Hazardous Duties Without Safety Gear: Legal Rights
Statutory breakdown of seguridad e higiene in Argentina; LCT provisions, SECLO conciliation, and National Labor Court litigation.
Need legal counsel regarding seguridad e higiene?
Consult Lead Attorney Dr. Guillermo Conti on a pure contingency fee basis:
Essential Legal Distinctions
- Specialized in Seguridad e Higiene: Strict enforcement of labor statutes.
- 100% Statutory Court Gratuity: Zero upfront retainer or court filing fee expenses.
- Pure Contingency Fees: We get paid only upon successful financial recovery.
1. Statutory Framework and Binding Case Law
Workers hold the statutory right to withhold labor (Art. 75 LCT & Civil Code 1031) when employers fail to provide certified personal protective equipment for imminent hazards.
2. Administrative Conciliation & Labor Court Proceedings
To preserve employment claims and prevent statutory forfeiture, workers must dispatch a statutory demand telegram and initiate administrative SECLO conciliation or court litigation in Buenos Aires.
Frequently Asked Questions
What is the legal procedure for seguridad e higiene?
Dispatching a statutory free labor telegram (Law 23,789) followed by SECLO conciliation or labor court litigation.
What are the upfront costs for employees?
Zero cost. Full statutory gratuity under Article 20 LCT shields workers from court filing fees.
What is the statute of limitations?
Two (2) years under Article 256 of the Argentine Employment Contracts Act.
How are attorney fees paid?
On a pure contingency fee basis: fees are paid strictly upon successful collection of your award.