Labor Case Law and Judicial Precedents
Judicial interpretation by Argentina's highest appellate courts establishes the true economic scope of employee rights. In this section, we analyze landmark precedents of the Supreme Court of Argentina (CSJN) and the National Labor Court of Appeals (CNAT), outlining the practical rules applied to each claim in Buenos Aires.
1. Workplace Accidents & Workers' Compensation (ART)
The Aquino Ruling: Full Tort Reparation for Workplace Injuries
Unconstitutionality of statutory caps under Section 39 of Law 24,557 and access to broad civil damages against negligent employers.
View Aquino ruling →The Torrillo Ruling: Civil Liability of Workers Comp Insurers
Direct civil liability against insurers (ART) for breaching mandatory health and safety workplace inspection duties.
View Torrillo ruling →The Milone Ruling: Unconstitutionality of Periodic Annuities
Abolition of fractional monthly payouts and confirmation of single lump-sum cash compensation for permanent disability.
View Milone ruling →The Castillo Ruling: Ordinary Labor Court Jurisdiction
Invalidation of federal court jurisdiction; confirmation of specialized local labor court authority in Buenos Aires.
View Castillo ruling →The Obregón Ruling: Mandatory Lump-Sum Payouts
Consolidation of the single-installment cash payout rule across all permanent partial workplace disabilities.
View Obregón ruling →The Pogonza Ruling: Prior Administrative Proceedings
Constitutionality of mandatory medical commission review with free compulsory legal representation.
View Pogonza ruling →The Carrizo Ruling: Commuting Accident Coverage
Scope of insurer protection and joint liability in accidents sustained during daily travel to and from work.
View Carrizo ruling →The Lucca de Hoz Ruling: Invalidation of ART Ceilings
Judicial remedies when statutory insurance formulas result in inadequate compensation for severe injuries.
View Lucca de Hoz ruling →The Ascua Ruling: Prohibition of Confiscatory Injury Caps
Unconstitutionality of statutory ceilings that destroy full reparation for bodily and psychological harm.
View Ascua ruling →2. Severance, Wages, Subcontracting & Interest Rates
The Vizzoti Ruling: Constitutional Limits on Severance Caps
The 67% salary floor preventing confiscatory collective-agreement ceilings under Article 245 of the LCT.
View Vizzoti ruling →The Oliva Ruling: Labor Award Interest & CPI Reforms
Invalidation of compounding interest and implementation of official inflation-indexed updates in Buenos Aires.
View Oliva ruling →CNAT Resolutions 2783 & 2784: CPI + 3% Interest
New judicial calculation framework adopted across all National Labor Courts of Buenos Aires.
View Resolution 2783 →The Benítez Ruling: Broad Contractor Joint Liability
Direct joint liability of principal companies for subcontracted services (cleaning, security, catering).
View Benítez ruling →The Tulosai Ruling: Monthly Wage Calculation Multiplier
Legal standards on regular monthly earnings, overtime integration, and exclusion of annual bonuses.
View Tulosai ruling →The Ramos Ruling: Successive Temporary Contract Fraud
Severance rights awarded for cumulative seniority across repeatedly renewed fixed-term contracts.
View Ramos ruling →The De Lorenzo Ruling: Income Tax Severance Exemption
Income tax exemptions for severance indemnities relating to maternity, pregnancy, and executive roles.
View De Lorenzo ruling →CNAT Plenary 302: Work Certificates Deadline
The 30-day notice rule and the 3-month salary penalty under Section 80 of the Labor Contract Act.
View Plenary 302 →CNAT Plenary 306 (Vásquez): 2-Year Wage Limitation
Month-by-month calculation of the 2-year limitation period (Art. 256 LCT) in wage differential claims.
View Plenary Vásquez →3. Discrimination, Union Rights & Modern Work Formats
The Álvarez v. Cencosud Ruling: Reinstatement for Discrimination
Application of Anti-Discrimination Law 23,592 and judicial orders mandating employee job reinstatement.
View Álvarez ruling →The Pellicori Ruling: Dynamic Burden of Proof in Bias Claims
Establishing prima facie bias shifts the burden of proof to the employer to show objective justification.
View Pellicori ruling →The Sisnero Ruling: Gender Discrimination in Hiring
Equal opportunity enforcement and protection against systematic exclusion of women in employment.
View Sisnero ruling →The Rossi Ruling: Protection for Registered Union Delegates
Unconstitutionality of Section 52 Law 23,551; full dismissal immunity for shop-floor union leaders.
View Rossi ruling →The ATE Ruling: Workplace Freedom of Association
The right of any registered union to field shop-floor delegates without majority monopoly restrictions.
View ATE ruling →The Bustos Ruling: Acquired Rights in Telework
Prohibition of abusive return-to-office mandates and statutory expense reimbursement under Law 27,555.
View Bustos ruling →