by: Dr.MARCO CABRERA labor lawyer
professional advice is well known that the National Employment Law (Law 24 013) contains provisions which empower the employee to request the proper registration of the characteristics and conditions employment relationship. This suggests the consolidation of several adverse situations that may arise on the ward to irregularities committed by the employer in regard to either the complete lack of registration of the relationship or deficiencies related to seniority or pay, which is the assumption that we mention in this commentary.
This sense, the aforementioned Law 24,013, which is dependent on Tuitiva objectives and in turn aids the functions of Comptroller's own collection agency for social security resources, ie the Federal Administration of Public Revenue (AFIP) - allows the worker require your employer for a period of thirty days, the correction of registration irregularities that may arise in respect of remuneration in all its forms, ie both the monthly salary, as items of any other regular payment, and are semiannual (annual salary supplement), annual (vacation, bonuses, etc..) or any other frequency. That is, the employee authorizes right to require registration of all the items that make up their pay, as stipulated in Article 11 (under law 25 345), imposing a burden in turn forwarded to the AFIP mentioned, within 24 hours, a copy of the order in question.
Obviously, the laudable purposes of the law is to protect the uneven level of employment in respect of abuses of his employer to hurt in various ways and whose configuration has been outside, without having any possibility of avoided. These abuses can harm both remiss regarding the future value of your pension or pension have the cause-holders, as on the performance of social work, etc. (Depending on whether it exceeds or not the tax liability 24,241 provided by law and similar provisions), the correct calculation of the hourly value of their assets, and may also affect their access to credit, banking, and any other related service to the creditworthiness of the applicant.
indicate that there is irregularities that are imposed on the clerk, who has no real possibility of questioning them, simply because they are well within the rule "take it or leave it", ie "accept the conditions of work I impose or get your sustenance elsewhere. "
during full employment was in a situation of total vulnerability, since that relationship was never registered under the rules set forth by the law pertains to the subject. "The situation of unregistered worker is totally unprotected, is not covered by labor legislation and social security and lack of medical care coverage for himself and his family, and is not entitled to recover, unemployment or accidents work. This lack of registration is a negative value is projected to the entire social order, creating provisional tax evasion, unfair competition with employers in good standing, and loss of income due to lack of trade unions payment of union dues "(Julio Armando Grizolía, Labour and Social Security, Eighth Edition, De Palma, Buenos Aires, 2003, pag. 150). In line with the foremost national doctrine, in the same direction, our jurisprudence said that the payment in black: "... is a typical labor and social security fraud, and that usually has ultimate evasion by the Social Security system and harms the worker is deprived of all benefits, the sector person who is a victim of tax evasion and the business community, as to reduce labor costs, makes the author of the maneuver in a better position to compete in the market than other employers reserved law-abiding "(Room X, 20/9/2000" Coleura, Sergio D. C / Fridge La Nona and Other "DT, 2001-A 122). It has been said to" Payment of wages is not illegal a kind of collusion between the employer and the employee or an agreement to commit an unlawful simulation. Rather it is caused by the decision of the employer who, for personal reasons or economic reasons, generates all the related negative consequences and contributions "(Room VI, 9/5/1995" Lobertini Angel C / Drean SA S / Dismissal) . Also, the lack of employment adjustment is compounded by the delayed payment of wages. In this respect our Court has held: "... so pay debt constitutes libel and perfect the indirect dismissal with just cause, it is necessary that before the clerk externalize its intention to terminate the contract, the recipient becomes aware of the formal notice, in order to establish its position on the relationship and its subsequent decision to be considered terminated (SCBA, 2/8/2000 "Badano, Hugo A. v. Ruben O. Fernandez and Other S / severance pay, T & SS, 2001-226 )..." . It also says that: "... the late payment of wages ... an injury preventive care of the further link indirectly justifying dismissal of the worker, without being able to dispense with the economic crisis cited by the employer (C Job. Tucumán, Room I, 26/7/2000, "Molina, Marcela A. c. Sanatoriums Asociados SA ")...". From the foregoing it is clear that, if the lack of registration the employment relationship and the late payment of wages, adds the aggravation of existing tasks refusal by the employer, is fully justified to constructive dismissal, made by the employee. In view of the above in the preceding paragraphs .
so when a dependent is in a situation that should be addressed to an appropriate professional and trust to schedule a consultation so that it is registered
