How Much Severance is Paid for Unregistered (Off-the-Books) Dismissal
Unregistered dismissal entitles workers to full Art. 245 seniority severance calculated on actual earnings, notice pay, 2-year wage backpay, and Art. 80 statutory penalties.
Dismissed from off-the-books employment?
Have your severance calculated on your true earnings by Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Calculated on Actual Take-Home Pay: Computed using true earnings rather than artificial reported rates.
- 2-Year Retroactive Wage Recovery: Recover all unpaid wage differentials from the past 24 months.
- Fast Recovery at SECLO: Most unregistered claims settle within 30 to 60 days in conciliation.
1. Severance Calculation Based on Actual Wages
Employees dismissed from unregistered (off-the-books) employment are legally entitled to have their severance calculated on 100% of their actual gross take-home pay, including recurring cash bonuses and overtime.
The financial recovery includes:
- Seniority Severance (Article 245 LCT): 1 full month of actual wages per year of service or fraction over 3 months.
- Notice Pay in Lieu & Month Integration: 1 or 2 months of real wages plus statutory bonus.
- 2-Year Retroactive Wage Differentials: Claiming unpaid collective agreement minimum wage differences.
- Article 80 Documentation Penalty: 3 monthly wages for failure to deliver lawful certificates.
2. Statutory Telegram Notice Protocol
Upon dismissal, the employee must dispatch a statutory demand telegram declaring actual hire date, real work schedule, and actual remuneration, requesting formal settlement at SECLO.
Frequently Asked Questions
Do I get severance if I worked off the books?
Yes. Unregistered work does not waive severance rights: you are entitled to full Article 245 compensation computed on actual wages.
Can I claim backpay if I was paid below collective wage scales?
Yes. Retroactive wage differentials can be claimed for the preceding 2-year statutory limitation period.
How long does an unregistered dismissal claim take?
Most unregistered employment disputes in Buenos Aires reach financial settlement at SECLO within 30 to 60 days.
What if the company denies my employment?
Denials are overcome through trial witnesses, WhatsApp records, and bank transfer logs.