Argentina: Crónica

20261010 15:00 UTC · 00:30:44 · 378 transcript segments · GDELT Visual Explorer · plain-text transcript · Event Map

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Transcript

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00:00:00that takes you 10 months, tremendous, well, but that's where
00:00:03the government has, you know, to break the rules
00:00:07with audits, that it audits social works and that it audits
00:00:11everything, all the, let's say, health agents to
00:00:15ask within see why they charge people for insurance because it should be enough for non-monotributistas
00:00:19and so on, but retirees, there are many retirees who pay a lot of money
00:00:23for PAMI and so on, well, then for
00:00:27days, arbitrate the necessary means to cleaning they spend 130,000 pesos, for food 457,
00:00:30for services 177, which is increasing, for
00:00:33recreation 124,000 pesos, for clothing
00:00:3763,000 pesos, transport 129, and for housing
00:00:42moratoriums needed them, because it you that 50% 60% of everything that 364, we are talking about a house, yes, the maintenance costs of the
00:00:45house, not a
00:00:47million, great, but moratoriums are what rental, the blended rate to calculate
00:00:50housing is between
00:00:53the people who retired rent, shared rent, maintenance of one's
00:00:56own property, for example, common expenses and something
00:01:00that has exploded in the last 10 years, which is the life of
00:01:04older people in
00:01:08of contributions, direct pensions for those not retired, pensions, they are real pigsties, there are some four or five blocks
00:01:11from the government house and a room
00:01:15with a shared bathroom are the old hotels that cannot be approved, a
00:01:18room with a shared bathroom is between
00:01:20day is speaking against 250 and 300,000, and if they don't
00:06:40we receive inquiries at 11. 22 77 2000
00:06:4411 2277 2000 you can
00:06:47the week if you want, we have a team of people who help us
00:06:51this, who in some way help people, no,
00:06:54and the reality is that
00:06:58the things that they consulted us about, let's put the first case,
00:07:01come on, these are the success cases, first
00:07:05Manuel filed a readjustment lawsuit, he called us,
00:07:08he filed a readjustment lawsuit in 2017, he already
00:07:12collected two executions and now he's going to collect the third, he
00:07:16contacted us in 2022, so he filed a lawsuit
00:07:20in 2017, he never collected
00:07:23and well, nothing, so hey, I can't collect, I can't collect, well, he contacted
00:07:27us, we made him collect, we made him collect the first time, we made
00:07:31him collect the second time and now he's going to collect the third time, come on,
00:07:34pass, so the retirement
00:07:37benefit of this gentleman was
00:07:40$618,
00:07:43with the lawsuit he had won, his retirement benefit went from
00:07:46618 to 1,200 and
00:07:49he has a retroactive payment of 17 million pesos, this
00:07:53is the court eight of social security of the
00:07:56social security chamber of Buenos Aires, this is very
00:08:00important, now we are going to see how you have to do to collect your retroactive payment because there are many
00:08:04people who won the lawsuit, maybe they won it in
00:08:072016, 2017, 2018,
00:08:11mainly the people who... let's say after 2015, 2016
00:08:14had
00:08:17they started to have a lot of problems for ANSES to pay them, of course, it had
00:08:21its paying period, then we will explain it well, but many people were left without
00:08:24collecting, so this happens, I filed my lawsuit but I didn't collect,
00:08:28well, and they bring us and in the end they have this, they have a lot of difference to collect and
00:08:32look at the difference, it goes from 6:18 to 1,200, double,
00:08:35and people who collected, there are also many people who collected, always look
00:08:39at the value of the PBU that says PBU judicial sentence. And
00:08:43there is a PBU value that is standard, if that PBU value is not modified,
00:08:46it means that there is a 90% chance that even if you
00:08:50collected the lawsuit, you have to collect more than what you are collecting, so if you want, you can
00:08:54consult them, yes, and there are people who also had their benefit changed, they also
00:08:58have to claim because it was adjusted incorrectly, of course, and then another
00:09:01issue that is not minor, which is due to the
00:09:05firm court rulings, so this
00:09:071,200 can exceed 2 million,
00:09:11look at that. Success
00:09:13that
00:09:21we also have, which is from Jorge, who calls us and
00:09:24tells us that OSEEC wants to disaffiliate him because he
00:09:28retired, this is very common, no, that social works do not want to
00:09:31take them, they have them as active for 40 years, when it comes time to
00:09:34retire, they open up the range, no, so
00:09:37we filed an injunction and quickly obtained a precautionary measure with the
00:09:41following resolution: Eh, come on, pass, so,
00:09:45look, in the car, the gentleman appears, well, here is the
00:09:48last name, eh, on his own behalf, requesting the issuance of
00:09:52a precautionary measure so that the social work of commerce employees, civil activities, OSECA,
00:09:55arbitrate the necessary means
00:09:59for him to continue with the medical assistance benefits provided to him and to
00:10:02maintain him as an affiliate to the same plan he had prior to obtaining
00:10:06the retirement benefit, why, what happens here, you retire
00:10:10and what do social works tell you, you are obligated to go to PAMI,
00:10:13which is a lie because the PAMI law does not say that and you are free to choose,
00:10:17so what is the problem, there is a list of social
00:10:21works that accept retirees, which is so small, and the majority that you are
00:10:24with... with your social work for 30 years, you have your
00:10:28doctors, your places of attention, they want to change
00:10:31it and it's resolved with the injunction, let's resolve it very quickly,
00:10:34so here I preserved the gentleman's name, I forgot
00:10:38to preserve the other one, I apologize, Jorge, anyway, we won, so
00:10:42of course, this is in the civil and commercial federal court number
00:10:44seven, finally it resolved that
00:10:48it ordered the social work OSECA to, within 3
00:10:52maintain and/or reaffiliate the... gentleman as a beneficiary of the
00:10:56health services provided by that entity and continue providing comprehensive
00:10:59medical assistance until the assistance is dictated, look what we talked about at
00:11:03the beginning of the program, no, that retirees are waiting for a court ruling for more than a
00:11:07year, this, for example, we smoothed over this mess for someone in 3 days, when the
00:11:11justice works well in the case of health, the justice works well, we
00:11:15have eh precautionary measures and coverage in
00:11:1848, 24 hours, 72 hours,
00:11:21but it's true that in most cases it works very quickly.
00:11:33it takes 10 days and in the meantime something happened to you, you don't have coverage, you don't have coverage, that's why it's important
00:11:37to make these claims and also obviously if you already have your
00:11:40social work, your pre-paid that works well, keep it to maintain the
00:11:44providers, not have to go to another place eh bring me your medical history because I don't know you,
00:11:47there are a lot of issues that are maintained with this, do you allow
00:11:51me? It is worth highlighting
00:11:54because they directly lie to retirees
00:11:57that they have to go to Pami, to new
00:12:01retirees, of course, that is to say, it is a
00:12:04daily demand that I have because we are right around the
00:12:06corner from the social work and retirees come where
00:12:10they are told that they have to go to Pami yes or no, not only
00:12:14ANSES tells them but also the social works and the
00:12:18employer himself often tells them that Pami is not for them,
00:12:21that's why it's very important that the person who is about to retire
00:12:25seek advice prior to the retirement being issued, because
00:12:29many times it also happens that afterwards in
00:12:32Pami it is a little more difficult to get or make room for the
00:12:35injunction, very well, next, let's go, we continue, come on, we have to start
00:12:38flying, how to collect a sentence, this is key, no, that is, you
00:12:42have a firm sentence, how do you collect it, many people don't, they don't
00:12:45collect it, come on, let's go, so first
00:12:49eh, when you are in
00:12:53moment, the moment is when
00:12:55your lawsuit becomes final or at least partially final because
00:12:59there are lawsuits that are final, others that go to the
00:13:02court and one can try to make,
00:13:05try and it is usually achieved, to make a partial
00:13:08liquidation on the issues that were given to you until the
00:13:12court resolves the underlying issue that was not
00:13:14resolved, so eh what do you
00:13:18have to have yes or yes, first instance
00:13:21sentence, of course, because what happens, people tell us doctor I have
00:13:25a favorable sentence, can I collect? No, what you had may be a first
00:13:28instance sentence, and be careful when you follow it, because it says final
00:13:32sentence, of course, it says final sentence, so well, that's it,
00:13:36it's over, no, it's not over, exactly, why? Because there you go to the court of
00:13:39appeals, regardless of whether you won in everything you asked for, which
00:13:43usually doesn't happen, it also takes you to the court,
00:13:46so here you already have the two sentences, let's say, that are the
00:13:50common ones, first instance sentence, court sentence, if
00:13:55claim the issues for inflation, obviously you are going to end up in court,
00:13:59but eh, the usual step is that after this remains what is
00:14:03called a firm sentence that remains the payment and once it becomes
00:14:06firm, they give ANSES 120 days to
00:14:09pay, these 120 days are business days, that is,
00:14:13it's 6 months more or less in elapsed time
00:14:17and once this is fulfilled, you are already in a position to go to court and say they didn't
00:14:20pay me, I want to collect, I'm
00:14:24pay. Let's go with the next plate
00:14:26here.
00:14:28What do you have to do to collect your readjustment lawsuit? The term is business
00:14:31days. The lawyer has to present a liquidation, once these
00:14:35120 days have passed, on day 121 they can present the execution
00:14:38request and the liquidation, and after a process, ANSES's accounts are
00:14:42garnished and collected. So, what happens?
00:14:46It is being said in many places, look, ANSES is not paying the
00:14:50lawsuits, but it's not that ANSES doesn't collect them, it's that ANSES doesn't
00:14:53pay them, the lawyers collect them.
00:14:55So, let's go back to the previous plate for
00:14:59a second, what do you have to have to collect, to say, I'm already
00:15:03in a position to collect, I want to collect, first instance sentence, court
00:15:06sentence and the payment term of these 120 days, of these 120
00:15:10business days, in case you go to court, today there is already the
00:15:14great advantage that eh the courts are
00:15:18the court and the first instance courts are
00:15:21accepting that partial executions are made, what is this?
00:15:25You don't have the 120-day term, but
00:15:28why? Because you are in court, so what does your lawyer have to do? Ask that
00:15:31file, you are going to say, pay me what I already have firm
00:15:35from court, what the court doesn't need to... rule on because it already ruled
00:15:38previously, let the court handle the rest, so you already collect
00:15:42the first part which is like the case we showed you before, for example a person who went
00:15:46from 600 to 1,200, that can be
00:15:49perfectly done with a partial execution and
00:16:08is that you don't have to stand still and you have to consult and if you collected the
00:16:11sentence also consult to see if what you collected is correctly
00:16:15liquidated or not, I would tell
00:16:19you collected, you collected incorrectly because the truth is that it liquidates
00:16:22incorrectly, it pays you incorrectly, it caps you, the caps are not
00:16:25met, sometimes not all, not all are very
00:16:29specialized in this, eh, let's go two questions, come on, well, here they tell us
00:16:33good morning, I am a widow, my husband had contributions but was not retired,
00:16:36can I collect a pension from him? I am retired and I collect the minimum,
00:16:40well, it depends, in pensions what is done is an evaluation
00:16:45what is done is an evaluation, an
00:16:48evaluation of contributions, to see if he was a regular or
00:16:51irregular contributor, what they do is they take your husband's contributions
00:16:55for the last 3 months and they will see if he had at least
00:16:5918 months or 30 or 30 months you will have
00:17:02access to a pension, if within the last 5
00:17:06years you only have
00:17:09a year they will ask for 15 more years of contributions and the third
00:17:12evaluation is if he has 30 years and met all that, it's fine, if he didn't meet
00:17:16all that, then no,
00:17:25here, through WhatsApp, we also receive them on our website jubilarme.com.ar
00:17:29here Claudio, for example, asks us if his benefit can be
00:17:32readjusted, to know if your benefit can be readjusted, you would
00:17:36have to give us two things. When you retired and how much
00:17:42tell you if you can claim
00:17:54do to make a readjustment claim, I retired in
00:17:572021, well the same, we would need to know how much you are
00:18:00collecting to make the readjustment claim now, it's very easy, you just have to
00:18:04contact a professional, today since the law came out. You don't
00:18:08even have to go to ANSES because you don't need an administrative claim, the only thing you have
00:18:12to do is sign a power of attorney so that they can represent you specifically in
00:18:16the social security forum and with that you carry out your process and one day the lawyer
00:18:20will call you and tell you look Pepito is ready to collect your
00:18:23lawsuit, eh, it doesn't mean that you have to do paperwork, you don't have to
00:18:27sign cumbersome papers, it's just one
00:18:57the moratoriums for retirees
00:19:00are ending.
00:19:17But necessity kills
00:19:19doctrine.
00:19:27asks to buy years of
00:19:28contributions.
00:19:56you know that well, he has come many times here, no,
00:19:59and and and let's say
00:20:03he did was a retirement training and
00:20:06well, there is a report from Tony Conman that says that
00:20:09he went to ANSES to ask precisely because he did not
00:20:13have the necessary years of contribution and
00:20:16regularize, we here all the guests who come
00:20:19assume that the record is fine, no, if you don't
00:20:23say record, no, no, but if you, Mr. President, only have 5 years of
00:20:26contributions in principle, but well, yes, someone with a separate commercial
00:20:30activity, let's say, known, of course, of course, of course, and the truth is that we have
00:20:33a lot of respect for him, he has come many times here and we have
00:20:37treated him very well, we have debated and so on and the truth is
00:20:41that he is a true gentleman and what
00:20:43he did was nothing more and nothing less than put here the plate that
00:20:47the reality of Argentines, no, that... necessity kills
00:20:50doctrine, that is, the need to retire and well,
00:20:54he is not in favor of moratoriums
00:20:56or of being able to update this, but the reality is
00:21:00that he needs it and he didn't kill anyone either, that is, he went to
00:21:05the law, he didn't go as he should, but it calls
00:21:08attention that you see we say one thing, we say
00:21:12one thing with our mouths and with our hands we do others, no, yes, no,
00:21:15besides, let's go back, that's why when we say
00:21:18that eh those who are voting our
00:21:21laws, yes, no, you see there is something that is good, what is the
00:21:25wheeling and dealing and what is really objectivity, here there was no
00:21:28objectivity, someone who voted against
00:21:32tells you to be, except hey, look, what happens to me is one in a
00:21:37many retirees need and the ANSES numbers show it, 20% of
00:21:43historically will end up retiring, and women were left out of
00:21:46retirement, they changed their retirement age.
00:21:58Yes, ma'am, I'm going to be the devil's advocate, yes, yes, advocate, ultimately
00:22:01it would also be to avail oneself of a right that one currently has, of course
00:22:05it is, because otherwise it would also be like the case of a journalist who, for example, every
00:22:10or in favor of the modernization law and suddenly is
00:22:14demanding the payment of a final settlement for a dismissal, of course, ultimately,
00:22:17if I have a right, I can
00:22:20exercise it, if it seems so and I think it's good that we debate
00:22:24the lack of consistency regarding
00:22:27saying I vote for something and then I'm going to demand it, that's fine, but what you say
00:22:31is key and I think it's very correct, because the truth is that
00:22:34rights are for everyone and laws enable certain
00:22:38issues, these laws that enable you, no, let's say that you
00:22:42think differently does not mean that you can use the law, I can say I am
00:22:46against people who get into tax moratoriums, but if
00:22:49you owe, you can use it and it is legal to do so, that is, what
00:22:52Esper did is totally
00:22:56legal, it's just a moral issue not legal, of course,
00:23:00no, no, no, it's not questionable either because he has the right to do it, what happens is
00:23:03that what we want to say with this, is not to speak against
00:23:07Esper because I am not going to speak against Esper,
00:23:09it's eh, even if everyone
00:23:13says that the doctrine that people
00:23:16retire without contributions is fine, I want you to
00:23:20know that in Argentina what happens to
00:23:23Esper happens to everyone, so it's not just
00:23:27for those who think one way, probably
00:23:30Esper is right and my law is right that people have to
00:23:34retire with 30 years of contributions and the retirement
00:23:37fund would be healthy if all people who are on the books
00:23:40would go from being off the books to being on the books, ANSES would be
00:23:44super-profitable, yes, but for you know what is
00:23:47annoying, what happens is that reality kills fiction. No, what bothers
00:23:50me is the discourse, why? Because the discourse
00:23:54is under the discourse they lead people to
00:23:57oppose moratoriums that even discriminate
00:24:01against those who enter a moratorium because they call you a welfare recipient, you never
00:24:04worked, Esper never worked, he worked 5 years in his whole life, I don't
00:24:08think so, he is a person with, besides, with public
00:24:11academic activity with reports, I don't think he had
00:24:15only 5 years because be careful that the report does
00:24:19not show the contributions of self-employed or monotributistas that are not seen
00:24:22beyond that, for example, there is the case of Milei and his
00:24:26parents, yes, yes, his mother retired with
00:24:29a moratorium, she has said it publicly, so what I'm getting
00:24:32at is eh what was said, for example, in the discussion of the basic
00:24:36law when they tried to make this failed pension reform was
00:24:39that the retiree who contributed would have their pension increased.
00:24:42taking out the one who is making it so that the one who doesn't have contributions doesn't retire
00:24:46and let's say harming the one who didn't contribute, nobody contributed in... Argentina
00:24:50because you go to buy milk and you're contributing, you go to fill up gas, you're
00:24:53contributing, you contribute with a lot of things, so there's also the moral
00:24:57to say, I'll shut my mouth, if I'm against it I'll shut my mouth, but
00:25:00don't make a speech because then your mom
00:25:04has a moratorium, your friend has a moratorium, you need the
00:25:08moratorium, well put me the next one, so according to the note of esper requested
00:25:11to adhere to the benefit of law 2715 which
00:25:15allows regularizing the year of contribution to
00:25:41FAL and when one talks about the FAL one says what is the FAL for the
00:25:45one who used it in Malvinas well what is
00:25:48the FAL what is a Labor
00:25:52has been talked about a lot in recent months, because it's, let's say it's a
00:25:56big part of the topic of let's say this last
00:25:59labor reform and it takes on greater relevance. because it will enter into
00:26:03operation next month, clear, and many employers are, you see,
00:26:07it's said that retirees will lose, employers will win, they will fire
00:26:51saves every month to pay layoffs, what
00:26:55this does is obligate the company to have that saving, clear, why
00:26:59because many times what happens is that the company eh says a
00:27:02layoff, you see, it makes a layoff, then I don't have to pay you, well,
00:27:06it obligates to have a fund to pay layoffs,
00:27:09so far so good, that is, this FAL has to do with
00:27:13companies and worker layoffs, come on, who
00:27:16pays for it, well, the employer, who contributes to this labor
00:27:19assistance fund, the employer contributes according to the size of the company, SMEs
00:27:23contribute 2.5% of the total of salaries and large
00:27:26companies 1%, what is done is an
00:27:30account is opened and that money will be deposited. which will later be capitalized in addition
00:27:34to what but wait because one says that
00:27:37this why do SMEs pay 2.5% and large
00:27:41companies 1%, they are always benefited right, here
00:27:44we are going to see, Sebastian will also explain that this actually benefits the SME that it is
00:27:482.5% and not 1% because obviously it has fewer
00:27:51employees, it has less capacity of less wage bill so it will
00:27:55take much longer to fill the
00:28:01the... contributions to the SIPA which is the fund,
00:28:05let's say, the Argentine Integrated Pension System,
00:28:09pensions, pensions and pensions, what would be
00:28:11contributions are deducted for the FAL, that is, that
00:28:15percentage, since it does not cost companies more, it
00:28:18favors the small company that it is 2.5% and not
00:28:221%, because it's not that it pays an additional 2.5%, but
00:28:25that they retain it from the
00:28:28contributions, who does this screw over, well,
00:28:36is zero because that money comes from what is already used to pay pensions,
00:28:40so what there is is a defunding
00:28:43of pensions and retirements, but
00:28:46moment why it happens, not all workers
00:28:50work perfectly, there is always someone who, hey, I have to fire, why,
00:28:54either because the position doesn't suit me or because the person works
00:28:57badly, it's their right and what it does is
00:29:00that that money is secured. Yes, what is fantastic is
00:29:03that retirees are putting their money to
00:29:06finance the purchase of houses with mortgages and now they will also
00:29:10finance the layoffs, the truth is that retirees are
00:29:21I think maybe a point that I would add so that the people who are
00:29:25watching us, who are calm, especially the workers,
00:29:28that this regime applies to the 6 million workers that exist.
00:29:32Argentina's private sector does not apply to the public sector or to
00:29:36domestic workers, for example, so that they have it
00:29:39clear, eh and it will not affect the way
00:29:42in which the severance pay of
00:29:45a worker who is fired is calculated, that does not change
00:29:49at all, what does end up changing, well, as they well said, where
00:29:52the money comes from for the worker, eh I think that
00:29:56an intangible advantage, let's say, is that tomorrow
00:30:00if they are in a company and they feel that that
00:30:03company is about to
00:30:06go bankrupt or is in a bad situation, is short of money, does not have money to
00:30:09pay, eh, to the extent that this is mandatory and companies will
00:30:13have to put that money in that fund, eh, the day that
00:30:16they have to dismiss them, they will be able to ensure that they will collect the
00:30:20severance pay, so from that point of view the worker will feel a little
00:30:24safer that the money will go to
00:30:35first the company notifies the fund, then the fund
00:30:39deposits in 5 business days and if it is not enough the company
00:30:43puts the rest, which is important, clear.
Data courtesy of The GDELT Project (gdeltproject.org), from the Internet Archive TV News Archive. Film strip and transcript are GDELT's, rehosted here under their terms of use, which permit it with this citation.