Getting Fired.

[fcoulombe]

Hi,

I've been working as a temporary resident for 2 years now.
In 20 days, my residency ends and for some reason, my employer hasn't renewed my contract. (they're saying that it's coming...)

This got me thinking, if they don't renew my contract... isn't that an "easy way" to fire me without having to pay me money for it? (indemnization or whatever they call it)

Am I protected against this kind of stuff as an employee?

Any info would be appreciated.

cheers
Francois

 

[jez]

It sounds like your contact was for a fixed term...? Therefore the company has no obligation to renew it, therefore they aren't firing you...

 

[ben]

The standard modus operandi of employees here is to sue - or threaten to sue - the employer for all sorts of alleged abuses in the workplace, knowing that the courts generally favor employees. Settling for 10K severance is a common enough result. This is regardless of indemnizacion.

In any case, having your status terminated would not appear to have any effect at all regarding your rights as a legal employee previously. Even if you take no steps at all to regularize your status here, overstaying here is not a criminal act even if you had entered on a regular 90 day visa. All your rights as an employee would appear to stay.

I think a simple letter drafted by an Argentine lawyer would broadcast the fact that the sucker treatment will not fly with you, and possibly lead to a quick solution.

UPDATE - jez is correct that if you're not a full-time employee, your rights to indemizacion may not exist in the first place. This needs a quick consultation with a reliable and trustworthy professional.

 

[fcoulombe]

thanks for the answers.

I always thought that I was a full time employee (I need to dig and find my work contract somewhere in all the argentine papers...) but it sounds like they need to "renew your contract" in some way to apply for an extension on the temporary residence. as in, it's a required piece of paper to apply for it. that's the part that led me to believe that it is only possible to make an employment contract for the duration of the temporary residency.

Then again... I could be wrong. It just smells fishy and I rather figure this out now instead of being caught by surprise.

 

[mikic007]

I believed after 3 months you get permanent contract, at least that was explained to me. It's automatic. I don't think you can work 2 years on something temporary. If so, why wouldn't every employer choose this option?

 

[nikad]

There are different legal aspects to be considered: if you were temporarily replacing another worker, if it is a side project, etc. If not, you could sue your employer. Bare in mind that you will need witnesses and that it is a lengthy process ( 5-8 years ) If you are planning to still be around and are able to make it to audiences, provide witnesses, etc you could sue him, find a lawyer and find out what your rights are.

 

[fcoulombe]

I just found my original contract from 2013. it states that the length is: "indeterminado"

i wasn't replacing another worker.
it's not a side project.

I think I'm covered.

Thanks everyone for the replies

 

[Bajo_cero2]

Sue him.

 

[Ceviche]

Sue him.

Dr Rubilar, do you do other cases too other than immigration? And are you equally effective? Though, I do understand all good lawyer have a area of expertise and your area is citizenship,.

 

[Bajo_cero2]

I don't propose myself for the job. I don't even take care of the cases of my employed, a labor lawyer does.