Rights, Duties of Conduct and Non-Compete Covenants (Law 27.802)
Conti Labor Lawyers provides a comprehensive legal analysis of Rights, Duties of Conduct and Non-Compete Covenants (Law 27.802), incorporating leading Argentine judicial doctrine and procedural guidance following the enactment of Labor Modernization Law 27.802.
1. Statutory Framework and Legal Scope
Estudia el deber de buena fe, diligencia, secreto profesional, cláusulas de no competencia post-contractual y límites a las sanciones disciplinarias.
The implementation of Law 27.802 in conjunction with the Employment Contract Act (LCT) reshapes employment relations, proof burdens, and litigation strategies before Buenos Aires labor courts (CNAT).
2. Key Principles and Practical Application
- Statutory Compliance: Clear guidelines govern formal requirements, evidentiary thresholds, and limitations on employer powers.
- Protection of Employee Claims: Constitutional guarantees under Article 14 bis ensure that mandatory minimum rights remain safeguarded against confiscatory practices.
- Pre-trial Notification: Formal telegram notices via Telegrama Laboral Gratuito must be served promptly to preserve all statutory remedies.
3. Statutory Comparison Table
| Legal Concept | Previous Framework | Current Regime (Law 27.802) |
|---|---|---|
| Statutory Standard | Strict statutory presumptions. | Modernized contractual standards with centralized digital reporting. |
| Burden of Proof | Traditional employer evidentiary burden. | Dynamic burden of proof aligned with certified tax and digital records. |
| Pre-trial Mediation | Mandatory administrative stage before Conciliacion Seclo. | Binding administrative settlement with res judicata effect. |
4. Case Law and Judicial Doctrine
Federal labor courts consistently uphold constitutional labor protections, referencing milestone precedents like Fallo Vizzoti Tope Indemnizatorio to prevent unfair reductions in statutory compensation.
5. Frequently Asked Questions
Does this regulation apply to pre-existing employment contracts?
Existing contracts retain vested statutory rights, while new procedural and termination rules apply to events occurring after the statute came into effect.
What is the statute of limitations for labor claims in Argentina?
The general statute of limitations for employment claims is two (2) years from the termination date under Section 256 LCT.