Workers regularized by their employers, because they are not registered or poorly registered, will have it right to calculate up to 60 monthly contributions i.e. the smallest number of months for which they are regularized.
These months, calculated on a monthly amount equivalent to the living and mobile minimum wage in force at the time of regularisation, will be used to calculate the thirty-year contribution requirement required by law. But They are not taken into account when calculating the initial retirement savings.
“The regularized months will not be counted against the additional permanence allowance and will not be counted for the purposes of calculating it or the compensatory allowance”, reads the megalaw.
Second Leonardo Elgorriagavice-president of the Association of Labor Law Lawyers (AAL), if the regularized workers were not registered in the register more than 5 years will not be counted as months or years of contribution beyond this limit.
Moreover, “Contributions will not be calculated on the salary actually received, but rather on a remuneration equivalent to the VMVM, which would be serious because it could affect the amount of the retirement savings, especially those close to retirement“.
Currently, informal workers who do not have 30 years of contributions can retire by accessing the moratorium for the missing years up to the 30 required. In this case, their pension is calculated on years have actually contributedwith the guarantee of the minimum assets (plus any bonuses) and the withholding of the moratorium installments on the assets. The minimum capital guarantee is not shown on the invoice.
This means that a worker who, upon reaching retirement age and with, for example, 20 years of actual contributions, You will not be able to retire even if you have worked more than 10 years without registeringWhy “Recycling” has a pension cap of 5 yearsunless the moratorium is used for the years remaining to complete the required 30 years
Meanwhile, if you are 25 years old with effective contributions, you will be able to retire, but the initial assets will be calculated over 25 years, absorbing the pension loss. And in that case the moratorium will not be needed.
Both with the moratorium and in this work regularization project, The pension is calculated based on the years actually entered. «It would be more correct if the years or months to be regularized were taken into consideration for the calculation of the initial salary. And in return, that the employer pay contributions and contributions with an easy payment plan, with long deadlines, as has been done on other occasions”, he said Clarion the lawyer specializing in pensions Adrian Troccoli.
The regularization of informal work is up to the employer, while Entering the moratorium is a worker’s decision access at least a minimum pension.
Elgorriaga added that “for a period of 90 days after the law comes into force, employers can regularize unregistered or incorrectly registered workers. The Executive will regulate the effects it will have for those who do so within this deadline, which may lead to exemption from criminal prosecution for tax crimes, the remission of fines and infringements, the remission of debts for contributions and contributions due, etc. .
The labor lawyer Mattia Cremonte stresses that, while the DNU and the megaproject tighten sanctions in relation to protests that workers may carry out, directly reduces or exempts employers with improper or unregistered employment from criminal prosecution. This means, he says, that instead of reducing the informality of work, it will increase it, at the same time, individual or collective litigation will increase.”
Source: Clarin
