Vásquez CNAT Plenary: 2-Year Limitation on Wage Differentials (Art. 256 LCT)
CNAT Full Bench Ruling No. 306 'Vásquez, Jorge v. Telefónica de Argentina S.A.' unified case law regarding the 2-year statute of limitations (Art. 256 LCT) in wage and job classification disputes.
Apply the Plenario Vásquez CNAT precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Plenario Vásquez 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. Full Bench Ruling & 2-Year Retroactive Wage Recovery
The National Labor Court of Appeals held that the 2-year limitation period under Article 256 LCT runs month-by-month for periodic wage differentials, authorizing recovery of all unpaid amounts accrued during the 2 years preceding formal notice.
2. Limitation Tolling via Demand Telegrams & SECLO
Issuing a formal demand telegram suspends the statute of limitations for 6 months (Article 257 LCT), while filing before SECLO freezes limitations throughout administrative conciliation.
Frequently Asked Questions on the Ruling
How many years of backpay can be claimed for wage differentials?
Up to two (2) years of retroactive earnings counted back from the formal demand telegram or SECLO filing.
Does initiating SECLO conciliation toll limitations?
Yes. It suspends the statute of limitations for up to 6 months or until administrative closure.
Does this apply to unpaid overtime?
Yes. Overtime claims are subject to the same 2-year limitation period from their accrual dates.