Tulosai CSJN Ruling: Severance Salary Base Calculation (Art. 245 LCT)
In 'Tulosai, Alberto v. Central Bank of Argentina' (Nov 25, 2008), the Supreme Court clarified the standard for 'highest normal monthly earnings' under Article 245 severance rules.
Apply the Fallo Tulosai CSJN precedent to your claim?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Conceptual Distinctions
- Binding Doctrine of Fallo Tulosai CSJN: 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. Case Holding on Monthly vs. Non-Recurring Compensation
The Supreme Court ruled that to be included in the Article 245 severance base, compensation must accrue monthly and habitually. Extraordinary non-monthly annual bonuses are excluded from the baseline multiplier.
2. Mandatory Inclusion of Recurring Overtime & Commissions
Conversely, all earnings received on a recurring monthly basis (frequent overtime, sales commissions, shift premiums, and monthly performance bonuses) fully integrate the severance base.
Frequently Asked Questions on the Ruling
Does habitual overtime integrate Article 245 severance calculations?
Yes. If performed regularly during the preceding 12 months, it integrates the best monthly wage base.
Do annual productivity bonuses integrate the base?
No. Under the Tulosai ruling, non-monthly bonuses are excluded from the Article 245 multiplier.
Which month serves as the baseline?
The calendar month with the highest gross earned compensation within the preceding 12 months.