Unregistered Employment Penalties Repealed: How to Claim Severance Today
Following the repeal of Law 24,013 penalties, unregistered work claims enforce Art. 245 severance on true wages, 2 years of wage backpay, and Art. 80 statutory sanctions.
Employed off the books and wondering what you can recover?
Have your modern severance potential evaluated by Lead Attorney Dr. Guillermo Conti:
Essential Legal Distinctions
- Off-the-Books Work Remains Unlawful: Employers must pay full Article 245 severance computed on actual take-home earnings.
- 2-Year Retroactive Wage Recovery: Recover all unpaid union wage differentials from the past 24 months.
- Article 80 Penalty Remains Active: Enforce 3 months of wages for omitted employment certification.
1. Repeal of Law 24,013 Penalties under Labor Reform
Recent labor statutory reforms repealed statutory penalty surcharges under Articles 8, 9, 10, and 15 of Law 24,013. However, repealing penalty surcharges does NOT legalize off-the-books work nor eliminate worker severance rights.
2. Structuring Unregistered Employment Claims Today
Under the updated framework, claims for unregistered employment in Buenos Aires enforce four concrete economic remedies:
- Article 245 Seniority Severance on Actual Wages: Full severance, notice pay, and month integration computed on 100% of real earnings.
- 2-Year Retroactive Wage Differentials: Full recovery of unpaid collective agreement minimum wages, overtime, and annual bonuses for the preceding 24 months.
- Moral & Pension Damages: Independent tort damages for lack of health coverage and social security evasion.
- Article 80 Certificate Penalties: 3 monthly wages for failure to provide certified records.
Frequently Asked Questions
Is it still worth claiming after the repeal of Law 24,013 fines?
Absolutely. Modern claims focus on Article 245 on real wages, 2 years of backpay differentials, unpaid bonuses, and Article 80 penalties.
Is the employer still liable to tax authorities for unpaid taxes?
Yes. Labor courts notify tax authorities (AFIP) to execute debt collections for unpaid pension contributions.
Can moral damages be claimed for off-the-books employment?
Yes. Case law recognizes tort compensation for emotional distress and social security deprivation.
Does the reform apply retroactively to past dismissals?
No. Terminations finalized before the enactment date remain governed by the prior statutory regime.