My Divorce From Argentina

[fifs2]

I actually refused to do it on the 2 times employees tried to sue (in 3 years). All the employees were 100% in white, they had QUIT and then threatened to sue. I think they were shocked when I refused to settle with them, they were 100% expecting it. We went to the initial arbitration and they sat there expecting the offer. I told them they were welcome to move forward with the suit but i had signed employee contracts, proof of payments, certified F/S that matched the payments, email records, proof of electronic entry/exit from the premises, etc, etc, etc.

In both cases, they dropped the lawsuit at the end after realizing I wouldn't cave and just settle to make it go away. And that it would take years to get to court and while there was no guarantee (it's Argentina after all), there was a really good chance they would lose.

Sometimes not settling works here. (In both cases, I went against my lawyer's advice to settle). I refused to do it on principle and it wound up working out.

Yup I think we share views on this. On the advice of our lawyers we did settle some early lawsuits with people asking to be fired so they could be paid, rather than quit. The sums were small, the lawyers advised that this is how things work in Argentina. We then started to see a trend and a poor atmosphere permeate some groups in the company until 1 girl with us 5 years simply refused to do her job. She would turn up every day, do a few hours then say we were asking too much of her and leave and her response to mgmt and HR was "What are you going to do about it? Fire me!"...so we did, without paying and I, point blank and against the advice of our lawyers, refused to pay, as like you citygirl we have always worked en blanco, had all our ts crossed and is dotted re contracts, job descriptions, goals and objectives, performance reviews etc. I felt and still feel that justice has to be done if not for us as owners but for the dedicated professionals who turn up every day and give their all and who wouldnt dream of acting in this way. It is they who we disappoint when we roll over and pay fraudulent suits simply because thats the way things are done here. Her lawsuit is dropped, staff attitude 100% improved and we have changed to new lawyers who share our views...

 

[Iznogud]

What about travel agency kind of business. Will it work? Thinking of bringing rich loaded tourists from China and India to South America. They are the ones who have the money and are in vast no. Will it work or it has pitfalls? Comments

Are there any rich people in South america who will like a travel agency to take them to Asia?

I think this could work only or mostly if you were apt in offering a tour package full of glamour and with small or no weak spots. Leading tight groups with little or no opportunity to wander off. Keep them happy, busy and offer the best. All joy, no miseries. Must make sure they will cover the long distances between attractions (the south, the falls or the NOA) smoothly.

As per the group working at this end, you need passionate people, happy with their jobs and enjoying the many opportunities it provides.
There are a bunch of places that cater exclusively to foreigners here in Argentina and manage to do so in a bubble, keeping distances with the rest of what is going on. A Club Med type thing, isolated from the exterior and doing well almost anywhere. Find the right people and you will only have to deal with the outside and not office headaches.

Lead from the front.

I had the chance to travel a lot in my mid twenties (China, India, etc.) when I was based in Europe. Have yet to find another argie that has done anything like it. We are a lot more shortsighted and dream of Europe but hardly ever have eyes beyond that.
You will either find the young adventurers living on a shoestring and touring the world with no worries and no dime or the extremely few wealthy exploring beyond the horizon.
Most adults look forward to exotic beaches, period.

Recently I enjoyed watching The Best Exotic Marigold Hotel. Charming movie. There's your target, if you can find it here.

The GF is a CPA with Llongueras (coiffeurs) and a bunch of assorted biz (we've dealt with Teamsters, Construction, Patisserie, you name it), I hear her talk how most employements are terminated. When necessary they settle for an amount that is neatly calculated based on the job, time under contract, cause of the termination and leverage on both sides. That avoids a lawsuit if they feel the trouble and time is not worth it. Most people leaving their jobs are required to send a telegram so they collect their due and afterwards they can go f*ck themselves. Many/most just leave with no hassle.
While the law is biased against the employer and that encourages ill behaviour by the employee, the lawsuits take time and the winners are systematically the lawyers and not the employees. That's the main reason why they're looking for settlements.

 

[Ceviche]

But there is a big difference between being married for 5 years to someone (even considering they don't have many ties on paper) vs. someone that isn't married or engaged.

I mean let's be honest. Any reasonable person is going to assume after 5 years of being married, it's most likely very clear this wasn't some quickie "marriage of convenience" to get a green card.

I was reading a very interesting article on immigration today on "immigration via marriage".

Read this about Canadian Immigration

Quote :-

"Canadian Neil MacDonald, 60, met Chinese Zheng Qun Huang on the Chinese Lovelinks dating site in 2006. He visited her in China on several occasions in 2006 and they were married in 2007. MacDonald applied to sponsor his wife's Canadian residency application in 2008. This application was dismissed by an adjudicator in December 2008. He appealed against the decision. After spending years exhausting all the appeal processes which were open to him, his application was finally dismissed last week.

At the final hearing, Mr MacDonald brought evidence which showed that the couple still exchange emails every day and that Mr MacDonald visits his wife twice a year in China. Mr MacDonald's son from a previous marriage vouched for their relationship. Nonetheless her residency application has been refused.

In a decision reached last week, a federal judge dismissed Mr Macdonald's appeal against the original decision to allow Miss Zheng residency. He said that the original decision of the adjudicator had been reasonable. The adjudicator said that Zheng had sought a 'new life in a new land … with one of the first persons she met over the international website despite the ongoing and considerable language barrier,"

One Vancouver immigration lawyer Richard Kurland denies that there is any trend towards the refusal of spousal sponsorship applications. He added that the tighter rules might protect credulous Canadians who marry in good faith from the attentions of unscrupulous foreigners seeking residency in Canada by any means."

:unquote

 

[earlyretirement]

Yup I think we share views on this. On the advice of our lawyers we did settle some early lawsuits with people asking to be fired so they could be paid, rather than quit. The sums were small, the lawyers advised that this is how things work in Argentina. We then started to see a trend and a poor atmosphere permeate some groups in the company until 1 girl with us 5 years simply refused to do her job. She would turn up every day, do a few hours then say we were asking too much of her and leave and her response to mgmt and HR was "What are you going to do about it? Fire me!"...so we did, without paying and I, point blank and against the advice of our lawyers, refused to pay, as like you citygirl we have always worked en blanco, had all our ts crossed and is dotted re contracts, job descriptions, goals and objectives, performance reviews etc. I felt and still feel that justice has to be done if not for us as owners but for the dedicated professionals who turn up every day and give their all and who wouldnt dream of acting in this way. It is they who we disappoint when we roll over and pay fraudulent suits simply because thats the way things are done here. Her lawsuit is dropped, staff attitude 100% improved and we have changed to new lawyers who share our views...

Oh trust me I share Citygirl's views on not paying. I tried that a few times but it's MUCH different when they are QUITTING and trying to claim it vs. you FIRING them and doing it.

Like both of you, I did everything in white, paid taxes, paid them completely in white. That certainly helps but I've had situations like fifs2 where FORMALLY hardworking and trusting employees just show up to work and pretty much do nothing. It's quite clear they want to get fired. And it's not a productive environment with the standoff of them coming to work doing nothing and getting a salary vs. having to fire them and pay them severance.

It's a lose lose situation many times. Either they will come to work and not be productive or you have to fire them and pay a severance. (A big severance if they have been there many years).

Other employees constantly called in sick. The laws are broken where basically if they have a doctor's note they are covered. And let's get real...they all can easily get a fake doctor's note. One time we busted an employee. She had a sick note written by a doctor that turned out to be a plastic surgeon! LOL. We gave her a warning.

And don't even get me started about trying to fire a non-productive staff member that happens to get pregnant.

My advice if you're going to start a legitimate business is try to have as few employees as possible.

 

[fifs2]

Oh trust me I share Citygirl's views on not paying. I tried that a few times but it's MUCH different when they are QUITTING and trying to claim it vs. you FIRING them and doing it.

Like both of you, I did everything in white, paid taxes, paid them completely in white. That certainly helps but I've had situations like fifs2 where FORMALLY hardworking and trusting employees just show up to work and pretty much do nothing. It's quite clear they want to get fired. And it's not a productive environment with the standoff of them coming to work doing nothing and getting a salary vs. having to fire them and pay them severance.

It's a lose lose situation many times. Either they will come to work and not be productive or you have to fire them and pay a severance. (A big severance if they have been there many years).

Other employees constantly called in sick. The laws are broken where basically if they have a doctor's note they are covered. And let's get real...they all can easily get a fake doctor's note. One time we busted an employee. She had a sick note written by a doctor that turned out to be a plastic surgeon! LOL. We gave her a warning.

And don't even get me started about trying to fire a non-productive staff member that happens to get pregnant.

My advice if you're going to start a legitimate business is try to have as few employees as possible.

Too true. It feels like lose lose for employee/er and as you say the lawyers are the ones winning. Today is Dia del abogado by the way..theyre all bathing in champagne as we "poor" employers wear sackcloth and ashes and self flagulating. Machines are the stress and lawsuit free future we all crave!!!

 

[Iznogud]

... tighter rules might protect credulous Canadians who marry in good faith from the attentions of unscrupulous foreigners seeking residency in Canada by any means."

Read a related story on another board the other day, reported by a friend of the victim. Canadian, married a foreign woman he was in love with and the day she obtained her residence she went to the PD and accused him of beating her. Straightfaced she told him that had been her plan all along. She filed for divorce got all his estate and the guy is still in shock and devastated.

 

[Ceviche]

Read a related story on another board the other day, reported by a friend of the victim. Canadian, married a foreign woman he was in love withand the day she obtained her residence she went to the PD and accused him of beating her. Straigfaced she told him that had been her plan all along. She filed for divorce got all his estate and the guy is still in shock and devastated.

You read it on this board only. I told the story of my friend.

 

[Iznogud]

Getting old, aren't I? At least, did I get it right?

 

[Cordobese]

Just wanted to follow up on this threat since it drew so much interest.

I am back in the US of FREAKING A and loving it!

Back to good customer service, great food, affordable electronics (grabbed the Iphone 5 today), home internet that downloads at 13megs and uploads at 5megs. I even saw a few American girls that I thought were hot.

BTW....had 150 pesos when I got arrived in the US. Was able to sell them...for 8.6 to 1....hahah.

 

[PhilipDT]

when I got arrived in the US. Was able to sell them...for 8.6 to 1....hahah.

In two years you'll be laughing about how good of a transaction that was.