Discriminatory Dismissal and Legal Protections under Argentine Labor Reform
Discriminatory dismissal based on gender, race, religion, or union activism entitles the employee to a 50% to 100% severance surcharge under Art. 245 plus independent moral damages.
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Protect your rights with Lead Attorney Dr. Guillermo Conti and enforce aggravated statutory damages:
Essential Legal Distinctions
- Aggravated Severance is Mandatory: Judges award an additional 50% to 100% multiplier on top of Art. 245 severance.
- Moral Damages are Separately Recoverable: Emotional distress triggers independent tort recovery beyond the statutory tariff.
- Circumstantial Evidence is Admissible: Labor courts accept prima facie evidence of employer bias.
1. Discriminatory Dismissal under Labor Reform (Law 27,742 & Law 27,802)
Argentine labor reform reformed the framework governing dismissals triggered by discrimination based on race, gender, sexual orientation, religion, ideology, or union activities. The statute provides a special aggravated indemnity ranging from 50% to 100% on top of Article 245 LCT severance.
2. Reinstatement Claims versus Aggravated Compensation
While Supreme Court precedent (e.g. «Álvarez v. Cencosud») historically supported mandatory job reinstatement under Anti-Discrimination Law 23,592, the current regime combines substantial severance multipliers with independent tort damages for moral and psychological harm.
Frequently Asked Questions
How much is the discriminatory severance surcharge?
Labor judges may award an additional 50% to 100% penalty on top of standard seniority severance under Article 245 LCT.
What constitutes unlawful workplace discrimination?
Termination motivated by gender, pregnancy, sexual orientation, faith, race, political opinions, or lawful union activity.
How is discriminatory intent proven in court?
Through circumstantial evidence (emails, WhatsApp records, witness testimony, sudden disciplinary actions following disclosures).
Can moral damages be claimed independently?
Yes. Tort compensation for emotional distress and dignity infringement can be claimed alongside statutory severance.