Three-Month Fraction Seniority Rule (Art. 245 LCT)
Statutory breakdown of antigüedad in Argentina; LCT regulations, limitation periods, and SECLO conciliation in Buenos Aires.
Questions regarding antigüedad?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Legal Distinctions
- Compliance with Antigüedad: Strict enforcement of LCT protections.
- Zero Upfront Litigation Costs: Total statutory exemption from filing fees.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Statutory Framework and Legal Precedents
Article 245 LCT mandates that any service fraction exceeding three (3) months must be counted as one (1) full year when calculating statutory severance.
2. Statutory Demand and Legal Recovery Proceedings
When these rights are breached, workers should issue a statutory demand telegram (Law 23,789) under penalty of constructive dismissal and initiate proceedings with CNAT court interest rates.
Frequently Asked Questions
How do I file a legal claim for antigüedad?
By dispatching a formal labor telegram and submitting the claim to SECLO administrative conciliation or court litigation.
What is the applicable statute of limitations?
Two (2) years under Article 256 of the Argentine Employment Contracts Act.
Do employees pay upfront court fees?
No. Employees benefit from total statutory gratuity under Article 20 LCT.
How are court interest rates calculated?
Updated in accordance with official binding rates established by the National Labor Court of Appeals (CNAT).