Un reciente fallo judicial ha declarado la inconstitucionalidad del artículo 55 de la Ley de Reforma Laboral, que establece la fórmula para la actualización de indemnizaciones laborales. Esta decisión, tomada por el Tribunal del Trabajo Nº 2 de La Plata, favorece a Daiana Belén Burguera, quien podrá cobrar más de 70 millones de pesos en concepto de diferencias salariales e indemnizaciones por despido injustificado.
El tribunal determinó que el artículo 55 viola los derechos de los trabajadores consagrados en la Constitución Nacional, obligando a los expatrones a pagar la suma de $70.108.805 en un plazo de diez días tras ser notificados. Este fallo se suma a otro similar emitido por el Tribunal del Trabajo Nº 3 de La Plata, que también declaró inconstitucional el mismo artículo y decidió que el denunciante sería indemnizado bajo la normativa anterior.
La decisión se basa en el hecho de que el demandante se consideró despedido por la falta de registración del vínculo laboral y el incumplimiento en el pago de salarios. Los jueces argumentaron que la ausencia de un contrato registrado implica que el infractor debe asumir las consecuencias de su incumplimiento.
El artículo 55 de la Ley de Reforma Laboral regula la actualización de los créditos laborales en juicios ya en trámite y establece que las indemnizaciones podrían reducirse entre un 20% y un 60% en comparación con los criterios anteriores. Esta normativa utiliza intereses del Banco Central y limita la actualización a inflación más un 3% anual, lo que, según los jueces, podría resultar en una actualización insuficiente frente a la inflación, vulnerando así los derechos constitucionales del trabajador.
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