UOCRA Labor Lawyer: Claims, Site Accidents and the Legal Regime

Work in the construction industry is governed by a special statute — Law 22,250 — that differs from the general Employment Contracts Act (LCT). If you are a construction worker under the UOCRA agreement and you are facing a dismissal, non-payment of the Fondo de Cese Laboral (FCL, the industry's severance fund), the withholding of your contributions record book, an accident on site, or unregistered work, at Estudio Conti we are labor lawyers who specialize in enforcing your rights and claiming against everyone jointly liable — contractors and site owners alike.

Immediate Checklist (First 48 Hours)

Faced with a labor conflict on a building site, act quickly and precisely:

• 1. Do not sign receipts for money you did not collect: it is common for companies to have workers sign for receipt of the Fondo de Cese Laboral without handing over the actual money. Sign only if you effectively receive the full payment.
• 2. Preserve evidence of the employment relationship: especially if you are off the books, keep photos on site, WhatsApp messages, entry passes, work clothing, or the contact details of witnesses (co-workers).
• 3. Formally demand the record book by telegram: within 48 hours of the dismissal or resignation, send a telegram demanding the record book and payment of the fund. Consult us before drafting it.
• 4. After an accident, get urgent medical attention: if the employer does not file the report with the ART, you must file it yourself. Do not agree to be treated privately "through your health plan" if it was a workplace accident.

1. The Special Construction Regime (Law 22,250)

Construction workers are governed by Law 22,250 and by UOCRA's Collective Bargaining Agreement 76/22. This regime displaces many rules of the Employment Contracts Act (LCT), such as notice of termination and traditional seniority severance. The core difference lies in the record book and severance fund system, designed around the high turnover and temporary nature of building work.

2. The Severance Fund (FCL) and the Contributions Record Book

Unlike retail employees or workers in other sectors, a construction worker does not collect the severance of Section 245 of the LCT. In its place there is the Fondo de Cese Laboral.

During the first year of service the employer must deposit 12% of the worker's monthly pay every month; from one year of service onward, the rate drops to 8%. Those contributions go into a bank account in the worker's own name.

When the relationship ends — by resignation, completion of the job, or dismissal — the employer has a strict 48-hour deadline to hand the worker the contributions record book (or the IERIC certificate) and pay out the deposited funds.

3. Accidents on Site (ART and Full Compensation)

Construction is one of the activities with the highest accident rates. Falls from scaffolding, crushing injuries, electrocutions, and injuries caused by missing personal protective equipment are routine.

After an accident, the ART system (Aseguradoras de Riesgos del Trabajo, Argentina's workers' compensation insurers) steps in and must provide medical coverage and pay disability compensation. In construction, however, there are usually additional liabilities:

• Full compensation: if the accident happened because of missing safety measures, nets, harnesses, or guardrails, the worker can sue the construction company and those responsible for health and safety in civil court for full compensation of the harm — amounts that are usually higher than the ART's scheduled award.
• Joint liability: a construction worker can claim not only against the direct employer (sometimes an insolvent subcontractor), but also against the site owner, the main construction company, and the site manager, since all of them guarantee the labor and safety obligations jointly (Section 30 LCT and the civil-law rules).

4. Off-the-Books Work in Construction and Wage Differences

Informality is a common scourge in the construction industry. Many workers are employed in complete clandestinity, or registered for fewer hours than they actually work (for example, registered as part-time while working 9 hours a day).

Faced with unregistered employment, the worker is entitled to demand correct registration and payment of contributions by telegram. If the employer refuses or dismisses the worker in retaliation, the worker can claim the heavy penalties provided by National Employment Law 24,013 and by Law 25,323.

It is also essential to check that the CCT 76/22 categories (Oficial, Medio Oficial, Ayudante) are correctly paid, along with overtime — very common on site — and the corresponding allowances. Wage differences that have not lapsed can be claimed with their respective interest.