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> GOVERNANCE - home > Employment protection legislation database - EPLex > Argentina

Argentina - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 235 LCL.

Notice period:
Remarks:
  • Art. 231 (b) LCL: establishes various statutory notice periods

    According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.

    Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

    Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
    In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
    • tenure ≥ 6 months
      • 1 month(s).
    • tenure ≥ 9 months
      • 1 month(s).
    • tenure ≥ 2 years
      • 1 month(s).
    • tenure ≥ 4 years
      • 1 month(s).
    • tenure ≥ 5 years
      • 2 month(s).
    • tenure ≥ 10 years
      • 2 month(s).
    • tenure ≥ 20 years
      • 2 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 232 LCL.

    Notification to the public administration: No

    Remarks:
    • Decree 1043/2018 ( 12/11/2018) establishes the following temporary provisions:
      ARTÍCULO 6°.- Establécese, hasta el 31 de marzo de 2019, un procedimiento por el cual los empleadores, antes de disponer despidos sin justa causa de trabajadores con contratos de trabajo por tiempo indeterminado, deberán comunicar la decisión al MINISTERIO DE PRODUCCIÓN Y TRABAJO con una anticipación no menor a DIEZ (10) días hábiles previo a hacerla efectiva.
      ARTÍCULO 7°.- El MINISTERIO DE PRODUCCIÓN Y TRABAJO, de oficio o a petición de parte, podrá convocar al empleador y al trabajador junto con la asistencia gremial pertinente, a fin de celebrar durante el plazo fijado en el artículo 6° del presente, las audiencias que estime necesarias para considerar las condiciones en que se llevará a cabo la futura extinción laboral.
      ARTÍCULO 8°.- El incumplimiento de lo establecido en el presente capítulo dará lugar a la aplicación de las sanciones previstas en el Anexo II de la Ley N° 25.212 y sus modificatorias.
      ARTÍCULO 9°.- Exceptúase del procedimiento establecido en el presente capítulo, al personal de la Industria de la Construcción, contratado en los términos de la Ley N° 22.250.
      Source: http://servicios.infoleg.gob.ar/infolegInternet/anexos/315000-319999/316286/norma.htm

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    Notes / Remarks
    The notice period requirements do not apply to dismissals for "just cause".
    The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 235 LCL.

    Notice period:
    Remarks:
    • Art. 231 (b) LCL: establishes various statutory notice periods

      According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.

      Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

      Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
      In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
      • tenure ≥ 6 months
        • 1 month(s).
      • tenure ≥ 9 months
        • 1 month(s).
      • tenure ≥ 2 years
        • 1 month(s).
      • tenure ≥ 4 years
        • 1 month(s).
      • tenure ≥ 5 years
        • 2 month(s).
      • tenure ≥ 10 years
        • 2 month(s).
      • tenure ≥ 20 years
        • 2 month(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 232 LCL.

      Notification to the public administration: No

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      Notes / Remarks
      The notice period requirements do not apply to dismissals for "just cause".
      The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 235 LCL.

      Notice period:
      Remarks:
      • Art. 231 (b) LCL: establishes various statutory notice periods.

        According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
        Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

        Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
        In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
        • tenure ≥ 6 months
          • 1 month(s).
        • tenure ≥ 9 months
          • 1 month(s).
        • tenure ≥ 2 years
          • 1 month(s).
        • tenure ≥ 4 years
          • 1 month(s).
        • tenure ≥ 5 years
          • 2 month(s).
        • tenure ≥ 10 years
          • 2 month(s).
        • tenure ≥ 20 years
          • 2 month(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 232 LCL.

        Notification to the public administration: No

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        Notes / Remarks
        The notice period requirements do not apply to dismissals for "just cause".
        The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 235 LCL.

        Notice period:
        Remarks:
        • Art. 231 (b) LCL: establishes various statutory notice periods

          According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
          Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

          Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
          In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
          • tenure ≥ 6 months
            • 1 month(s).
          • tenure ≥ 9 months
            • 1 month(s).
          • tenure ≥ 2 years
            • 1 month(s).
          • tenure ≥ 4 years
            • 1 month(s).
          • tenure ≥ 5 years
            • 2 month(s).
          • tenure ≥ 10 years
            • 2 month(s).
          • tenure ≥ 20 years
            • 2 month(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 232 LCL.

          Notification to the public administration: No

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          Notes / Remarks
          The notice period requirements do not apply to dismissals for "just cause".
          The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 235 LCL.

          Notice period:
          Remarks:
          • Art. 231 (b) LCL: establishes various statutory notice periods

            According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
            Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

            Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
            In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
            • tenure ≥ 6 months
              • 1 month(s).
            • tenure ≥ 9 months
              • 1 month(s).
            • tenure ≥ 2 years
              • 1 month(s).
            • tenure ≥ 4 years
              • 1 month(s).
            • tenure ≥ 5 years
              • 2 month(s).
            • tenure ≥ 10 years
              • 2 month(s).
            • tenure ≥ 20 years
              • 2 month(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 232 LCL.

            Notification to the public administration: No

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            Notes / Remarks
            The notice period requirements do not apply to dismissals for "just cause".
            The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

            + show references

            Notification to the worker to be dismissed: written

            Remarks:
            • Art. 235 LCL.

            Notice period:
            Remarks:
            • Art. 231 (b) LCL: Statutory notice period:
              - 15 days notice to employees on probation period (up to three months of service)
              - 1 months for those employees with more than three months and less than five years of service
              - 2 months for those employees with over five years of service.

              According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
              Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

              Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
              In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
              • tenure ≥ 6 months
                • 1 month(s).
              • tenure ≥ 9 months
                • 1 month(s).
              • tenure ≥ 2 years
                • 1 month(s).
              • tenure ≥ 4 years
                • 1 month(s).
              • tenure ≥ 5 years
                • 2 month(s).
              • tenure ≥ 10 years
                • 2 month(s).
              • tenure ≥ 20 years
                • 2 month(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 232 LCL.

              Notification to the public administration: No

              Notification to workers' representatives: No

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              Notes / Remarks
              The notice period requirements do not apply to dismissals for "just cause".
              The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

              + show references

              Notification to the worker to be dismissed: written

              Remarks:
              • Art. 235 LCL.

              Notice period:
              Remarks:
              • Art. 231 (b) LCL: Statutory notice period:
                - 15 days notice to employees on probation period (up to three months of service)
                - 1 months for those employees with more than three months and less than five years of service
                - 2 months for those employees with over five years of service.

                According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
                Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

                Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
                In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
                • tenure ≥ 6 months
                  • 1 month(s).
                • tenure ≥ 9 months
                  • 1 month(s).
                • tenure ≥ 2 years
                  • 1 month(s).
                • tenure ≥ 4 years
                  • 1 month(s).
                • tenure ≥ 5 years
                  • 2 month(s).
                • tenure ≥ 10 years
                  • 2 month(s).
                • tenure ≥ 20 years
                  • 2 month(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 232 LCL.

                Notification to the public administration: No

                Notification to workers' representatives: No

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No

                Notes / Remarks
                The notice period requirements do not apply to dismissals for "just cause".
                The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

                + show references

                Notification to the worker to be dismissed: written

                Remarks:
                • Art. 235 LCL.

                Notice period:
                Remarks:
                • Art. 231 (b) LCL: Statutory notice period:
                  - 15 days notice to employees on probation period (up to three months of service)
                  - 1 months for those employees with more than three months and less than five years of service
                  - 2 months for those employees with over five years of service.

                  According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
                  Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

                  Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
                  In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
                  • tenure ≥ 6 months
                    • 1 month(s).
                  • tenure ≥ 9 months
                    • 1 month(s).
                  • tenure ≥ 2 years
                    • 1 month(s).
                  • tenure ≥ 4 years
                    • 1 month(s).
                  • tenure ≥ 5 years
                    • 2 month(s).
                  • tenure ≥ 10 years
                    • 2 month(s).
                  • tenure ≥ 20 years
                    • 2 month(s).

                  Pay in lieu of notice: Yes

                  Remarks:
                  • Art. 232 LCL.

                  Notification to the public administration: No

                  Notification to workers' representatives: No

                  Approval by public administration or judicial bodies: No

                  Approval by workers' representatives: No

                  Notes / Remarks
                  The notice period requirements do not apply to dismissals for "just cause".
                  The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

                  + show references

                  Notification to the worker to be dismissed: written

                  Remarks:
                  • Art. 235 LCL.

                  Notice period:
                  Remarks:
                  • Art. 231 (b) LCL: Statutory notice period:
                    - 15 days notice to employees on probation period (up to three months of service)
                    - 1 months for those employees with more than three months and less than five years of service
                    - 2 months for those employees with over five years of service.

                    According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
                    Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

                    Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
                    In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
                    • tenure ≥ 6 months
                      • 1 month(s).
                    • tenure ≥ 9 months
                      • 1 month(s).
                    • tenure ≥ 2 years
                      • 1 month(s).
                    • tenure ≥ 4 years
                      • 1 month(s).
                    • tenure ≥ 5 years
                      • 2 month(s).
                    • tenure ≥ 10 years
                      • 2 month(s).
                    • tenure ≥ 20 years
                      • 2 month(s).

                    Pay in lieu of notice: Yes

                    Remarks:
                    • Art. 232 LCL.

                    Notification to the public administration: No

                    Notification to workers' representatives: No

                    Approval by public administration or judicial bodies: No

                    Approval by workers' representatives: No

                    Notes / Remarks
                    The notice period requirements do not apply to dismissals for "just cause".
                    The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.

                    + show references

                    Notification to the worker to be dismissed: written

                    Remarks:
                    • Art. 235 LCL.

                    Notice period:
                    Remarks:
                    • Art. 231 (b) LCL: Statutory notice period:
                      - 15 days notice to employees on probation period (up to three months of service)
                      - 1 months for those employees with more than three months and less than five years of service
                      - 2 months for those employees with over five years of service.

                      According to article 231 LCL this is the compulsory minimum notification period, but the parties can agree on a longer one.
                      Fixed term contracts must follow article 94 LCT, according to which parties need to inform the other party of the end of the contract between 1 and 2 months before the agreed deadline, except if the contract is for the duration of less than one 1 month. If the advance notice is not observed, it will be presumed the conversion of the contract to an indeterminate one, except if an explicit renovation of the contract has been agreed.

                      Please note, however, that these rules do not apply to small and medium sized companies which are defined as those companies which up to 40 employees and a maximum annual turnover of such an amount set out by a special monitory commission (Comisión Especial de Seguimiento) for each activity or sector (art. 83 SMEL).
                      In those companies, the employer is only required to give an advance notice of one month to the employee, regardless of the length of service (art. 95 SMEL).
                      • tenure ≥ 6 months
                        • 1 month(s).
                      • tenure ≥ 9 months
                        • 1 month(s).
                      • tenure ≥ 2 years
                        • 1 month(s).
                      • tenure ≥ 4 years
                        • 1 month(s).
                      • tenure ≥ 5 years
                        • 2 month(s).
                      • tenure ≥ 10 years
                        • 2 month(s).
                      • tenure ≥ 20 years
                        • 2 month(s).

                      Pay in lieu of notice: Yes

                      Remarks:
                      • Art. 232 LCL.

                      Notification to the public administration: No

                      Notification to workers' representatives: No

                      Approval by public administration or judicial bodies: No

                      Approval by workers' representatives: No

                      Notes / Remarks
                      The notice period requirements do not apply to dismissals for "just cause".
                      The only procedural requirement for dismissal for "just cause" is the submission of written notice of the fact of dismissal with a clear indication of the grounds invoked for the termination of the contract. There is no legally prescribed time limit for the submission of this notice.