How Long Does a Labor Lawsuit Take for Dismissal in Argentina?
A dismissal claim in Buenos Aires takes 30 to 60 days if settled at SECLO, or 2 to 4 years if litigated in National Labor Courts with mandatory CNAT interest rates.
Need a strategic assessment of your severance claim?
Consult with Lead Attorney Dr. Guillermo Conti to evaluate fast-track conciliation versus court litigation:
Essential Legal Distinctions
- SECLO is NOT a long trial: SECLO is a swift 1-2 month administrative stage focused on rapid cash recovery.
- Full Statutory Gratuity (Art. 20 LCT): Employees never pay court filing fees or upfront legal retainers.
- Court Interest protects against inflation: CNAT interest rates preserve the economic value of your severance award.
1. Claim Stages and Realistic Timelines in Buenos Aires
Resolving an employment termination claim in the City of Buenos Aires follows two main paths:
- SECLO Mandatory Conciliation (30 to 60 days): Over 65% of claims are settled during this administrative conciliation stage, with settlement payments disbursed within 10 to 15 business days.
- Labor Court Litigation (2 to 4 years): If conciliation fails, formal proceedings before National Labor Courts take 2 to 4 years through evidentiary hearings and appellate court review.
2. Judicial Interest Rates and Capital Preservation
To safeguard employees against inflation, the National Labor Court of Appeals (CNAT) applies standardized interest rates (CNAT Minutes 2764, 2783, and 2784) updating the severance award through the date of actual payment.
Frequently Asked Questions
How long does it take to get paid after a SECLO agreement?
Settlement funds are disbursed via direct bank transfer within 10 to 15 business days following formal homologation.
Do employees have to pay court fees or expert witness costs?
No. Employees benefit from the statutory gratuity principle (Article 20 LCT), waiving all court filing fees and costs.
Can cases be settled while trial is ongoing?
Yes. A judicial settlement can be agreed upon at any point before final judgment is rendered.
What happens if the employer tries to hide assets?
Corporate veil piercing under Articles 54, 59, and 274 of Corporate Law 19,550 allows enforcing claims against company directors.