In Argentina, workers in relationships can depend on compensation, if they are fired. However, there are several cases when work can be lost and not receive financial compensation.
Although dismissal is considered for no reason, there are specific situations in which the law supports the termination of communication without compensation, as in the faults of the contract.
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What does the Law on dismissal without compensation say?
In Argentina, is in relations depending, it provides certain rights, including compensation for dismissal. Nevertheless, there are specific situations that can leave an employee without this financial compensation, such as violation of the contract.
Law 20 744 these scenarios are regulated, and what is considered a “fair reason for dismissal”.
In these cases, the employer is not obliged to compensate the employee, provided that there is a sufficient number of evidence, and the established legal steps are performed.
When do they not pay me compensation?
In Argentina, dismissal for violation of the contract occurs when the employer finishes labor relations for serious crimes committed by the employee.
These crimes should make it impossible with a contractual connection, affecting conscientiousness, discipline or the normal functioning of the company.
Among the most common reasons are unreasonable absence, repeated disobedience, acts of violence or damage to the goods of the company.
If the employee believes that the dismissal was arbitrary or that the reason is not supported, he can initiate judicial claims to challenge him and demand appropriate compensation.
When should the employer not pay compensation?
As the Argentine rule defines, employees will not receive compensation if their reason for dismissal will be:
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Serious violation of labor obligations
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Participation in blocks or institution Thomas
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Damage to objects or people at the workplace
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Measures of force that prevent the entrance or dismissal of the third party
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Pursuit at the workplace, unjustified absence or rejection of tasks
Before the dismissal is valid, the employer must convince the employee in writing in order to change the behavior. In extreme cases, such as physical damage, this previous intimidation is not required.
Employees should receive a telegram with a detailed reason for dismissal.
What to do if they dismiss me for no reason?
If a telegram is received for no detailed reason, it is assumed that dismissal is “for no reason” and has the right to complete compensation. This corresponds to one month of salary per year, the integration of the month of dismissal, notification and proportional leave.
What will happen if they fired me, but they did not send me a telegram?
If the telegram was not sent, there is no legal reliability of the end of labor relations. So, if the employer says: “Do not come anymore,” you need to send a free telegram with a request to clarify the situation with employment. Meanwhile, you must continue to work on maintaining rights.