Unregistered Domestic Workers in Argentina: Double Severance Claims
Unregistered domestic workers in Argentina are protected under Law 26,844, securing automatic double seniority severance (Art. 48), notice pay, and prorated benefits.
Dismissed from domestic work without registration?
Calculate your double severance payout with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Active Double Severance (Art. 48): Statutory law doubles seniority severance for unregistered domestic work.
- Applies to Part-Time Staff: Covers employees working full-time or only a few hours per week.
- Dedicated Tribunal in Buenos Aires: Claims proceed before the Specialized Domestic Workers Labor Tribunal.
1. Domestic Workers Special Statute (Law 26,844)
Domestic personnel (housekeepers, caregivers, and domestic staff) are protected under National Law No. 26,844. This statute covers household cleaning, cooking, and non-medical caregiving regardless of weekly hours worked.
2. Double Severance Penalty for Unregistered Work (Article 48)
Under Article 48 of Law 26,844, seniority severance pay (Article 46: 1 month wage per year of service) DOUBLES AUTOMATICALLY (100% statutory penalty) if the domestic employee was not registered with tax authorities upon termination.
Frequently Asked Questions
Do I qualify for severance working only a few hours weekly?
Yes. Law 26,844 requires no minimum weekly hours: all domestic workers are protected and entitled to statutory severance.
How does double severance operate for domestic workers?
Article 48 doubles the standard Article 46 seniority indemnity if employment was off the books.
What should I do upon verbal dismissal in a private home?
Dispatch a free statutory labor telegram demanding status clarification and double severance under Law 26,844.
Where are domestic claims handled in Buenos Aires?
Before the Specialized Domestic Workers Tribunal at the Ministry of Labor in CABA.