PREVISIONAL REFORM Law 27426 Jubilatory Mobility Index. Haberes. Schools. The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force
Law:
Chapter I
Jubilatory Mobility Index
ARTICLE 1. Replace article 32 of Act No. 24,241 and its amendments, which shall read as follows:
Article 32: Mobility of benefits.
The benefits referred to in article 17 (a), (b), (c), (d), (e) and (f) of Act No. 24,241 and its amendments shall be mobile.
Mobility will be based on seventy per cent (70%) in the variations of the General Level of the National Consumer Price Index developed by the National Institute of Statistics and Censuses (INDEC) and thirty per cent (30%) by the coefficient that arises from the variation of the Immuneration Average of the Stable Workers (RIPTE), according to the formula that is approved in the Annex of the present Law, and will apply the months of December, and
In no case may the application of such an index result in a decrease in the beneficiary ' s perceived existence.
ARTICLE 2. The first update on the basis of the mobility provided for in Article 1 of the present report will be effective as of 1 March 2018.
ARTICLE 3. Replace article 2 of Law 26,417, which shall read as follows:
Article 2: In order to perform the updating of the remuneration referred to in article 24, subparagraph (a) and those referred to in article 97 of Law 24,241 and its amendments, a combined index shall be applied between that provided for in article 5, paragraph I (b), of Law 27,260 and its amendment and the index established by the Average Remuneration of Stable Workers.
ARTICLE 4. Commend the Social Security Secretariat of the Ministry of Labour, Employment and Social Security to perform the quarterly calculation of mobility and its subsequent publication.
Chapter II
Minimum Habers Guaranteed
ARTICLE 5. Incorporate as article 125 bis of Law 24,241 and its amendments the following:
Article 125 bis: The national State guarantees to the beneficiaries of the Universal Basic Benefit (PBU) that they credit thirty (30) years or more of services with effective contributions, the payment of a dinerary supplement until they reach a forecast equal to eighty-two percent (82%) of the value of the Minimum Vital and Mobile Salary, established by article 116 of the Labour Contract Act 20,744 (t.
This guarantee is not applicable to beneficiaries who have acceded to the Universal Basic Benefits by application of law 24,476 as amended by decree 1.454 of 25 November 2005, by article 6 of law 25,994 or by law 26,970, all of which are amended by articles 20 to 22 of law 27,260.
ARTICLE 6. The Social Security Secretariat of the Ministry of Labour, Employment and Social Security shall establish the application guidelines for the liquidation of the supplement provided for in Article 5 of the present.
Chapter III
Employer’s faculty to intimate the worker to retire
ARTICLE 7. Replace article 252 of the Labour Contract Act 20,744 (t. 1976) and its amendments, which shall read as follows:
Article 252: Since the worker attains seventy (70) years of age and meets the requirements for access to the Universal Basic Benefit (PBU) set out in article 17, paragraph (a) of Law 24,241 and its modifications, the employer may intimate him to initiate the relevant procedures by extending the necessary certificates of services and other documentation for that purpose. From that time on, the employer must maintain the working relationship until the worker obtains the benefit and for a maximum period of one (1) year.
The provisions of the preceding paragraph do not affect the worker ' s right to apply for the foreseeable benefit prior to the fulfilment of the seventy (70) years of age.
Granted the benefit or expiration of the term, the employment contract shall be terminated without obligation for the employer to pay the antiquity compensation provided for by the professional laws or statutes.
The intimation referred to in the first paragraph of this article shall entail notification of the notice of the notice established by this law or similar provisions contained in other statutes, the term of which shall be deemed to be within the time limit for which the employer shall maintain the working relationship.
ARTICLE 8. Since the worker meets the requirements for access to the Universal Basic Benefit (PBU) set out in article 17, subparagraph (a) of Law 24,241 and its amendments, the employer shall enter the contributions of the worker and with respect to the employer ' s contributions, only those for the National Social Work Regime of Law 23,660 and its amendments and the quotas of the Labour Risk Scheme of Law 24,557 and its amendments.
ARTICLE 9 As the last paragraph of article 253 of the Labour Contracts Act 20,744 (t. 1976) and its amendments, the following:
The provisions of this article also apply to the worker who continues to provide uninterrupted services to the orders of the same employer, after the benefit of retirement, considering the date of the benefit agreement as the beginning of the post-extreme compute.
ARTICLE 10. They are excluded from the provisions of this Chapter, public sector workers, although the agencies in which they serve are governed by the Labour Contract Act 20,744 (t. 1976) and its amendments.
Chapter IV
Final Provisions
ARTICLE 11. This measure will enter into force on the day after its publication in the Official Gazette.
ARTICLE 12. Contact the national executive branch.
DADA IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, ON 18 DEC 2017
— REGISTRATION BAJO #27426 —
MARTA G. MICHETTI. - EMILIO MONZO. - Eugene Inchausti. — Juan P. Tunessi.
NOTE: The Annex/s that integrate/n this(a) Law is published in the web edition of BORA -www.boletinoficial.gob.ar-.
e. 28/12/2017 No. 101651/17 v. 28/12/2017
(Note Infoleg:The annexes referred to in this rule have been extracted from the Official Gazette web edition. ) Annex I
Mobility calculation
IF-2017-33793893-APN-DSGA#SLYT
