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Undersecretary of Labor, Rodrigo Herrera, on Aconcagua Radio: "We have 150 fewer complaints than last year."

Undersecretary of Labor, Rodrigo Herrera, on Aconcagua Radio: "We have 150 fewer complaints than last year."

On Aconcagua Radio, the Undersecretary of Labor explained that conciliation relieves pressure on the judiciary, streamlines work schedules, and reduces costs for the parties.

"The OCL (Labor Conciliation Office) is working very well. In 2024, since its creation, it has received the fewest dismissal complaints," said Undersecretary of Labor Rodrigo Herrera, speaking withAconcagua Radio .

He added: "We are resolving 56% of cases in the conciliation stage, without the need to go to trial. And if we include spontaneous agreements, which are reached before initiating the formal process, that percentage rises to 58%."

In a national context where labor litigation remains at a high level, Mendoza stands out with a significant reduction in the number of dismissal claims brought before the courts. According to official data, 150 fewer complaints were filed so far in 2024 than the previous year, marking the lowest level since the creation of the Labor Conciliation Office (OCL) in 2017.

Mandatory labor conciliation, regulated by law, requires the parties to sit down and discuss before proceeding to court. "The law requires you to sit down, not to agree. But only after that stage can a lawsuit be filed, with a certificate of failure," Herrera explained. He added that this mechanism not only shortens time but also "significantly relieves the Judiciary," which for years has had to handle a large number of labor cases.

One of the cornerstones of the OCL's efficient operation is the speed of the process. "When the lawyer files the complaint, they already know the date of the first hearing, which typically takes no more than 15 days. In many cases, disputes are resolved in 30 or 45 days, which represents a huge difference compared to labor lawsuits, which can take more than a year," the official indicated.

Furthermore, starting this year, the provincial government eliminated the financial cost that companies had to face when applying to the OCL. "Previously, they had to pay an additional 1.5% fee. Today, the cost is zero. They only pay what is agreed upon with the worker, nothing more," Herrera clarified.

When asked about the reasons for the system's good functioning, the undersecretary was clear: "This works because the worker needs the money, and the company wants to avoid a protracted dispute. Added to this is the training of mediators, who not only mediate, but actually help bridge the gap and resolve the dispute."

The problem with ART

However, not all of Mendoza's employment situation is favorable. The province continues to rank among the national rankings for litigation due to workplace accidents and occupational diseases, although Herrera clarified that "these lawsuits are against the ARTs , not against the companies."

“Many times, ARTs reject claims for illnesses or accidents. Workers then have no choice but to file a lawsuit. There was a time when these denials were a financial strategy for insurance companies, because by delaying legal proceedings, they made money on interest. Today, that's starting to change, but it's still one of the main sources of conflict,” he explained.

In contrast, dismissal cases—those that can be resolved at the OCL—have steadily declined. “The system has proven to be effective. Mendoza is showing that when there is political determination, agile tools, and a willingness to engage in dialogue, unnecessary lawsuits can be avoided and fair results achieved for both parties,” Herrera concluded.

Listen to the full article here, and you can listen to the radio live at www.aconcaguaradio.com.

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