Dismissal for Lack of Work or Force Majeure (Art. 247 LCT): Recovering 100%
Article 247 LCT provides for 50% severance only in rare force majeure cases; absent verified proof and a Crisis Prevention Procedure, employees are entitled to full 100% severance.
Did your employer pay only 50% severance citing crisis?
Have your dismissal audited by Lead Attorney Dr. Guillermo Conti to claim full 100% severance at SECLO:
Essential Legal Distinctions
- Commercial Risk is NOT Force Majeure: Market downturns do not legally authorize halving statutory employee severance.
- Crisis Prevention Procedure is Mandatory: Failure to complete Ministry PPC proceedings voids Article 247 reductions.
- Notice Pay is Paid at 100%: Notice pay in lieu is not subject to any reduction under Article 247.
1. Statutory Requirements for Force Majeure Severance (Article 247 LCT)
Article 247 of the Argentine Employment Contracts Act allows employers to pay half (50%) of standard seniority severance only when termination is caused by substantiated force majeure or unavoidable lack of work not attributable to the employer.
Argentine labor courts enforce an extremely rigorous standard: business risks cannot be transferred to employees. For Article 247 to stand, the company must prove non-imputability, unforeseeability, seniority-based dismissal order, and prior completion of the statutory Crisis Prevention Procedure (PPC) under Law 24,013.
2. Challenging 50% Settlements and Claiming Full 100% Severance
Over 90% of Article 247 dismissal notices fail judicial scrutiny. Rejecting the notice by formal telegram within 48 hours allows employees to recover the remaining 50% under Article 245 LCT plus full notice pay.
Frequently Asked Questions
Does a sales drop justify 50% severance payout?
No. Market downturns represent normal commercial risks and do not constitute legal force majeure under Article 247 LCT.
What if the employer failed to file a Crisis Procedure (PPC)?
Omitting the statutory PPC before the Ministry of Labor invalidates Article 247, making full 100% severance mandatory.
Is notice pay reduced to 50% as well?
No. Notice pay and month integration are always payable at 100% even if Art. 247 applies.
Can I collect the 50% check and claim the rest later?
Yes, by signing the receipt under formal protest (Article 260 LCT) and filing a SECLO conciliation claim for the balance.