Recently, National Labor Court No. 42 Another sentence dealing with possibility was implemented Compensation for damage proven due to non-registration to the actual contract terms. Let us remember that this case raised different interpretations regarding the dictates Basic lawWhich prohibits the fines that were applied to these cases for non-compliance with registration.
The pending ruling relates to the lawsuit filed by Gianfranco David Ricciardi against the company Dulce De Leche & Co. SASAnd natural persons Mathias Raoul Bruno and Luis Maria Gonzalez Minchónby Unjustified dismissalFailure to register workers and pay salaries is in the black.
The actor claimed that, during his employment relationship, he received less than the wage stipulated in CCT 130/75applicable to the activity, was not paid for overtime hours and a portion of his salary was not recorded. He pointed out that the lack of registration affected his contributions to the social security system and increased the value of contributions The unconstitutionality of Basic Law No. 27742Which abolished some of the compensation stipulated in previous laws (Law 24013).
Thus, the telegraphic exchange began the process of generating separation for these reasons, which required the correct registration of the employment contract, payment of accrued concepts, overtime and salary differentials, as well as the integration of contributions into the social security system. Due to the accused’s silence and refusal to respond, the actor considered himself fired April 17, 2025And delivered through new TCLs.
Already in the lawsuit, he also requested that the appointments be agreed upon Unrewarding In the Collective Labor Agreement (CCT) 130/75 it is considered RewardingUnder the pretext that it distorts the nature of salaries for the mentioned benefits.
to fail National Labor Court of First Instance No. 42Dated November 4, 2025and decided that the defendants were in Procedural rebellionWhich means that the truth of the facts contained in the complaint is presumed unless proven otherwise. Therefore, the employment relationship between the parties, date of entry, job category, work schedule and wages reported by the plaintiff are considered certified. Likewise, it was proven that the company paid a wage lower than that stipulated in the collective agreement, did not pay overtime and recorded in its payroll receipts a wage lower than that which it actually received.
Judge’s ruling Acceptance of the plaintiff’s claimbut also in terms of approach The unconstitutionality of Law No. 27742The judge rejected the actor’s request, arguing that canceling the compensation stipulated in previous laws does not violate fundamental rights protected by the national constitution or international treaties.
However, it was acknowledged that Lack of work registration constitutes an illegal act that could generate Clear and noticeable damagesuch as the impossibility of calculating years of contributions for retirement, limited access to social work, difficulties in obtaining credits and other restrictions. Therefore, it was decided that these damages are notorious and do not require additional funding, which justifies compensation equal to what is stipulated in the law. Article 245 of the Treaty Law
Regarding the defendants’ liability Mathias Raoul Bruno and Luis Maria Gonzalez MinchónThe referee analyzed her role as follows: Commercial company managers. He concluded that, given the presumption of the facts set out in the complaint, the other defendants could not have known about the registration violations, such as the payment of black wages and the failure to register the true terms of the employment contract. It was therefore decided that both should respond Several times For concepts related to the aforementioned violations, but not for all of the company’s business debts.
he The total amount of the penalty amounts to $22,896,971which includes concepts such as Compensation for seniority, notice, SAC, days worked, vacation not taken, accrued salaries, salary differentials and damages.. In addition, the defendants were ordered to extradite Work and pension contribution certificates Provided in Article 80 of the LCT Law and 12 paragraph g) of Law 24241. This information is not just another detail of the sentence, since the cost of preparing and paying for corrections in ARCA has a very significant value, sometimes comparable to the sentences themselves.
regarding Update amounts Which results in the liquidation procedure, the court reserves what has been analyzed so far, which is Consumer Price Index (CPI) Plus one 3% annual interest From the time each concept is due until its actual payment.
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