La apertura del concurso preventivo y la suspensión de los estatutos profesionales. La doctrina del fallo “Editorial Perfil”
Date | 27 February 2004 |
Author | Javier E. Patrón |
Published date | 27 February 2004 |
Law Firm | Marval O'Farrell Mairal |
La resolución del Juzgado Comercial Nº 17 que en junio de 2002 suspendió los efectos de las Leyes Nº 12.908 y 12.921 (el “Estatuto del Periodista”) por la apertura del concurso preventivo de Editorial Perfil S.A., tuvo en aquel entonces una importante repercusión periodística y reavivó un conflicto doctrinario en torno a la cuestión.
El art. 20 de la Ley de Concursos y Quiebras (“LCQ”), dispone que “La apertura del concurso preventivo deja sin efecto los convenios colectivos de trabajo vigentes por el plazo de tres años, o el de cumplimiento del acuerdo preventivo, el que fuere menor”.
Aun cuando la norma sólo refiere a la suspensión de los convenios colectivos de trabajo, el Juzgado consideró que la misma también alcanzaba a los “estatutos profesionales” (leyes que regulan en forma particular ciertas actividades), por lo cual decidió suspender los efectos del Estatuto del Periodista.
En términos económicos, la cuestión no era menor. En caso de desvinculaciones sin causa, el Estatuto del Periodista prevé un régimen indemnizatorio agravado y fija una indemnización especial equivalente a 6 meses de sueldo. La suspensión de sus efectos, permitía a la empresa concursada desvincular a su personal a un costo indemnizatorio...
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