Nueva prórroga de la prohibición de despedir y suspender empleados, y de la presunción del COVID-19 como enfermedad profesional
Author | Rodrigo Solá Torino |
Published date | 22 April 2021 |
Date | 22 April 2021 |
Law Firm | Marval O'Farrell Mairal |
El 22 de abril, se publicó en el Boletín Oficial el Decreto de Necesidad y Urgencia 266/2021, que prorroga hasta el 31 de mayo de 2021 la prohibición de despedir sin justa causa y/o de disponer despidos y suspensiones por las causales de falta o disminución de trabajo y fuerza mayor.
Inicialmente, dicha prohibición había sido ordenada el 31 de marzo mediante el Decreto de Necesidad y Urgencia 329, y prorrogada por los Decretos 487/20, 624/20, 761/20, 891/20 y 39/21.
El Decreto reitera que las relaciones laborales iniciadas luego del 13 de diciembre de 2019 no estarán alcanzadas por la prohibición. Además, agrega al personal de la industria de la construcción (la Ley 22250) como nueva excepción a la prohibición. Se podrán realizar suspensiones en los términos de lo previsto por el artículo 223 bis de la Ley de Contrato de Trabajo (i. e., acordadas entre el empleador y el trabajador, o las que fueran acordadas entre el empleador y la entidad sindical).
Los despidos y suspensiones en contravención con...
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