this is the big problem that companies now have

The AFIP began to notify the benefit of the Complementary Salary but without numbers and not to all sectors. Companies analyze how to settle wages

Given the lack of information from the AFIP and the urgency to settle salaries, The companies analyze alternatives to apply the Government benefit that consists of the payment by the ANSeS of a Complementary Salary to each worker to alleviate the employers.

The AFIP is the one that, according to the regulations, must pre-liquidate the benefit of the Supplementary Salary for each worker and communicate it to the ANSeS for control purposes. But neither of the two agencies is providing that information to companies so that they can settle salaries.

Gabriela Russo, president of the Buenos Aires Professional Council of Economic Sciences (Cpcecaba), commented that there are four situations regarding aid to companies for the payment of salaries and employer charges:

  • Many received a notice from the AFIP informing that they were granted the benefit of the extension until June of the retirement contributions and also the help to pay salaries. But in this case, which is the best, no amounts are indicated nor is there an indication of how to settle April salaries.
  • Other companies are waiting to be notified. For example, in the construction sector they have already received the note, among others, while there are activities that are among those listed as beneficiaries that have not yet received any notice, Russo said.
  • Others will never get it, because they signed up after the AFIP said that all employers should do so, even if they were not from the activities benefited or their turnover had not decreased. Russo commented that there are companies that are in this segment due to inflation.
  • A fourth sector is that of those that were notified on the 27th, the last in which it was possible to register that they had to rectify the billing because the information reported did not coincide with the AFIP records.

Russo indicated that in many cases it was not done in time to rectify and there is concern that there are companies that are left out of the aid for the payment of salaries for this reason.

More doubts: when to deposit

On the other hand, Russo said that there are also uncertainties about when and how the Supplementary Salary will be deposited in the bank account of the employee by ANSES.

In the market, it was commented yesterday that a text message from the ANSeS was coming to the cell phones saying that the Complementary Salary will be deposited on April 30.

Lucas Tamagno, from Allende & Brea, also reported that last Friday the AFIP began to send notifications to the electronic addresses established by the companies where they were informed of the benefits that each company had accessed under the Assistance Program in Emergency for Work and Production.

The notification told the companies that they had agreed to postpone the payment of employer contributions corresponding to the period accrued during the month of April 2020 and of access to the Supplementary Salary benefit that will be paid to the company’s employees for a amount of the order of 50% with the minimum Minimum Living and Mobile Salary limit and two cap SMVMs.

“However, It is the payment of this Supplementary Salary that generates the most unknowns among companies today because there are many doubts that in these days that remain until the end of the month, employees will receive the State contribution“Tamagno warned.

“Considering the number of companies that had signed up to access the benefits program and the number, in turn, of employees that many of these companies have on their payrolls, it seems materially difficult for them to come from the State to carry out all the transfers to each of these employees, “said Tamagno.

“Even more so when a single figure is not transferred for all employees, but it will vary according to the salary they receive,” he added.

Given this, some companies are considering alternative measures to avoid problems with their employees, who are likely to see less pay than they usually receive immediately, Tamagno said.

The two alternatives that appear before the non-payment in term of the complementary Salary by the State, given that a potential conflict is generated with the employee for the company, are the following:

1. Advancement of salary: so that the employee does not see his salary affected in case the State pays late, some companies are thinking of offering as an alternative to pay that amount through the advancement of salary modality. Once verified that the State paid the corresponding amount, this advance is deducted from the next salary received by the employee.

2. The company expects the State to pay the sum and in case of conflict it will evaluate what to do. Clearly, there is no misconduct on the part of the employer that could generate injury to the worker, so some companies, if the State does not pay, could assess not paying or making any payment. These would be the companies that are most financially committed.

However, companies have the doubt of how to verify if the worker’s payment is actually credited, and in the case of companies that have employees with variable wages, how much they are credited, Tamagno assured,

Decree 376/2020 establishes “the amount of the allowance will be equivalent to 50% of the net salary of the worker or the worker corresponding to the month of February 2020, and may not be less than a sum equivalent to a minimum, vital and mobile salary nor exceed two minimum wages, vital and mobile, or the total net salary corresponding to that month. ”

In this way, the employer, according to the employee’s salary level, will make the calculation that the employee will receive according to the payment he will receive from the State. For example, in cases of wages of up to $ 33,750, the State will pay a Complementary Salary of $ 16,875, which is the value of the Minimum Salary today, and in the case of salaries greater than said amount, the State will participate, paying 50% of the salary with cap set at two vital and mobile minimum wages.

Paula Babij, senior lawyer at Estudio De Diego, from the point of view of the payment of salaries, one interpretation is that the Complementary Salary would function as a kind of “financing” on the part of the State, and as such, should be deducted from the receipt of salaries.

Babij gave three examples of the amount that the ANSeS would pay:

Case 1

  • Gross salary for February 2020: $ 100,000
  • Net according to the profit standard: $ 83,000
  • Complementary salary: 50% of $ 83,000 = $ 41,500
  • ANSeS would deposit to the employee the sum of $ 33,750.

“This amount is what should be deducted from the salary earned in April 2020,” Babij said.

Case 2:

  • Gross salary for February 2020: $ 60,000
  • Net according to the benefit standard: $ 49,800
  • Complementary salary: 50% of $ 49,800 = $ 24,900

In this case, then, ANSeS would deposit the employee the sum of $ 24,900.

Case 3:

  • Gross salary for February 2020: $ 25,000
  • Net according to the benefit standard: $ 20,750
  • Complementary salary: 50% of $ 20,750 = $ 10,375
  • ANSES would deposit to the employee the sum of $ 16,875.

Of course, to consider this alternative, the granting of the benefit must have been notified to the employer, Babij warned.

The specialist recommended, in case of making the discount, incorporate in the pay stubs a legend indicating that said amount could be adjusted if the precise information were available. “This, in case there are differences between what is discounted by the employer and what is actually paid by ANSES,” he said.

Another possibility is to wait for the regulation, for the doubts that some particular treatment is indicated for the Complementary Salary, although this situation would imply for the employer to pay the entire salary, without counting on the aid granted, something that many companies are not in conditions to do.

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