So, I'm being sued by the cleaning lady..

modulus

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..who is demanding more than $50K.

She cleaned my apartment sometimes once a week over the course over a year and a half, and did some administrative work for some months. I wanted to end our agreement because I thought it was very expensive. For the same reason she did not want to end it.

Finally I had to change locks on my apartment. After I left town and had friends staying in the apartment, she forced her way in by sneaking in the street door and pursuing them to the 2nd floor. We had to call the PFA to have her escorted out of the building.

So now she is demanding 50 000++ in back payments in a proceso laboral, claiming that she was employed full-time by me, and should have 1800 per month plus benefits.

Even if it sounds absolutely ludicrous, I have a feeling that things aren't that simple.

My friends in the restaurant business tell me that they recently have to settle cases all the time, and that the employee practically always wins. Any suggestions would be greatly appreciated. I'd hate to lose the apartment.
 

Cheney

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modulus said:
She cleaned my apartment sometimes once a week over the course over a year and a half, and did some administrative work for some months. I wanted to end our agreement because I thought it was very expensive. For the same reason she did not want to end it.
It saddens me that you are going through this as the relationship was mutually beneficial and now you sound screwed. I hope that is not the case. My mother-in-law is a lawyer but mostly does mediations but her English is limited.
 

perry

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Its sad but very true and its a minefield employing people here and the law will give them the benefit of the doubt in claims against the employers even if once a week.

Part time work is a grey area and best toi employ all workers in white and with contracts with all stipulations signed to avoid conflicts in the future.
 

Delfina

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I´m sorry to read this... But I think she´s asking way too much, even if she could prove that salary and that she worked for you every day, for being fired the law says you get one month salary per year and a few extras...

Still, you need a lawyer, specialized in "Derecho Laboral". I can recommend you a few, as I used to work in a Law firm.
 

nikad

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Wow, go get a lawyer, this is totally unfair and probably one of the reasons why companies do not do business with us, these laws are abusive and all against the employer :p
 

rihornos

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If she was working once a week and you can prove it there is no way for her to win a suit, she would need witnesses, don`t be afraid I quite frankly don`t think she will get away with. Get a lawyer on Tribunales for advice you will feel better after talking. This woman knows you don`t know the laws and that`s why she frightens you Iam almost sure you will have to arrive to an agreement but that`s all. Imagine who would have a maid in buenos aires if we would have to pay a fortune!!
all the best
Reina
 

gouchobob

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I think I would agree with the advice, see an attorney. Unfortunately this happens all the time.

See what the attorney recommends. From other people I know who have been in similar situations the process is heavily weighted in favor of the employee.
They may recommend negotiating a monetary settlement, and I know this sounds like paying extortion, but it may be the easiest and most cost effective way of handling the problem.
 

nativexpat

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I really don't have any advise, but I just wanted to say I sympathize...You won't lose the apartment, that's for sure. I'd go with the settlement if I were you.

Good luck!
 

jez

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Is she monotributo? has she been declaring her taxes, is so I doubt for $1800 month.....turn it round on her an report her to AFIP.

At $1800 month thats over 2 years she claims she hasn't been paid...she worked for you for free for 2 years......I doubt she can prove that in a court..
 

modulus

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Just wanted to say thank you very much for the feedback and advice so far; I will get in touch with those of you who have offered me to do so at a more civilized hour...

The ironic thing is that I have constantly been trying to do all transactions in BsAs "white", getting facturas etc from every plumber etc, but at times it is almost impossible. So regarding the cleaning lady I specifically paid her by transferring electronically from my bank account to hers, in order to have a "paper" trail. She has a company she is running from next door (non-related business), so she must have been busy also working full-time for me..

I'll try to get some sleep.

Thanks again everyone for the moral and practical support.
 
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