Help! Argentine boss not paying me, owes me 2,000 pesos.

[Bajo_cero2]

I do not think he is up to anything nasty really, he must have figured it was best to pay than deal with AFIP, Min de Trabajo, and bad word of mouth and that you would be content with the amount owed and are not gonna ask for indemnization, etc

Right!
He must pay you a lot more than the 2000. If you worked 1 year, then he must pay another 2000 for the forewarning, 2000 for the 2 aguinaldo he didn´t pay you, about 1000 for vacation, 2000 for indemnization plus 100% in AFIP penalties plus the difference between the salary he paid and the salary according to the union. So, it is about between 15.000 to 30.000 estimative. (I am not a labor lawyer, this is just an idea about why you should have an interview with a labor attorney before you meet him). Regards

 

[citygirl]

I would assume you are/were supposed to be a monotributista no? My understanding (and correct me if I'm wrong please,) is that monotributistas aren't entitled to aguinaldo ni vacation, etc. Did you invoice him on a monthly basis for the services you delivered?

Quite frankly - if I were in your shoes, I would get my monies owed and leave it at that. A court case is long, expensive and frankly, even if you win - it could take years to get your money, if you ever do. Collect what is owed and move on.

 

[tinto]

i totally agree with citygirl, except that i would try to warn future employees, too. you weren´t working full time, right? it sounds like a monotributista situation so you do not legally get all the benefits of a regular full-time employee. just get your money and then write messages on forums, etc., about how he treats his workers.

 

[Delfina]

If I were you, I would try to find a lawyer, a trustable "abogado laboralista" who knows what he`s doing.

Here, the chance of winning is big, because every labor judge must apply the "in dubio pro operario" principle, and that means with minimal proof (as two witnesses, or emails, etc.) the employer is the one who must prove that he wasn`t hiring you. Many cases end up with an agreement.

It`s also possible to sue without costs when you start, because what "laboralistas" normally do, is to take a percentage of what they get (beware with that too before you sign anything!).

 

[perry]

Too many people are becoming litigious in Argentina because they can and this is affecting worker to employer relations negatively .

Many foreigners who have casually employed a part time maid who came just once a week and now being sued .

I agree that people deserve to be paid correctly but this litigious mentality prevalent in Argentina causes more harm than good.

 

[nikad]

Too many people are becoming litigious in Argentina because they can and this is affecting worker to employer relations negatively .

Many foreigners who have casually employed a part time maid who came just once a week and now being sued .

I agree that people deserve to be paid correctly but this litigious mentality prevalent in Argentina causes more harm than good.

There are abuses on both sides unfortunately, this case clearly deserves that legal action is taken against the scamming employer. The OP did not say whether she is monotributista or not, I would not go through the hassle for that money, unless i was here for the long run.

 

[Delfina]

Too many people are becoming litigious in Argentina because they can and this is affecting worker to employer relations negatively .

Many foreigners who have casually employed a part time maid who came just once a week and now being sued .

I agree that people deserve to be paid correctly but this litigious mentality prevalent in Argentina causes more harm than good.

I can´t agree more with you on that, but in this particular case I think she has every right to sue. Is not that she is trying to "get money" from the employer, is that she has to know what she can do if he is not paying her salary.

Now I saw the post where she says he told her to go and collect the money. Let´s see what happens! (Sylvia let us know!! - and good luck!)

 

[MizzMarr]

If the OP does start a lawsuit, there is a series of meetings (seclo) and official letters sent that have to happen before it would ever go to trial. Chances are that he will settle out of court in one of the seclo meetings. Court IS long (1-2 years to see the money) and expensive and as an employer on the wrong side of the lawsuit I doubt he'll want to go through that. Of course this may be a lot of hassle for the OP, and depending on the relationship and whatever "goodwill" may be left she may just want to drop it (and just get her cash), but it's good to know that you have options!!

Many times employers will try to take advantage of employees like this, and until they get smacked in the face with the true legal consequences they will never learn their lesson. Sounds like he's got a bit of one coming, unfortunately for all involved.

 

[Bajo_cero2]

I would assume you are/were supposed to be a monotributista no? My understanding (and correct me if I'm wrong please,) is that monotributistas aren't entitled to aguinaldo ni vacation, etc. Did you invoice him on a monthly basis for the services you delivered?

Quite frankly - if I were in your shoes, I would get my monies owed and leave it at that. A court case is long, expensive and frankly, even if you win - it could take years to get your money, if you ever do. Collect what is owed and move on.

No, this is called labor fraud, pacific precedents of the labor chamber say this is fake, so they see reality, she is an employed. In legal English this is the "disregard theory". Regards

 

[Bajo_cero2]

It is SECLO.
http://www.trabajo.gov.ar/seclo/index.asp

Perry, you mean that people who was hiring somebody evading his tax and retirement obligations is being sued. What´s the complain? That this is not India?