Can You Sue the Principal Employer? Article 30 LCT Joint Liability
Analysis of joint employer liability under Article 30 LCT and Law 27,802; principal companies remain jointly liable for unpaid subcontractor wages.
Working for a subcontractor facing wage defaults?
Sue the principal corporation jointly with Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- 100% Joint and Several Liability: Both contractor and principal firm answer for all debts.
- Subcontractor Payroll Audit Duties: Failure to audit monthly deposits triggers strict liability.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Corporate Joint Liability Framework Under Article 30 LCT
Article 30 of the Employment Contracts Act governs the outsourcing of core business activities, requiring principal companies to verify social security and wage compliance.
Failure by the principal enterprise to audit contractor tax and payroll records results in direct, joint, and several liability for all severance and salary debts.
Frequently Asked Questions
Can I sue the main company directly?
Yes. Lawsuits name both the immediate subcontractor and the principal beneficiary company.
What obligations are covered?
Severance indemnities, unpaid salaries, vacation pay, and social security deposits.
How long does litigation take?
Joint claims against solvent principal firms often settle rapidly at SECLO conciliation.