Bustos CNAT Ruling: Telework Rights, Reversibility & Acquired Benefits (Law 27,555)
The National Labor Court of Appeals ruling in 'Bustos, Roberto v. AGEA S.A.' affirmed the protection of acquired rights under remote work arrangements and the nullity of abusive unilateral return-to-office mandates.
Apply the Fallo Bustos CNAT precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Fallo Bustos CNAT: Mandatory Supreme Court / CNAT case law.
- Zero Court Filing Fees: Full statutory exemption under Article 20 LCT.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Legal Holding on Remote Work Rights & Acquired Protections
The Court held that agreed remote working arrangements establish an essential contractual condition that employers cannot unilaterally modify without proving severe functional necessity and indemnifying employee financial impacts.
2. Expense Reimbursements & Ban on Regressive Contract Alterations
The ruling enforced statutory protections under Law 27,555, including connectivity expense reimbursements, ergonomic equipment provision, and strict digital disconnection compliance.
Frequently Asked Questions on the Ruling
Can an employer compel me back to the office if hired as a remote worker?
No. Unilateral return-to-office orders breach Article 66 LCT and Law 27,555, entitling workers to injunctive relief or severance.
Are employers required to reimburse electricity and internet expenses?
Yes. National Law 27,555 mandates monthly compensation for connectivity and power costs.
What happens if my boss messages me outside working hours?
It violates statutory digital disconnection rights actionable before labor courts.