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

citygirl

Registered
The original post said the woman also did some administrative work for her. As such, I assumed that the poster was doing some type of work which required administrative support (ie - had some type of company). Hence my question regarding if the poster had an official company here, authorization to work, was paying taxes, etc.

If the woman was just cleaning - that is one thing (and still should *technically* be en blanco). But having her do administrative work is where it becomes much more of an issue. There are A LOT of requirements for employees (13th month of salary, basic insurance needs to be provided, taxes, severance laws, etc).
 

modulus

Registered
citygirl said:
If the woman was just cleaning - that is one thing (and still should *technically* be en blanco). But having her do administrative work is where it becomes much more of an issue. There are A LOT of requirements for employees (13th month of salary, basic insurance needs to be provided, taxes, severance laws, etc).
Greetings friends..

I was a little unclear about the nature of the "administrative work" she was doing. It was just related to taking care of the place while I was away-- keeping keys to the apartment and letting visitors in, paying some bills, etc.
 
modulus said:
Greetings friends..

I was a little unclear about the nature of the "administrative work" she was doing. It was just related to taking care of the place while I was away-- keeping keys to the apartment and letting visitors in, paying some bills, etc.
So, in fact, she was doing very little "administrative work" for you at all.
She is just your basic opportunist.

I find this such an outrage but I know how common these situations are. These types of lawsuits can drag out for anywhere from 3 - 10 years depending on how it goes. And, lawyers do not come cheap. If I were you I would stay away from lawyers that specialize in the English speaking foreign market. Find yourself a "mom and pop" shop where they speak very little English but know the Argentine system as well as the dirtbag who is doing this to you.
 

citygirl

Registered
Ahhhhhh - that clarifies (by the way, wasn't trying to be accusatory, just pragmatic). So indeed, no real administrative work was done and she is completely trying to take advantage of you.

I think the advice given is good - find a good, local lawyer & threaten to look more closely into her tax situation, etc. It still may be worth it and cheaper in the long run to offer her a minimal settlement to have the problem go away. If you go that route, I would recommend having a local lawyer offer it to her & negotiate on your behalf.

So sorry you are having to deal with this :(
 

BAJoe

Registered
You seem to have some things in your favor. But either way you should CONSULT with a LABOR ATTORNEY.

I have heard that in order to participate in the "blanco" mode, and pay taxes on their income, domestic service employees must work at least 3 days a week at the same address, and over 4 hours each time. These figures may be slightly off, but I know there are some minumum requirements.

The way I recall it, anything less than that may be considered a "loop-hole" that doesn´t require any registration or taxation.

So you would not have broken any law, and she would need to PROVE that she was there over and beyond those specific time limits.

What you have in your favor is those bank payment receipts. It will be very hard for her to convince a judge that you were only paying her for one work day per week, while she was not demanding payment of the other 4 days!!!

Ask your lawyers if by accepting every weekly payment without claiming outstanding pay, (through a "carta documento,") she has locked herself into having to admit that she was only working that single day each week.

Another trick you can pull is to try to meet her alone, and "WIRE" YOURSELF or your place with an AUDIO or VIDEO RECORDER. Ask your lawyer if it can help to get her to admit she is just trying to shake you down. You may need a court order, and that may be through an "penal" lawyer, not "labor". (many lawyers handle the different courts).

Other option: sell apt. and re-invest abroad and off the record if possible. You can buy an apt in Montevideo, put it up for rent, and rent something here for the same amount. That way the justice system can´t put a lean on your property, which they can do in a few months if the case is filed.


Ask your lawyer about the chances of a favorable "mediacion". The mediator is a neutral attorney who may side with you, upon showing the bank transfers. You can actually be spared of any payments except a 50/50 on the mediator and your atty. fees.

If you don´t "win" outright, you may reach an agreement, without accepting any wrongdoing. This outcome is a legal settlement, bound by the courts, meaning she is out of your life and the case is closed.

If you need to settle, try to convince her that any settlement, no matter how small, is safer than a possible loss in court (becasue of your e-payment slips).

OK, best of luck.
PS: for ALL your employees and help, YOU NEED TO GET PROPER RECOMMENDATIONS!! Evangelical churches are where you can find many decent, honest workers.
 

Attorney

Registered
1. do you have assets in the country?.
2. do you have residency?.
3. has she filed a claim in tribunal domestico or SECLO?.

cheers.
 

BT-Done That

Registered
There are 4 national sports in Argentina:

!. Futbol
2. Making babies
3. Not paying your taxes
4. Finding a way to sue your employer

If she was employed 6 hours per week or more, you owe the govt the local version of social security payments.

You do need a lawyer and you will lose. There is a whole system of lawyers and arbitrators here devoted to employer lawsuits--it is a big business. May employ more people than 'love hotels". Did you notice that in the post office there are free letters already designed to document that someone quit in a legal fashion?

Your lawyer's job is to negotiate the lowest possible settlement.

Next time only hire someone who has a monotributo and will give you a legal receipt for each payment.
 

veronica

Registered
A student of mine who's a lawyer might be able to help you. He's a super nice guy and speaks great English. PM me if you want the number.
 

modulus

Registered
Best and most supportive forum ever.
I'm very grateful for all your thoughts, offers and moral support.
 

modulus

Registered
Attorney said:
1. do you have assets in the country?.
2. do you have residency?.
3. has she filed a claim in tribunal domestico or SECLO?.

cheers.
1. The property
2. Nope
3. Need to check on that one!

The thing is that the lady has her own remise company who also were in charge of getting my visitors to and from EZE. Her tasks expanded from there, so it didn't occur to me that I should have separated the functions she was performing. But she must have some sort of registration as a company owner.
 
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