Unidad 7. Video 3 de 5. Procedimiento Preventivo de Crisis

Introduction to Preventive Crisis Procedures

Overview of the Topic

• Professor José Míguez introduces the topic of preventive crisis procedures, specifically within the context of employment contract suspensions as outlined in Unit 7.

• The procedure is defined as an administrative conciliation instance that can be requested by either employers or labor unions.

Purpose and Functionality

• The primary aim is to prevent direct action measures such as strikes or layoffs by facilitating negotiations between parties during a crisis.

• This procedure serves as one of the few collective rights instances managed by the Ministry of Justice and Labor in Córdoba.

Objectives of Preventive Crisis Procedures

Key Goals

• The main objectives include avoiding layoffs through regulatory measures and ensuring timely processing of requests.

• It emphasizes that employer representatives must possess full negotiation authority to effectively engage in discussions with unions.

Relevant Legislation

Important Legal Framework

• Two key regulations are highlighted: Decree 328/8 and Law 24013, which govern different aspects of preventive crisis procedures.

• Decree 265 from 2002 allows for official initiation of these procedures by administrative authorities under certain conditions.

Application Criteria

Guidelines for Implementation

• Specific thresholds are established based on employee count:

• Less than 400 workers: up to 15% affected.

• Between 400 and 1000 workers: up to 10% affected.

• More than 1000 workers: up to 5% affected.

Distinctions Between Regulations

• Decree 328/8 covers suspensions, dismissals, and work hour reductions, while Law 24013 only addresses suspensions and dismissals.

Initiation Process

Steps for Starting Procedures

• Employers must notify the relevant labor authority when initiating under Decree 328; both employers and unions can initiate under Law 24013.

• A notice period is required—10 days for Decree 328/8 versus a longer period for Law 24013 involving union consultation.

Duration and Compliance

Timeframes and Obligations

• The duration before implementing measures varies; typically requiring at least ten days' notice prior to action under Decree guidelines.

Consequences for Non-compliance

Crisis Management in Companies

Overview of Crisis Procedures

• The discussion begins with the importance of understanding the causes, affected personnel, and necessary measures related to crisis management as outlined in law 328.

• It is emphasized that administrative authorities can act proactively by gathering reports and requesting hearings to clarify any uncertainties regarding a crisis situation.

Requirements for Preventive Crisis Procedure

• The decree 265 specifies the data and requirements companies must fulfill to request a preventive crisis procedure, which is crucial for accountants and business administrators.

• Key information required includes the company's operational address, number of affected workers, types of measures (e.g., suspensions or layoffs), and reasons for economic imbalance over time.

Documentation for Economic Imbalance

• To justify economic imbalance, companies must present financial statements from the last three accounting periods; this may be negotiable based on specific circumstances.

• For companies with over 500 employees, a social balance sheet is also required. Additional documentation may be needed if imbalances occur post-balance closure.

Justifying Economic Discrepancies

• Companies must provide evidence such as purchase orders that were canceled or delayed payments from clients to substantiate claims of economic imbalance beyond just accounting balances.

Activation of Decree 2072/94

• Decree 2072/94 activates under resolution 265 for companies employing more than 50 workers, outlining proposed measures to overcome crises including maintenance budgets and technological investments.

• Measures include internal or external worker relocation, job restructuring for efficiency improvement, correct pension contributions, and support for creating productive ventures by surplus workers.

Administrative Process Summary

• The process involves both union entities and employers within the jurisdiction of Córdoba's Labor Secretariat.