Indemnizacion

#1
Hey everyone,

I just had a quick question about indemnizacion. I took a job at an English teaching institute back in August and was fired the other day due to not having yet received a work visa (I submitted a criminal background check request to the FBI in September and still have heard nothing back). I wasn't sure if I am by law entitled to indemnizacion or if that was only available to people who are fired without cause. Also, the fact that I am not yet a resident worker may complicate things. I'd be very grateful for any information someone could provide so I can know what my rights are.

Much thanks,
Orion
 
#3
I was told by an argentine local that I'm entitled to indemnizacion but after doing some online research I read some things to the contrary. So yes, I am serious and I'm new to the Argentine job market and would appreciate help rather than condescension. Thanks.
 

nikad

Registered
#4
I was told by an argentine local that I'm entitled to indemnizacion but after doing some online research I read some things to the contrary. So yes, I am serious and I'm new to the Argentine job market and would appreciate help rather than condescension. Thanks.
Go talk to a lawyer that specializes in labor law, they do not charge for consultation and will give you the right answer. They are the ones most interested in defending you if there is a chance of $$
 
#7
Indemnizacion after 90 days ? for illegal immigrants with/out contract..?


https://www.google.cl/search?q=despido+sin+causa+art+245&rlz=1C1LDJZ_enAR501AR505&oq=despido+sin+causa&aqs=chrome.3.69i57j0l5.13705j0j7&sourceid=chrome&ie=UTF-8

In cases of dismissal ordered by the employer without just cause, having or not mediated notice, the latter must pay the worker compensation equivalent to ONE (1) month of salary for each year of service or fraction greater than THREE (3) months, based on the best monthly, normal and usual remuneration ...

En los casos de despido dispuesto por el empleador sin justa causa, habiendo o no mediado preaviso, éste deberá abonar al trabajador una indemnización equivalente a UN (1) mes de sueldo por cada año de servicio o fracción mayor de TRES (3) meses, tomando como base la mejor remuneración mensual, normal y habitual ...
 
#8
Indemnizacion after 90 days ? for illegal immigrants with/out contract..?


https://www.google.c...chrome&ie=UTF-8

In cases of dismissal ordered by the employer without just cause, having or not mediated notice, the latter must pay the worker compensation equivalent to ONE (1) month of salary for each year of service or fraction greater than THREE (3) months, based on the best monthly, normal and usual remuneration ...

En los casos de despido dispuesto por el empleador sin justa causa, habiendo o no mediado preaviso, éste deberá abonar al trabajador una indemnización equivalente a UN (1) mes de sueldo por cada año de servicio o fracción mayor de TRES (3) meses, tomando como base la mejor remuneración mensual, normal y habitual ...
Well I was on a contract with Wall Street English, but I was supposed to get a work visa. Again, sent in a request to the FBI for criminal background check and never heard back, and given that three months have passed they just decided to fire me.
 
#9
Well I was on a contract with Wall Street English, but I was supposed to get a work visa. Again, sent in a request to the FBI for criminal background check and never heard back, and given that three months have passed they just decided to fire me.
It would help to know if Wall Street English actually was doing anything on your behalf to help you get a "work visa" (aka temporary residency and a DNI.

Did they ever ask you for a precaria?

Did they tell you to take your work contract to migraciones with the other required paperwork to ask for temporary residency?

Did they ask for a CUIL?.

I am surprised (in today's "climate") they just let you start working without any of the above..

I think they're the ones with huge liability if they get caught with "undocumented" foreigners working for them.

Ten years ago the fine for paying in negro was $80,000 pesos.

I believe that was increased to $400,000 pesos and that figure may have been increased (significantly) since then.

You indicated you requested an FBI report but haven't heard back.

Did you send impressions of your fingerprints along with a completed form?

Did you ask that the report be certified by the State Department?

Did you provide a US address for the report to be sent to?

Last I read (here), they don't send the completed forms out of the USA, but that could have changed.

Also: It would be "interesting" to know if Wall Street English paid you in cash. I wonder how you could even prove you worked for them without pay stubs. Without, them it might be difficult to prove your case.

PS: The man that sold me the house I am living in was hit with an $80,000 peso lien on the house just before we were scheduled to have the escritura (closing). It was because an employee claimed she was not paid en blanco. Legally with receipts). If I understand correectly, the fines do not go to the employee, so don't get the idea you might receive any revenue from fines levied by AFIP.

The same man also told me never to hire anyone (even locals for more than 90 days in a calendar year to do any work at my property.

PS2: If you worked for 90 days without a work visa and still don't have one, that means you don't have a DNI. Did you extend your tourist visa? If not you are now an illegal alien.

I suggest you draw as little attention to yourself as possible.
 
#10
PS (to my last post): if your 90 day visa expired less than 30 days ago and you have not asked for an extension at migraciones (prorroga de permanencia), I suggest you do so ASAP.

You will pay 50% more than the normal fee, but it will keep you legal.

If it expired more than 30 days ago, you cannot get an extension.

You are now subject to arrest and deportation.

And if your tourist visa expired more than 30 days ago, based on what Dr. Rubilar recently posted, don't go to migraciones!

PS: If you have a prorroga (extension) and overstay by even one day you will have to pay the overstay fee when you leave. As far as I know (unless migraciones hunts you down first), you should be able to go to the airport, pay the overstay fee and get out without any trouble.

You could try making a visa run to Uruguay, but also based on what Dr. Rubilar (aka bajo_cero2) recently posted, I wouldn't count on getting back in if I was in your shoes.

PS2: If you did get a 90 day extension of your initial tourist visa, keep in mind that you cannot return to migraciones and get another one. If you go back after the prorroga expires, you could be arrested and deported.

And Dr Rubilar has made it sound more like a certainty than a possibility.