Indemnizacion

[Pensador]

Well as Steve has detailed it out.... I will say it again, just get on a plane. The hassle may not be worth it and the stakes given changes in the laws may make the risks not worth it.

 

[steveinbsas]

Well as Steve has detailed it out.... I will say it again, just get on a plane. The hassle may not be worth it and the stakes given changes in the laws may make the risks not worth it.

I hope you (the OP) realize that the post above (by Pensador) is in reference to the recent decree which turns "irregular inhabitants" into "illegal aliens." it has nothing to do with working or if you have a legitimate claim to indemnizacion.

If your tourist visa has expired and it's too late to get an extension, I suggest you use the search engine and try to find the posts by Dr. Rubilar (bajo_cero2) about the detention facility (some would call it a "jail" while others might use the term "prison") for "illegal aliens" awaiting deportation.

Perhaps then you will focus more on getting out of Argentina without being arrested and detained prior to deportation than getting some money out of your previous employer.

If I knew of any way you could legally stay in Argentina I would be happy to tell you. So would many other members here, including Dr. Rubilar. Unfortunately, I doubt that any of us can help you stay.


On the other hand, if you have an Argentine novio/a who wants to get married...

 

[Pensador]

I guess you could put it like this.

http://www.youtube.com/watch?v=v2AC41dglnM

 

[Pensador]

I am really missing URU now it is so expat friendly they wont even tax you. I think I have no other choice take ma ma and go get out this mess. Funny part was the boarder police in URA told me. You should not go back things have changed stay here with us. It was a kind warning nothing less than I would expect from the gentle souls in URU. Finish remolding here and go back to LaBarra.

 

[steveinbsas]

Here are two recent posts by Dr. Rubilar that deal with the subject of arrest and deportation of illegal aliens:

I would add that the Colonia run is dead, now you are not irregular anymore, with this regime you are an illegal alien that can be arrested just like that and deported after 60 days in jail.

I have a paper from the Director of the attorneys if the DNM and deportations rised 1000%.

And to live in a country where is no rule of law is not very attractive.

According to the Director it deportations it used to take 400 days up to 8 years while now they do not even need an order of a judge for arresting you.

I daresay that a quick and voluntary departure would be vastly more desirable than spending between seven and sixty days in jail prior to deportation if you cannot "present a case" to be allowed to stay.

 

[steveinbsas]

From the thread: Has The Long Awaited Crackdown On 90 Day Overstays Begun?

Well, i got in 1 day more notifications of fines than i used to get in one year: ethnic cleansing.

To which I replied:

Are the "notifications of fines" for overstaying the tourist visa (the original issue of this topic)?

Is it actually a demand for payment of a fine or is it an official notification of a violation that can only be dealt with by paying?

I once heard a "rumor" that Chinese had to pay an exorbitant fee upon entry, but I am not sure if that is $ paid above or below the table to migraciones. Once admitted, why would they have to pay a fine of any kind?...or are they only given 90 day visa on entry and then expected to pay more later?

And here is Dr. Rubilar's answer:

They are fines of about 300.000 for working without legal residency.

If this means that a foreigner working without "legal residency" is subject to a $300,000 peso fine (perhaps even more today), I think the OP would be well advised NOT to pursue ANY legal action against his former employer..

 

[Pensador]

Ufff I remember a very different Argentia so long ago. Like they say one thing is for sure change. But I would put money on what Steve has outlined that is for sure.

 

[Bajo_cero2]

From the thread: Has The Long Awaited Crackdown On 90 Day Overstays Begun?



To which I replied:



And here is Dr. Rubilar's answer:



If this means that a foreigner working without "legal residency" is subject to a $300,000 peso fine (perhaps even more today), I think the OP would be well advised NOT to pursue ANY legal action against his former employer..

No!
The employer is subject to a fine that now is 450.000 and he/she is entitled to a indemnization of 2 salaries plus the proportional of the aguinaldo (1 extra salary split in 12) and vacation.
So, you have a very good negociation situation. Regards

 

[steveinbsas]

No!
The employer is subject to a fine that now is 450.000 and he/she is entitled to a indemnization of 2 salaries plus the proportional of the aguinaldo (1 extra salary split in 12) and vacation.
So, you have a very good negociation situation. Regards

Two unanswered questions remain: Does this apply to someone who was working at a company for less than 90 days and what negative consequences might there be (with migraciones) for someone who is (at the time of making the claim) in Argentina with an expired tourist visa?

 

[Orionch]

Two unanswered questions remain: Does this apply to someone who was working at a company for less than 90 days and what negative consequences might there be (with migraciones) for someone who is (at the time of making the claim) in Argentina with an expired tourist visa?

Yes I have these same questions as well...