Work Certificate (Article 80 LCT): How to Claim and Collect the Three-Salary Fine
Under Article 80 of Argentina's Employment Contract Law (LCT), every employer has an inexcusable duty to deliver a work certificate and proof of the social security contributions withheld during the employment relationship once it ends. Without this document, a former employee may struggle to prove length of service and job category to a new employer or to state agencies such as ANSES (Argentina's Social Security Administration). If the employer fails to deliver the certificates within 30 days of termination — and after a formal notice giving 2 further business days — it owes the employee a penalty equal to three months' gross salary.
Work Certificate vs. ANSES Service Record: Not the Same Document
- Service and Earnings Record (ANSES Form PS.6.2): Lists the employee's wage and contribution history and is used to apply for retirement benefits.
- Work Certificate (Art. 80 LCT): The document in which the employer certifies length of service, job classification, duties performed, and proof that pension and union contributions were actually paid in.
How to Trigger the Three-Salary Penalty
For the penalty set out in the last paragraph of Article 80 LCT (added by Law 25.345 and regulated by Decree 146/01) to apply validly, two formal steps must be completed in order:
- 30-Day Waiting Period: From the date the employment relationship ends, the employer has 30 calendar days to prepare the work certificate, the service certificate, and the proof of contributions, and to make them available for collection.
- Formal Notice Giving 2 Business Days: Once that period lapses without delivery, the employee must send a free labor telegram demanding delivery within 2 business days, under formal warning that the employee will claim the Article 80 penalty if the employer still fails to comply.
Beyond the Certificate: How It Fits Into a Full Severance Claim
The Article 80 fine is independent of, and stacks on top of, the severance package owed for an unlawful dismissal without cause, including the seniority indemnity calculated under Article 245 LCT. In practice, most employees raise the Article 80 claim together with their main severance claim rather than as a separate case, since both arise from the same termination and often from the same chain of formal notices. A labor attorney can confirm whether the 30-day period has already run and draft the telegram needed to preserve the claim.