Labor Affairs Councils Report
by: Dr. Miguel Esteban
Cabrera (Cabrera & Associates study)
tips
1. Al contratrar an employee, you must apply as indispensable: all your personal data (identity card, citizenship certificate, current address, etc.) Employment application signed by him in his own handwriting., Trial work contract.
All these elements can be achieved in the study professional advice
are also advised not to hire undocumented workers or employees in black.
immediate notice to your accountant all the information and ask the same that gives the new employee at AFIP early discharge, and all the elements mentioned above ut the counter for the file
You can also find out if the Labour Justice employee has lawsuits against other employers.
In the absence of the employee without notice, immediately notify study and / or accountant to send a telegram
addition, any absence should be advised, and submitted supporting medical certificates because I face similar
theft or theft and / or misconduct of the employee must be informed immediately of the studio to take legal action suspension and / or warning and / or police report.
2. Before
dispute receipt of any notification and / or telegrma immediately refer the study
NOT receive notifications that come addressed to someone other than the current holder of the trade
If in doubt, and further information request time in the studio with a professional. Labour Ministry
Claim
After an exchange of letters, usually the employee and his lawyer, so start a complaint with Labor Ministry called SECLO, so trade came one of the agency
telegrma Refer and immediately notify the study the lawyers.
At that hearing has to be the holder of trade with a lawyer but is charged a fine of $ 225
TIP: Every holder of commerce, who is absent for a long time, stop agent, and / or empower the study to avoid fines and penalties
The first hearing of Secla is approach and to hear the complaint, usually by leyre current job, for ork delt are indemnaizaciones very high.
Council: Lord paid on this occasion you have to merituar and be as broad as possible in its offer money.
After this first hearing, the lawyer will give you an appointment at the studio to discuss the issue. And try to reach an agreement with the employee and his lawyer
If the second hearing, not reached any agreement, NO third, and direct the trial worker
Starts Trial
After the stage above, local came to a writ of summons work
Inmdediatamente call the studio and bring the application and all documentation of the employee
ALSO, you should immediately contact your accountant, and ask the accounting data necessary.
It should get 3 to five witnesses.
TIP: It should be noted that once the trial costs and the amount of the settlement is far superior to the stage of SECLO and fees are required
After collecting the items that the lawyers of study requested, will demand answers. While
, two or three months, the court appointment to go to court on the employer to try and take another reconciliation statement / hearing / positions
If you follow the trial should go after the witnesses, who are referred by professional studio
Then came the audit report, and analyze court accountant all books and records of the employer
TIP: try to reach an agreement before sentencing at the same consideration to take into account labor law in favor of Argentina Judgement
operator
After all the tests from one year to two, the sentencing judge based on the same
COUNCIL: Once sentenced, can not be reconciled for less than the same amount as requested Appeal
The sentence in federal capital trials may be appealed to the camera, which takes a while longer, in bs pcia, not because there is no such instance
If
Execution Case is not paid, it runs through an attachment to the employer, for example daily seize local revenues, but on accounts, goods, etc. and costs are much higher than
Please if in doubt, seek professional appointment in advance.
professional advice
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