False Independent Contractor Invoicing a Single Client: Legal Rights
Invoicing a single client under contractor status with fixed hours constitutes disguised employment; workers are entitled to Art. 245 severance, bonuses, and tax refunds.
Were you forced to issue invoices as an independent contractor?
Claim your full employee severance and tax reimbursements with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Reality Prevails Over Invoices: Issuing contractor invoices does not waive statutory employee protections.
- Full Tax Contribution Reimbursement: Recover all monthly tax payments forced upon you by the employer.
- 2 Years of Retroactive Bonus & Vacation: Collect all unpaid statutory fringe benefits accrued during your tenure.
1. Misclassification Fraud and False Contractor Status (Arts. 14 & 23 LCT)
Issuing monthly invoices as an independent contractor (Monotributista) to a single client while adhering to fixed schedules, working under direct supervision, and utilizing company equipment constitutes unlawful employee misclassification fraud (Article 14 LCT).
Argentine labor courts consistently hold that sequential invoices issued exclusively to a single corporate entity establish conclusive proof of economic, technical, and legal subordination.
2. Statutory Rights and Recoverable Compensation
Upon contract termination, misclassified contractors are entitled to recover at SECLO: Article 245 seniority severance computed on invoiced earnings, notice pay, 2 years of retroactive statutory bonuses (SAC) and vacation pay, reimbursement of all tax payments, and pension regularizations.
Frequently Asked Questions
Can I sue for severance if I issued invoices myself?
Yes. The primacy of reality doctrine (Article 14 LCT) voids contractor disguises and enforces full employee status.
Is sequential invoice numbering strong evidence?
Yes. Invoicing exclusively a single client sequentially is one of the strongest proofs of disguised employment.
Can I recover the tax payments I made as a contractor?
Yes. Lawsuits routinely demand full reimbursement of all contractor tax contributions paid on behalf of the company.
How long does a misclassification claim take?
Most contractor misclassification claims settle during SECLO conciliation within 30 to 60 business days.