In Argentina, according to the Labor Contracts Law (LCT), there are some situations where An employer can fire an employee without paying him severance pay.. The fact is that workers have rights, but also obligations which, if not fulfilled, could lead to dismissal for just cause.
Law 20.744 establishes that, in the event of dismissal, the employer must do so in writing and clarify the reason. If the employer does not clarify the reason, the dismissal is considered without cause and the worker will receive compensation. compensation.
Here are some of the most common causes of dismissal without the right to compensation:
- Serious negligence or breach of contract
If the worker commits a serious fault or does not comply with the terms of the employment contract in such a way as to justify immediate dismissal, the employer can dismiss him or her without granting any compensation.
These could be examples of serious crimes theft, violence in the workplace, repeated non-compliance of work obligations or repeated absences without justification, among others.
- Acts of violence or harassment
If an employee was involved acts of violence, sexual harassment or workl in the workplace, the employer can justify dismissal without compensation.
- Abandonment of work
Yes an employee leaves the workplace without justification or fails to report for a prolonged period without notifying the employer, this could be considered abandonment of the employment relationship and justify dismissal without the right to compensation.
It is important to pay attention In any case, the dismissal must be duly motivated and proven to avoid possible legal action by the dismissed worker. Furthermore, it is essential that both the employer and the employee comply with the legal procedures and requirements established by applicable labor legislation.
Some questions that arise after dismissal
The site www.argentina.gob.ar/justicia/derechofacil/leysimple/despido provides various keys that explain how to behave in the event of dismissal of a worker.
- Notice of dismissal
If they fire you they must do it in writing and clarify the reason. If your employer does not clarify the reason, the dismissal is considered without reason and you are entitled to compensation.
- What should I do if I receive a dismissal telegram?
Reply immediately. Otherwise, the employer’s reason for firing you may be considered valid.
- They fired me but they won’t tell me why, is it legal?
Yes. If you have received a dismissal telegram without indication of any cause, you are entitled to receive the corresponding compensation within 4 days of dismissal.
- Verbal dismissal: My employer told me not to go to work anymore, what do I do?
You must send a (free) telegram to your employer asking him to clarify your employment situation in writing. In the meantime you have to keep going to work.
- Verbal dismissal is not valid
The employer must always communicate this in writing.
Cases of unregistered work
- I work illegally and my employer verbally fired me, what can I do?
Since you are black, your employer will not agree to fire you in writing because it would recognize the employment relationship.
You must inform him, via a free telegram, so that he can sign you up and you will remain empty.
Compensation
- Is it possible that I will be fired and not be entitled to receive any compensation?
Yes. If you have not fulfilled any of your duties as a worker, The employer has the right to fire you for just cause. without paying you a fee.
The employer must always notify you of dismissal in writing and detail exactly the reason for the dismissal.
Source: Clarin
