How Long Do I Have to Claim Unregistered Employment in Argentina?
Employees have a strict 2-year statutory limitation period (Art. 256 LCT) from dismissal to claim unregistered employment, suspendible by telegram and tolled at SECLO.
Concerned about expiring statutory deadlines?
Have your limitation period preserved immediately by Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Strict 2-Year Statutory Deadline: Claims must be initiated within 24 months of contractual termination.
- Telegrams Suspend for 6 Months: Statutory notice grants an extra window to prepare the lawsuit.
- SECLO Tolling Protects Rights: Administrative conciliation freezes the limitation clock.
1. Two-Year Statutory Limitation Period (Article 256 LCT)
Article 256 of the Argentine Employment Contracts Act provides that all labor claims and actions prescribe within two (2) years from the date the cause of action accrued or from termination of employment.
2. Suspending and Tolling the Statutory Clock
The 2-year limitation period can be legally suspended and tolled through two standard procedural acts:
- SECLO Filing: Filing for administrative conciliation under Law 24,635 tolls the statute of limitations throughout the proceeding plus 20 business days post-closure.
- Formal Demand Telegram (Art. 257 LCT): Dispatching a statutory demand telegram suspends the statute of limitations for a single six-month window.
Frequently Asked Questions
Can I sue for unregistered work that ended 3 years ago?
If more than 2 years elapsed since employment ended without formal notice, the claim is time-barred by statute.
How is the 2-year statute of limitations extended?
Sending a statutory telegram suspends the clock for 6 months, and initiating SECLO conciliation tolls the period entirely.
Can I claim unpaid wage differences for my entire 10-year tenure?
No. Retroactive wage differentials are strictly limited to the preceding 24 months from the claim date.
Does the same 2-year deadline apply to ART workers comp?
Yes. Injury claims prescribe 2 years after medical discharge or formal disability determination.