Now I feel like a local - our first lawsuit ;)

[steveinbsas]

Unnecessary Steve. Obviously did not read anything I just wrote.

Is an employer not guilty if he/she does not pay his/her employees? Is an employer not guilty if he/she sexually harasses his/her employees? Is an employer not guilty if he/she fires an employee for taking a sick day? for asking for legally-mandated benefits?

Is there not a middle ground with some people? Or was that sarcasm Steve? If so, sorry, internet is not very good for conveying tone.

It is absolutely necessary. Bringing a lawsuit against an employer in Argentina without any basis in reality (even after being paid) appears to be an acceptable form of making (extra) money.

Do you think for even a nansecond that citygirl is guilty of sexaully harrassing or termanating any of her employees for taking a sick day or asking for legally mandated benefits?

Here is my only "favorite" quotation from my facebook page:

"Every movement that seeks to enslave a country, every dictatorship or potential dictatorship, needs some minority group as a scapegoat which it can blame for the nation’s troubles and use as a justification of its own demands for dictatorial powers. In Soviet Russia, the scapegoat was the bourgeoisie; in Nazi Germany, it was the Jewish people; in America, it is the businessmen."

Ayn Rand

It wasn't said recently, and it applies (worldwide) now more than ever.

 

[PabloAriel]

He's being sarcastic.

BTW, GuilleGee made my point. Although I might ve been too naive to think about someone suing an employer for nothing, I prefer it being this way rather than having labour laws that benefits employers.

 

[Napoleon]

He's being sarcastic.

I would say that his intention was "Both". Sarcastic AND absolutely truthful. It's nice when it's not possible to be both. This isn't one of those times.

 

[fifs2]

Thanks for an alternative and local perspective.

An ill-informed local perspective - all legal fees and associated costs are free for any employee suing an employer or former employer whilst a mere CD costs 50 pesos for the employer defending his/herself. Go figure..the pendulum has swung to far to the right..employees MUST have rights but rights to sue isnt helping anyone in the equation.

 

[jaredwb]

While I can't post details, I have to admit - I feel this is just another oh so fun right of passage. I received notice today that an employee who quit without notice is suing for a lot of money. (and by a lot, I mean several times his annual salary). Again - this is an employee who walked off the job, not as a result of any action on our part. He has completely and 100% fabricated claims without any basis in fact.

Unbelievable. Luckily everything we did is en blanco and he really has no case but now we'll need to pay thousands to defend ourselves against this frivolous lawsuit.

My lawyers comment - "Oh, totally normal, he's just hoping you pay him X so that he goes away. He knows its BS, his lawyer knows it's BS but it would be cheaper to just pay him something than go to court. That is how the system works here."

This is what employers have to look forward to here.

Welcome to Argentina Business 101. This is exactly why I closed doors on my successful business and reopened outside of Argentina. While I still have employees here they are ALL expats and all work as private contractors. I will NEVER hire an Argentina employee EVER EVER EVER again.

This, and the many many business killing policies being passed are also why companies will be moving all operations OUT of Argentina over the next 2 years.

I had ANOTHER client today tell me they are picking up shop and moving to Brazil (Their AR operations employs close to 300 people). This is 5 in the last 6 months (all Fortune 1000 companies).

Good luck Argentina...in a few years you are going to wish you had all those horrible, evil, capitalist bosses back. At least then you still had a job.

 

[fifs2]

I had ANOTHER client today tell me they are picking up shop and moving to Brazil (Their AR operations employs close to 300 people). This is 5 in the last 6 months (all Fortune 1000 companies).

Good luck Argentina...in a few years you are going to wish you had all those horrible, evil, capitalist bosses back. At least then you still had a job.[/quote]

Totally agree..when we opened up in Brazil 5 years ago we had Argentineans warning us about the legal nightmare of hiring Brazilian employees...it has been a walk in the park compared to Argentina..we`ve never actually gone to court here but we have paid way too much money to lazy, corrupt, stealing SOB employees just to leave and go away. I`m glad today all our Arg. friends are appalled at the behavior of their Bsas compatriates and we know so many professionals here but the law is doing nothing to protect honest employers.

 

[GuilleGee]

Do you think for even a nansecond that citygirl is guilty of sexaully harrassing or termanating any of her employees for taking a sick day or asking for legally mandated benefits?

Steve, come on, just read my post! Did not accuse her of that.

 

[steveinbsas]

Steve, come on, just read my post! Did not accuse her of that.

I know that. You were generalizing.

 

[Hache]

I prefer it being this way rather than having labour laws that benefits employers.

I prefer them to be impartial and without gray areas opportunists on either side would benefit from.

 

[John.St]

Again - this is an employee who walked off the job, not as a result of any action on our part. He has completely and 100% fabricated claims without any basis in fact.

Learn - tell him that if he doesn't withdraw the lawsuit, you'll tell AFIP about the 2,200 pesos in negro you have paid him every month for 2½ years. Also demand he returns the laptop he took with him.