Food Industry Labor Attorney (STIA)
If you work on a production line, in a warehouse, or in an administrative role at a food-industry plant in Buenos Aires, your baseline agreement is CBA 244/94, but your real category and pay scale depend on the specific agreement STIA Filial Buenos Aires has homologated with your employer. That's the key to almost every claim in this industry.
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1. CBA 244/94, and why your company has its own agreement
The Collective Bargaining Agreement N° 244/94, signed between the Federation of Food Industry Workers and the Federation of the Food Products Industry, is the general framework for the activity. In the City of Buenos Aires and Greater Buenos Aires, the entity representing workers within that framework is the Union of Food Industry Workers – Buenos Aires Branch (STIA), a distinct union from the provincial branches or unions of the same industry (for example, the Chubut branch or the General Roca branch, which negotiate their own agreements).
What almost no worker knows is that CBA 244/94 is rarely applied "as is": the actual terms of your job — categories, pay scales, sometimes even the working hours for a specific area of the plant — usually come from a specific agreement homologated between STIA and your employer "under the framework of CBA 244/94." It's the mechanism used by companies like Nestlé, Unilever, PepsiCo, Cadbury Stani Adams, Fargo, Bonafide, Chocolates Bariloche or Gate Gourmet, among many others: each has its own homologated text, with its own categories and its own pay scale. That's why auditing your pay in this industry isn't just a matter of reading the generic 244/94 text — you need to request and review your specific employer's agreement.
2. The premiums that actually determine your paycheck
In the food industry, beyond the base wage for your category, employers typically pay seniority pay, attendance bonuses, and shift premiums when the production line runs 24 hours in rotating shifts, including the night shift. These items matter especially after the Article 245 LCT reform (Law 27,802): severance is calculated on the best monthly, normal and habitual compensation, which excludes the annual bonus (SAC), vacation pay and non-monthly bonuses, but includes — averaged over the last 6 months or the last year if more favorable — variable items paid habitually, such as production bonuses, overtime or shift premiums.
A point specific to this industry is unhealthy-work status (insalubridad). Prolonged work in cold-storage rooms or exposure to extreme temperatures may entitle a worker to a reduced workday of 6 hours a day or 36 hours a week, without a pay cut, and with overtime prohibited (Article 200 LCT). But that status isn't automatic: it requires a medical finding from the labor authority, not just the worker's or the employer's say-so. If your job involves that kind of exposure and the company never applied for the unhealthy-work declaration, that's a concrete issue to evaluate in an audit.
Distinctions that don't apply to just any union
- STIA Buenos Aires Branch ≠ other branches of the same union: the union representing you in Buenos Aires is separate from the Chubut or General Roca branches, each with its own agreements.
- CBA 244/94 (framework) ≠ your company's own homologated agreement: your real category and pay scale are almost always in the latter, not in the generic agreement text.
- Working in cold storage ≠ a declared unhealthy-work status: exposure to cold doesn't automatically grant you the premium; it requires a formal declaration from the labor authority.
3. The most common claims in the food industry
Category differences. Production staff registered under a category lower than their actual duties, or without the correct application of their employer's homologated agreement. We claim the wage differences for the last two years (Article 256 LCT), including their effect on the annual bonus and vacation pay. See the logic behind this type of claim, shared with commercial employees and applicable by analogy to these company-level agreements, in our guide to category differences.
Overtime on rotating shifts. Production lines that run 24 hours generate frequent overtime, especially on night shifts and weekends. It's paid with a 50% surcharge on business days and 100% on Saturdays after 1 p.m., Sundays and holidays (Article 201 LCT); without time records, the burden of proof shifts in the worker's favor (Articles 52 and 57 LCT). More detail in our overtime pay guide.
Workplace accidents and occupational illnesses. Cuts, blows, entanglement injuries and musculoskeletal disorders from repetitive motion are common on production lines and in warehouses. These are handled through the workers' compensation insurer (ART) and, depending on the case, before the SRT medical commissions; see our work accidents and ART service.
Failure to recognize unhealthy-work status. Staff exposed to intense cold or other aggravated conditions where the company never applied for the unhealthy-work declaration before the labor authority, losing out on reduced hours and any related pay premium.
Partial off-the-books pay. Production bonuses or shift premiums paid under the table. The fines under Articles 8 to 17 of Law 24,013 and all of Law 25,323 were repealed as of July 2024, but the claim still stands under Article 245 LCT calculated on real pay, plus two years of wage differences and the Article 80 LCT work certificates (see our updated guide on partial off-the-books pay).
Severance calculated incorrectly. It's common for employers to exclude habitual production bonuses or shift premiums from the Article 245 LCT base, artificially shrinking it.
4. What to do, step by step, if you're owed differences or were dismissed
1. Gather your last 12 pay stubs and, if you can get it, a copy of your company's homologated categorization or pay-scale agreement.
2. Check which category appears on your pay stub and compare it with the work you actually do on the line or in the warehouse.
3. If you suffered an accident or were exposed to cold or unhealthy conditions, also gather your medical records and any existing ART claim filing.
4. Request the firm's free audit: we cross-check your pay stub against your company's homologated agreement and CBA 244/94.
5. We send a free labor telegram when warranted, and file for mandatory conciliation with SECLO or a direct lawsuit depending on the case.
6. We work on a pure contingency fee basis: you pay nothing unless you collect.
5. Common mistakes that cost food-industry workers money
Never requesting a copy of your own company's categorization or pay-scale agreement, and settling for the generic CBA 244/94 text alone. Accepting cold-storage work "because it's always been that way" without checking whether unhealthy-work status applies. Not reporting a workplace accident to the ART within the required deadlines. Signing off on a medical clearance without seeking a second opinion when symptoms persist. Accepting a final settlement that excludes habitual production bonuses from the severance calculation. Letting the two-year statute of limitations under Article 256 LCT lapse.
Frequently Asked Questions About the Food Industry (STIA)
Which collective bargaining agreement covers me if I work in the food industry in Buenos Aires?
The general framework is CBA 244/94, but your real category and pay scale usually come from the specific agreement STIA Buenos Aires Branch homologated with your employer.
Do all food companies apply the same text of CBA 244/94?
No. Each company typically has its own agreement homologated "under the framework" of CBA 244/94, with its own categories and pay scales. That's why you need to review your specific employer's agreement.
Is STIA Buenos Aires Branch the same union nationwide?
No. There are separate provincial branches and unions for the same industry, such as those in Chubut or General Roca, each with its own representation and agreements.
Am I entitled to a premium for working in cold-storage rooms?
An unhealthy-work declaration (Article 200 LCT) may apply, reducing the workday to 6 hours a day without a pay cut and prohibiting overtime, but it requires a medical finding from the labor authority — it isn't automatic.
Do production bonuses count toward severance?
Yes, if paid habitually (at least 6 months in the last calendar year), averaged over the last 6 months or the last year if more favorable, under Article 245 LCT as reformed by Law 27,802.
What should I do if I was injured on the production line?
Report it to the company's ART; if there's a dispute over your medical clearance or disability rating, it's handled before the SRT medical commissions and, eventually, in court.
Can I claim if I was registered under a lower category than my actual duties?
Yes, we claim the retroactive wage differences for the last two years, including their effect on the annual bonus and vacation pay.
What if part of my pay is off the books?
The fines under Law 24,013 and Law 25,323 were repealed as of July 2024, but you can still claim severance under Article 245 LCT on your real pay, two years of wage differences, and the Article 80 LCT work certificates.
What are the legal fees for food-industry claims?
We operate on a pure contingency fee basis: consultations are 100% free, and fees are paid strictly upon successful recovery.
Which courts handle these lawsuits?
National Labor Courts in the City of Buenos Aires.
How long does recovery take?
SECLO settlements resolve in 15 to 30 days; court proceedings accrue statutory updated interest.