The Argentine government issued a formal decree, wherein employers are required to pay a mandatory one-time bonus of AR$ 5.000 (equal to USD 85 at the current exchange rate), to be paid in October 2019, to all private sector employees
Sep
28
2019
Argentina: An employee that suffers a drug addiction problem is protected against discriminative dismissal
The Labour Courts of the City of Buenos Aires recently ruled that the dismissal of an employee that was suffering a drug addiction problem was discriminative and therefore, ordered the employer to pay him moral damages compensation
Aug
27
2019
Argentina: Labour Court considers whether an employee, who informally represented other employees before the employer is protected against dismissal as a union delegate?
In this particular case, the Labour Court considered that the employer had the burden to prove that the dismissal of the employee was not related to the employee´s claims against the company and his recent affiliation to the union. The Court ruled that even though the employee was not formally appointed as a union delegate, and consequently could not be afforded protection under union laws, the dismissal was discriminative and therefore null. Accordingly, the employer was ordered to reinstate the employee and pay him moral damages compensation
Jun
25
2019
Argentina: Are surveillance-camera footage valid as evidence before a Labour Court in Argentina?
This case law shows that for surveillance-camera footage to be used as evidence in a court claim, some legal requirements must be met and have to be ratified by other means of evidence
Apr
29
2019
Argentina: Court Holds That An Intern Who Does Not Perform Tasks Related To His College Studies Is Considered An Employee Of The Company
The Labour Courts of the city of Buenos Aires recently ruled that a student who carried out administrative tasks at the collections department of the defendant, is not an intern, and should be considered an employee of the defendant
Apr
03
2019
PRACTICAL SOLUTIONS TO COMPLEX CHALLENGES
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
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Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
Mar
28
2019
Argentina: Hiring less than 30% of female employees is considered discrimination by Labor Courts in Argentina
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
Jan
28
2019
Argentina: Additional severance compensation for dismissal of pregnant employees
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
Dec
05
2018
Argentina: Argentine government establishes conditions to be met prior to dismiss employees
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.
Oct
29
2018
Argentina: Are fringe benefits part of the employee´s salary?
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.