recently, National Labor Court No. 42 inspired another sentence dealing with the possibility of Compensate for damages proven due to lack of registration Regarding actual contract terms. Let us recall that this issue has given rise to different interpretations of state orders. basis lawprohibits the fines that were applicable in case of non-compliance with these registrations.
The commented judgment deals with a lawsuit initiated by. Gianfranco David Ricciardi To the company Dulce de Leche & Co SASand natural persons Matthias Raul Bruno and Luis Maria Gonzalez Menchonby unfair dismissallack of labor registration and payment of black salaries.
The actor claimed that during his employment relationship, he was paid less than what was required by law. CCT130/75as applicable to this activity, he was not paid for overtime hours nor was any portion of his salary recorded. Furthermore, pointing out that lack of registration affects contributions to the social security system, Unconstitutionality of Base Law No. 27,742abolished certain compensations provided for in previous legislation (Law 24,013).
Telegraph exchanges therefore began the process of creating separation for these reasons, which required the correct registration of employment contracts, payment of outstanding concepts, payment of overtime wages and salary differences, and consolidation of contributions to the social security system. Given the defendant’s silence and refusal to answer, the actor considered himself fired. April 17, 2025communicate through the new TCL.
Already in litigation, the following agreement regarding the transfer is also being sought: No remuneration In the collective labor agreement (CCT), 130/75 was deemed as: remunerationalleging that the benefits distort the salary nature of the benefits.
failure National Labor Court of First Instance No. 42dated November 4, 2025it was determined that there was a defendant. procedural rebellionThis means that the truth of the facts stated in the complaint is presumed unless proven otherwise. Therefore, the employment relationship between the parties, date of employment, type of job, work schedule, remuneration, etc. reported by the plaintiff are deemed to have been certified. Similarly, it was deemed to be proven that the company paid lower remuneration than the collective bargaining agreement, did not pay overtime, and recorded lower remuneration on salary receipts than actually received.
the judge handed down the verdict accept the plaintiff’s claimbut also regarding the approach of Unconstitutionality of law 27,742the judge rejected the actor’s request, arguing that the abolition of the compensation stipulated in the previous law did not violate fundamental rights protected by national constitutions and international treaties.
However, it was realized that: lack of labor registration This is an illegal act that may lead to. obvious damageinability to calculate years of retirement contributions, limited access to social work, difficulty earning credits, and other limitations. It was therefore held that these damages were notorious and warranted compensation equal to that provided by law, without the need for further findings. LCT Article 245
Regarding the liability of co-defendants Matthias Raul Bruno and Luis Maria Gonzalez Menchonthe judgment analyzed its role as follows: director of a commercial company. Since the facts stated in the complaint are presumed to be true, it was concluded that the co-defendants could not be ignorant of registration irregularities such as the payment of underground wages and the failure to register the actual status of the employment contract. It was therefore decided that both should respond to each Not all debts of commercial companies are covered, but the concepts related to fraud mentioned above are covered.
he Total judgment reaches $22,896,971includes concepts such as: Seniority, notice, SAC, days worked, accrued vacation, accrued salary, salary difference and damages. Additionally, defendants were ordered to produce the following documents: Labor and pension contribution certificate Article 80 of the LCT and Paragraph 12 g) of Law No. 24,241. This information is more than just a detail of a judgment, as the cost of preparing and paying an ARCA correction is significant and, in some cases, comparable to the judgment itself.
Regarding, Update amount As a result, liquidation will be carried out, but the court upholds what has been analyzed so far. Consumer Price Index (CPI) plus one 3% annual interest rate From the time each concept expires until the actual payment is made.
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