No. Article 25 of Law No. 5953 prohibits it in terms: the obligations falling on the employer as a result of the application of this Law cannot be relied on as a reason for reducing journalists' wages and other rights to lower levels.

The Logic of the Provision

The provision creates a balance. The Law imposes a series of obligations on the employer: the annual bonus, long annual leave, double pay for night overtime, severance measured on service in the profession. Article 25 prevents those obligations being used as a reason to cut existing entitlements.

When Does This Arise?

The article matters particularly for publications newly brought within the Law. Internet news sites were brought within Law 5953 by Law No. 7418 with effect from 18/10/2022. At a site brought within scope on that date:

  • An annual bonus obligation arose (Art. 14)
  • Annual leave rose to four or six weeks (Art. 21)
  • Seniority became tied to total service in the profession (Art. 6)
  • Night overtime became payable at double (Add. Art. 1)

Article 25 prevents wages or existing practices being rolled back to meet those new costs. The change of scope is covered in the news site article.

The Sanction

Under Article 30, an employer acting contrary to Article 25 is subject to an administrative fine, imposed by the regional director of the Ministry of Labour and Social Security.

More Favourable Rights Are Already Preserved

The Law carries qualifiers pointing the same way in several places. At the end of Article 16, for example, rights arising from a more favourable contract, practice or custom are preserved for military service and pregnancy.

Bottom Line

The obligations arising from Law No. 5953 cannot be used as a reason to reduce journalists' wages and other rights. Acting contrary to Article 25 gives rise to an administrative fine under Article 30. The Law sets a floor: contracts may improve on it but not undercut it.