Harsh criticism of judges and specialists to changes by decree the ART system.
July Neffa, Luis Raffaghelli, George Cohen, Charly Rodriguez, Luis Padin and Robert Pomp, experts in the labor problem, dropped the regime of risks of works reform. The conclusions were lapidary.
The specialists questioned the changes in occupational risks at a conference in the (UMET)
Labor judges, labor lawyers, academics and trade union representatives met to discuss the DNU signed by the president Mauricio Macri of modification of the regime of the insurers of the risk of work (ART) as well as the bill that has half sanctioning in the senate. There are no major differences in the background of between both initiatives. The meeting was held at the headquarters of the metropolitan university of workers (UMET) organized by teacher July Neffa senior research (CEIL) the concept one of the academics linked to the word of work of greater prestige. We can say that July Neffa in no way could be against the search of an efficient and agile system that avoids massive judicialization, but neither can prevent direct access to justice. Under the new system that is proposed, the only losers are we, who work every day looking for a better future or beyond the unconstitutionality of the decree (DNU) somehow must have an analysis. The government claims to have arguments and ideologies, that the accident rate and does not notice the underreporting of occupational diseases, the most complicated is the instance prior to the obligatory nature of go through the medical commissions. The solution is not closing the courts and making access to the judge impossible.
The decree also creates a confusing system that generates more conflicts. To reduce the litigiousness is necessary to conduct studies of occupational medicine, labor law, the right of damage in hygiene and security and strengthen the culture of prevention it will not be achieved chasing down the labor costs. The need and urgency of the legislative amendment is only for the insurance companies and the banks, which are the owners of three of the five most important work risk insurers in the country, this means that the only beneficiaries are the employers. The financial system and the ART and victimizers are placed as workers and professionals who defend the rights of workers, when one out of every three employers does not comply with the basic conditions of hygiene and security. There are still changes to make. Good part of the judicialization has to do with the non-recognition of occupational diseases, something totally unacceptable. Once and for all we must determine that workers have psyches. The health is not a commodity to sell but a good to defend.
The (DNU) constitutes a regressive turn to try to reedit the risk of the labor law, which is the fruit of the rise of neoliberalism and which, like no other rule, shows absolute contempt for the worker. In fact, it has the sad privilege of being the law with the most defects of unconstitutionality. Like this norm, the decree establishes once again the obligatory nature of going through the medical commissions that depend on ART.DNU and the law that has half sanction would force workers from the interior of the country who had accidents to travel hundreds of kilometers to access medical commissions, which in many cases are only present in the provincial capitals. The national labor judge Robert pomp stressed that since 1994 he did not see a single case where the medical committee of the ART has recognized the injured worker a degree of disability greater than actually existing. And i would say that one hundred percent of court cases recognize a disability greater than the medical commission. Then we can not talk about the trial industry, but about the industry of non-compliance on the part of the ART.
Conclusion: Because a group of specialists sat down to discuss the new law of labor insurers where the government clearly left it is position in front of the decision of the ART, this leaves a total and repudiated disagreement regarding the position of those who we suffer (we workers) who every day when different adverse situations arise we try to reverse it, we can say that from my place i find myself in total disagreement with the big companies destined to take care of and protect our health, it is shameful and outrageous that a group of people who in fact do not specialize in the subject, want to modify a system which was made to benefit and not to harm but it is evident that this is not the case because surely there are vested interests.
Profesora: Marcela Cospito
Alumno: Laura Dueñas
Carrera: Seguridad e Higiene