Signing Severance Under Protest in Argentina: Rights and Claim Procedures
Accepting a severance check or signing under protest operates as a payment on account under Art. 260 LCT, preserving full rights to claim unpaid balances in SECLO.
Did you receive an incomplete severance payout?
Have your settlement audited by Dr. Guillermo Conti to claim unpaid severance balances at SECLO:
Essential Legal Distinctions
- Partial Payment is Payment on Account: Article 260 LCT voids employer clauses asserting full release of claims.
- 2-Year Statutory Window to Claim: Employees retain full rights to file SECLO claims within the 2-year limitation period.
- Non-Waiver Protection (Article 12 LCT): No signature on a receipt can forfeit statutory labor rights.
1. Payment on Account Rule (Article 260 LCT)
Article 260 of the Employment Contracts Act provides that any partial or insufficient settlement payment by an employer operates solely as a 'payment on account of the total debt', even if the employee accepts the funds without express written protest.
Clauses asserting 'full and final release' or waiving future claims are strictly null and void under the non-waiver principle of Argentine labor law (Article 12 LCT).
2. Strategic Value of Signing 'Under Protest'
Writing 'Received under protest, reserving rights to claim unpaid severance and wage balances' eliminates any evidentiary ambiguity before labor courts, confirming the employee's ongoing claim.
Frequently Asked Questions
Do I lose the right to sue if I cash the severance check?
No. Accepting payment operates merely as a partial payment on account (Article 260 LCT), preserving a 2-year statutory window to claim balances.
What should I write on the settlement receipt?
Handwrite: 'Received under protest, reserving all rights to claim unpaid wage and severance differences' next to your signature.
Can an employer withhold funds if I sign under protest?
No. Conditioning severance disbursement on rights waivers is unlawful under Argentine law.
What differences can be claimed after partial payment?
Seniority severance miscalculations, unlawful CBA caps (Vizzoti), unpaid overtime, commission underreporting, and statutory penalties.