The greatest danger in times of turbulence, is not turbulence itself but to act with yesterday’s logic.

Big question?

Will GOA show leadership in endorsing the tripartite committee’s recommendation to make the 20/20% easier for employees to accept, by NOT making it mandatory for companies but by INCORPORATING it into law?

A week has gone by and not a peep from GOA on this burning issue.

GOA is refusing to change. Let’s do nothing to really help companies and the economy. Let’s put the burden of the 40% on companies who are making NO money and have to rely on employees’ consent, to drop their pay?

What are you smoking?

Consent?!

See how far you got with your unions, and you will understand that in MANY CASES employees just wouldn’t sign, and if they don’t, the business CANNOT accept the wage subsidy because…. all it takes is one unreasonable employee, one ambulance-chasing lawyer, and one socialist judge, to rule against the employer and side for the employee for lost wages, he is so-called ENTITLED to.

Because, the existing law does not cover pandemic, and there is no jurisprudence, no precedence by which employers might be protected. What’s gonna happen if courts approve a wages request?

Our labor laws already allow the inmates to run the prison, and now in this time of crisis they are also running the treasury.

Yes, there are ways around it, but they are time consuming and layered with bureaucracy because you’re dealing with a pseudo-union called The Labor Department.

Just another example of GOA’s failure on the economic and labor fronts.

This is a plea for help: If the 20/20% is not anchored by law, and labor laws weren’t changed to allow companies flexibility with their hiring, as long as MinSAL, Glenbert Croes, maintains his hero stance, there will be no recovery.

As it stands, companies are unable to obtain their employees’ consent, they cannot accept the wage subsidy for fear of being sued down the road, and GOA is unmovable.

EMPLOYERS: Let your employees become former-employees and stay on FASE. Do not assume that the 20/20% is etched in stone, as agreed by the “Dialogo Social Laboral Tripartite”, which included the government, private sector, and union representatives. GOA did not create a legal framework for that arrangement and you cannot easily reduce work hours and corresponding pay on a unilateral basis, without it. For lack of legislation, employers are exposed.

And as we said before, the only ones to benefit from the crisis are the accountants and the legal eagles.

Under the current arrangement it indeed seems that the wage subsidy will only prolong the death of our business community, forced to keep employees and pay them, under threat by the Labor Department.

And remember, employers must retain some cash reserves, in order to sustain their business’ reopening.

But if they must mortgage themselves, bankruptcy is a viable option, especially if you don’t owe the tax man much. If you owe the tax man, you’d better keep that company alive otherwise you are liable for all debts personally!

But if you’re debt-free at the tax department, freeze your corporation, use your resources to sustain yourself, and try to start again later, or in case of bankruptcy establish under another shelf corporation, that’s the free advice by my LEGAL EAGLE FRIENDS.   

Even CAft chairman Raymond Gradus, complains how GOA does not accept recommendation, and refuses to change, do things differently, until when?

What needs to happen for GOA to see the light?

 

 

 

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May 11, 2020
Rona Coster