Dismissal for Matrimonio in Argentina: Statutory Presumption and 1-Year Severance
Dismissal within 3 months before or 6 months after the marriage date triggers a statutory penalty of 13 extra monthly wages (1 full year) accumulated on top of standard Art. 245 seniority severance.
Were you dismissed in connection with matrimonio?
Enforce your right to a full 1-year aggravated severance penalty with Dr. Guillermo Conti:
Essential Legal Distinctions
- 13-Month Multiplier is Cumulative: Paid in addition to standard Art. 245 seniority severance and notice pay.
- Statutory Presumption Protects Workers: The burden of proof shifts 100% to the employer to justify the dismissal.
- Zero Income Tax Withholding: Aggravated damages are completely tax-exempt under Argentine law.
1. Statutory Presumption of Unlawful Termination (Arts. 180 a 182 LCT)
Under the Employment Contracts Act, formal notice creates a statutory presumption that any dismissal executed within 3 months before or 6 months after the marriage date is directly motivated by discrimination.
2. Aggravated 13-Month Severance Penalty
Violating this protection triggers an aggravated statutory indemnity of one full year of wages (13 monthly salaries including bonus) under Article 182 LCT, accumulated on top of standard Article 245 seniority severance, notice pay, and accrued benefits.
Frequently Asked Questions
How must matrimonio be formally communicated?
Via statutory free labor telegram attaching official medical certificates with anticipated dates.
Is the aggravated 1-year severance taxable?
No. All statutory severance indemnities are fully exempt from income tax withholdings under Supreme Court precedents.
What if dismissal happens during paid statutory leave?
The employer must disburse the balance of leave wages plus the 1-year penalty and full Article 245 severance.
Does marriage protection apply to male and female employees alike?
Yes. Argentine case law recognizes full marriage dismissal protections for all employees without gender distinctions.