legal minimum daily wage in force plus the benefit factor of 30%

v  Part-time social security affiliation

v  Allow micro-businesses of individual, family or associative companies that have a payroll of up to nine (9) workers part-time contributions if they work part-time.

v  It defines as complementary activities of the port sector, transportation, supplies carried out by coteros, carpers, braceros and other similar ones that contribute to the development and productivity of the sector.

v  Regulates employment relationship for the previously mentioned workers must be linked by employment contract if they comply with dependency and subordination.

v  Independent and self-employed workers for the benefit of various companies or personnel will be affiliated with pension and risks on 40% of the income and when the income is higher than the minimum wage, health contributions will be made.

v  Immigration statutes are not an impediment to labor and social security guarantees – foreigners regardless of their immigration status enjoy labor guarantees.

v  The employment contract must be in writing with the working conditions and may be agreed for a specific period or season or lack of stipulation will be for an indefinite period.

v  The salary may not be less than the minimum established by law, CCT or arbitration awards.

v  It establishes a maximum legal working day limit and with the remuneration of the surcharges corresponding to all the time that they are under the orders of the employer.

v  The right to compensatory rest when they do not enjoy Sunday rest

v  Regulates contractors and subcontractors must have their own specialized business organization for the contracted product

v  The employers who contract or subcontract will be jointly and severally responsible for the salary obligations and benefits and compensation contracted by the contractors and subcontractors, including social security obligations.

v  Limit to the execution of the commercial contract with the same or different temporary services company when the term stipulated in the law expires.

v  Exceeding the contracting limits or for purposes other than those permitted, the user company will be the true employer of the workers on mission and the user company as a simple intermediary

v  The ineffectiveness of the employment contract and reimbursement to the user without a solution of continuity in the events of exceeding the contracting limits or purposes other than those allowed.

v  Sanction to the EST up to revocation of the license if it affects labor rights

v  It will not allow the execution of a contract for the provision of civil or commercial services with natural persons to carry out subordinate activities in private companies.

v  Regulates the ineffectiveness of the contract for the provision of services that ignores the prohibition and there is a work relationship with the right to payment of wages, benefits, legal and extra-legal benefits

v  Application of conversion right for six (6) months prior to the processes of automation or modernization of productive activity

v  Right to job relocation to the position or area of ​​the company similar to the working conditions

v  Once the above has been exhausted, authorization must be requested from the Ministry of Labor for authorization of collective dismissals and if the payment of compensation to the worker is authorized.

v  Creation of unemployment coverage insurance due to automation or productive modernization