“Se decidirá sobre la conveniencia de modificar el sistema de cesantía, paralelamente a la creación de un seguro de desempleo mediante el diálogo del sector estatal, laboral y empresarial y respetando los derechos adquiridos de los trabajadores, en un plazo no mayor de dos años…”
El párrafo anterior es un extracto del artículo 31 de la Ley de Estrategia Nacional de Desarrollo de la República Dominicana 2030 (Ley 1-12), la cual se promulgó el 25 de enero de 2012, y con la cual “se inicia, pues, el viaje de transformación hacia un país mejor”, explicaba el ministro de Economía, Planificación y Desarrollo, Juan Temístocles Montás, al momento de presentar la legislación en esa época.
Sin embargo, a casi seis años después de la promulgación de la Ley, una serie de reformas económicas que debían implementarse siguen posponiéndose, algunas por falta de acuerdos otras por falta de voluntad.
“… En adición, se procederá a adecuar la legislación laboral, a fin de modificar las disposiciones que distorsionan los procedimientos judiciales y deterioran las buenas relaciones del sector laboral”, concluía el primer párrafo del artículo 31, asociado al tercer eje de la Ley.
El tercer eje de la Estrategia Nacional de Desarrollo propone “Una economía articulada, innovadora y ambientalmente sostenible, con una estructura productiva que genera crecimiento alto y sostenido, con trabajo digno, que se inserta de forma competitiva en la economía global”.
Aunque las discusiones para la modificación al Código de Trabajo se iniciaron formalmente en octubre de 2013, cuando el presidente Danilo Medina designó una comisión mediante el Decreto 286-13, todavía no hay acuerdo en la “mesa tripartito” sobre este tema, llegando las conversaciones a entrar en un período de inactividad.
Pero no solo la reforma laboral que ordena la legislación está frenada, también, en el párrafo 3 del artículo 31 se manda a cambiar los marcos legales e institucionales relativos al sector agropecuario y forestal a fin de impulsar la transformación productiva de dicho sector, en un plazo no mayor de tres años.
Todavía el campo dominicano espera por la citada transformación que ordena la Ley 1-12, mientras las importaciones de bienes agropecuarios son cada año mayor, producto de la crisis que vive la producción agrícola y pecuaria en el país.
Lo que se ha hecho
Sin embargo, el país ha iniciado algunas de las reformas que establece la ley, sobre todo en las del acceso a crédito de los sectores productivos, tradicionalmente excluidos del sistema financiero formal y el financiamiento a largo plazo de inversiones productivas, aunque no fue en el plazo establecido, que era de cinco años.
Asimismo, en el párrafo cinco, del artículo 31, se ordena iniciar el proceso de reforma del sistema de registro de tierras y titulación, incluyendo el de los parceleros de la Reforma Agraria, el cual debía quedar completado en un plazo no mayor de cinco años, un tema en el cual se está comenzando a trabajar.
En otro artículo estaremos analizando las demás reformas que establece la Ley de Estrategia Nacional de Desarrollo 2023, que impactan directamente al empresariado y a la sociedad dominicana.
De nada sirve que el Estado dominicano continúe aprobando legislaciones si al final serán letra muerta que ni los gobiernos cumplirán.
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