Although President Javier Milei, after the failure of negotiations between unions and companies, declared that he would not set a minimum wage, the government is obliged to “praise” through the Secretary of Labor, Omar Yasin, according to current legislation. And the head of the CGT, Hector DaerShe said Clarion That They will ask Labor to approve it and then have it approved by the executive branch.
In radio statements Milei had declared that he had no intention of signing a decree to update the minimum, living and mobile wage. “It doesn’t even occur to me,” she replied when she was asked. “Isn’t this an issue that needs to be addressed by workers together with their employers? I don’t think a politician can manually determine the price.. It doesn’t even occur to me. “Shall I issue a decree fixing the price?” Milei wondered.
However, labor law n. 24,013, in relation to the Minimum Living and Moving Wage Council, is very clear. “The Council will be made up of 16 representatives of the employers and 16 of the workers, who will be honorably and appointed by the Executive Power and by a president appointed by the Ministry of Labor and Social Security and will remain in office for four years”. And in its article 123 it clarifies: “The decisions of the Council will be taken by a two-thirds majority. If this is not achieved at the end of two sessions, its president will praise it on the controversial points.”
In this case, resolution 27/2024 of the Ministry of Human Capital of February 7 designated the Secretary of Labor, Employment and Social Security, Omar Yasin, alternate president of the National Council for Employment, Productivity and Wage minimal, vital and mobile.
Last Thursday, the 15th, two sessions of the Council were held, without an agreement being reached. Marcelo Aquino, business consultant, said this Clarion which according to current legislation it is up to the Government to award. The same opinion was expressed by Cynthia Benzion, president of the Association of Labor Lawyers, and Matías Cremonte, labor lawyer.
This happened for example in 2019, through Resolution 6 of 30 August of that year it was the Minister of Labor, Dante Sica, who set the values of the minimum wage. The resolution concluded by asking the National Executive “to issue the necessary acts so that the living and mobile minimum wage established in this resolution comes into force on the dates established therein”. This is what he did Mauricio Macri through the DNU decree 610/2019 on September 2 of the same year.
It is that article 142 of the Labor Law establishes that “the minimum, living and mobile wage will be valid and will have mandatory application starting from first day of the month following publication. Exceptionally, it may be foreseen that the modification comes into force and takes effect from the day following its publication. In any case, within three days of the decision, the same must be published for one day in the Official Journal or in other journalistic bodies that guarantee satisfactory diffusion and certainty on the authenticity of its text.
For this reason, DNU 610/2019, of 2 September 2019, established the first increase in the minimum wage with retroactivity to August 1st.
Source: Clarin
