Within the framework of the Labor Modernization Act recently approved by Congress, the Executive made it expressly established that the provisions of the regulation will not be applicable to those who are in a context of confinement. The definition opens the door to a new regulation that will seek to end the equalization between interns and workers
in the formal market.The decision began to take shape during the administration of former Security Minister Patricia Bullrich and will now be deepened by her successor, Alejandra Monteoliva. The objective is to prevent the continuing application of judicial rulings that forced the State to pay bonus, holidays and full eight-hour days to detainees, even if they had not worked all that time
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The central point was reflected in paragraph H of article 1 of the reform, which explicitly excludes persons deprived of their liberty from the scope of common labor legislation. In the Casa Rosada, they argue that the drafting seeks to close judicial interpretations that, in the past, extended benefits specific to the Employment Contract Act to the prison environment
.The most relevant precedent dates back to 2014, when Chamber II of the Federal Criminal Cassation Chamber decided to equate interns' working conditions with those of free workers. From there, the Federal Penitentiary Service, through the Penitentiary Cooperation Agency (EnCOPE), had to settle salaries based on the Minimum Living and Mobile Wage and
