Are You an Employee Even if You Invoice? Art. 23 LCT
Analysis of Article 23 LCT evidentiary rules under Law 27,802; proving actual subordination overrides commercial invoicing before Argentine labor courts.
Required to issue commercial invoices while working as an employee?
Establish your true employee status with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Primacy of Reality Prevails: Factual schedule and supervisory control confirm employment.
- Full Article 245 Severance: Recover seniority severance upon total compensation.
- Buenos Aires Labor Court Counsel: Offices at Maipú 42, 9th Floor, CABA.
1. Evidentiary Standards for Article 23 LCT Under Law 27,802
The reform to Article 23 of the Employment Contracts Act reframes the statutory presumption when commercial invoices are issued.
However, National Labor Courts in Buenos Aires maintain that the primacy of reality principle overrides formal contracts: demonstrating technical subordination, fixed working hours, and direct supervisory control establishes an authentic employment relationship.
Frequently Asked Questions
Does invoicing as a freelancer prevent claiming severance?
No. Demonstrating economic and organizational dependency secures 100% full statutory severance.
What evidence proves subordination?
Internal company emails, attendance records, supervisor chat messages, and coworker witness testimony.
What is the deadline to file a claim?
Two (2) years from the termination of the working relationship under Article 256 LCT.