This case law shows that the Labor Courts in Argentina understand that even when there is no specific law in this respect, in order for employers not to discriminate against women, female employees should make up at least 30% of their workforce. The Labor Court also ordered the bus company to pass a hiring policy by which it guarantees equal access and opportunities for being hired as bus drivers
The Labor Courts of the city of Buenos Aires, in the case “V. A. R. D. c/ Faurecia Argentina SA s/ despido’’ ruled that the employer must pay additional severance compensation (equal to 13 monthly salaries) provided by labor laws to an employee that was pregnant at the time of her dismissal, even though the employee had not served formal notice of her pregnancy to her employer prior to her dismissal, as required by labor law
New Decree provides that up to March 31, 2019, employers in Argentina must follow a procedure before dismissing without justified cause, employees hired under an indefinite term employment. The employer must serve notice of that dismissal upon the Ministry of Production.
The Labor Courts of the city of Buenos Aires, in the case ‘‘Sanchez Ávalos, Julio Arturo y otros vs/ Cisco systems inc.’’ ruled that the parking space and mobile phone granted to an employee are part of his salary and must pay taxes and social security contributions. The Court also decided that those fringe benefits, plus the bonus paid to the employee, should also be taken into account for purposes of calculating severance pay.
The National Labor Court of Appeals of the City of Buenos Aires, in a recent judgment, decided that the employer may not fairly dismiss an employee based on evidence obtained from the employee’s corporate email, if the use of the corporate email has not been specifically regulated and formally communicated to the employees