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Florida, Argentina Attorneys in related practice areas.
Employment and labor law in Florida, Argentina is primarily governed by national legislation, collective bargaining agreements and administrative regulations, with local authorities and municipalities playing a supporting role for workplace inspections and access to services. The core federal framework is the Ley de Contrato de Trabajo (LCT) and related statutes and regulations administered by the Ministerio de Trabajo, Empleo y Seguridad Social (MTEySS). Collective bargaining by unions and employer associations is central to setting pay scales, working conditions and industry-specific rules. In practice, employees in Florida - a neighborhood of Vicente López in Buenos Aires Province - rely on a mix of national rules, provincial procedures and municipal resources when seeking information or resolving disputes.
Employment disputes often involve technical rules, strict deadlines and significant financial or career consequences. You may need a labor lawyer if you face any of the following situations:
- Unlawful dismissal or disputes over severance pay and notice.
- Nonpayment or underpayment of wages, overtime, commissions, bonuses or vacation pay.
- Workplace discrimination, sexual harassment or other forms of harassment or mobbing.
- Workplace accidents, occupational disease claims or disputes with the Superintendencia de Riesgos del Trabajo (SRT) regarding compensation or rehabilitation.
- Disputes over employment classification - for example being treated as an independent contractor when you should be an employee.
- Problems arising from collective bargaining, union representation or strikes.
- Need to negotiate a termination agreement, settlement or confidentiality clause.
- Employer attempts to change fundamental terms of your contract - salary, duties or hours - without consent.
- Administrative inspections, fines or compliance issues raised by labor authorities.
In these situations, a specialized lawyer helps you understand your rights, calculate proper compensation, represent you in conciliation hearings and, if needed, present claims before labor courts.
This overview highlights the most relevant legal features for workers and employers in Florida, Argentina. It focuses on general rules - sector agreements and individual cases may modify these principles.
- Employment contracts and types - Contracts can be written or verbal, but written contracts are recommended to avoid disputes. Common forms include indefinite-term contracts, fixed-term contracts, part-time contracts and temporary or seasonal agreements. Special regimes exist for domestic workers and agricultural workers.
- Probation and trial periods - Employers often establish a probationary period during which termination is easier, but this must comply with LCT limits and any applicable collective bargaining agreement.
- Working hours and overtime - The LCT and sector agreements set ordinary working hours and rest periods. Work beyond ordinary hours generally entitles the employee to overtime compensation according to statutory or collective rates.
- Minimum wage and salary composition - A national minimum wage is set periodically by tripartite bodies. Wages may include base salary, seniority bonuses, attendance or performance bonuses and legally required components such as contributions to social security and benefits established by collective agreements.
- Vacations and paid leave - Annual paid vacation entitlement increases with years of service, with longer periods granted to more senior workers. Additional leaves - such as maternity leave, paternity leave, sick leave and special leave for family emergencies - are protected by law or collective agreements.
- Termination, notice and severance - Termination procedures and the calculation of severance depend on cause and contract type. Unjustified dismissals usually trigger severance payments calculated according to the LCT and relevant case law. Employers often must respect notice periods or pay in lieu of notice.
- Social security and contributions - Employers and employees must make mandatory contributions for social security, pensions, health insurance and workplace risk coverage. The Administración Federal de Ingresos Públicos (AFIP) administers many of these obligations.
- Collective bargaining and unions - Collective agreements negotiated by trade unions and employer associations frequently set terms superior to the minimum legal floor. Union representation is important for many disputes and for enforcing sectoral standards.
- Occupational health and safety - The Superintendencia de Riesgos del Trabajo (SRT) regulates prevention, compensation and rehabilitation for workplace accidents and occupational diseases. Employers have obligations to maintain safe workplaces and to report incidents.
- Dispute resolution - Before going to court, most labor disputes go through mandatory conciliation processes in the Ministerio de Trabajo or through sectoral conciliation offices. Labor courts have specialized procedures and usually favor speedy resolution.
You have rights to be paid for work performed, to receive mandatory social security and tax withholdings, to paid vacation and protected leave, to a safe workplace and to non-discriminatory treatment. Specific entitlements may depend on your contract type and any applicable collective bargaining agreement. Keep copies of your contract, pay slips and communications.
Employers can dismiss employees, but dismissals without cause usually require notice or payment in lieu and payment of severance indemnity where applicable. There are protected categories and situations - such as pregnancy, union activity or certain leaves - where dismissal is more strictly controlled. Because the rules and formulas are technical, consult a lawyer or union representative before accepting any settlement.
Severance calculation depends on your salary, length of service and the reason for termination, and is affected by collective agreements. Typical elements include payment for accrued salary, unused vacation, proportional bonuses and a severance indemnity for unjustified dismissal. A lawyer can produce a detailed calculation based on your documentation.
Document every unpaid period with payslips, bank records and communications. Request payment in writing and keep a copy. If the employer does not comply, you can seek conciliation at the Ministerio de Trabajo or file a labor claim. Do this promptly to preserve rights and deadlines.
Report the accident immediately to your employer and request medical attention. Incidents must be notified to the SRT and the insurer that covers workplace risks. You may be entitled to medical care, temporary disability payments, rehabilitation and, in severe cases, permanent disability compensation. Consult a lawyer experienced in occupational risk claims to coordinate with the insurer and the SRT.
Employers can make reasonable organizational changes, but fundamental changes to a contract - such as a significant salary reduction or a change in position that affects status and responsibilities - generally require the employee's consent or a new agreement. If changes are imposed unilaterally, you may have grounds to claim constructive dismissal or breach of contract.
Maternity leave, breastfeeding breaks and protections against dismissal during pregnancy and certain postpartum periods are protected by law. Fathers are entitled to paternity leave under statutory provisions and some collective agreements provide additional benefits. Confirm the exact length of leave and protection with a lawyer or HR department, as benefits can differ by sector.
Yes. Collective agreements often set minimum pay, bonuses, working hours, overtime rates and other benefits for entire sectors. If you work in a sector covered by an agreement, its terms typically apply and can improve on statutory minima. If you are a union member, the union can assist with enforcement and calculations.
Bring your employment contract, payslips, bank deposit records, any termination or disciplinary letters, time records, medical reports if relevant, communications with the employer, and contact details for coworkers or witnesses. Clear documentation strengthens your position and speeds up evaluation by a lawyer.
Labor claims are subject to time limits and procedural rules. Deadlines vary depending on the type of claim, the governing law and whether conciliation is required. Because of strict prescriptive periods, start the process as soon as possible and consult a lawyer to determine the specific time limits that apply to your situation.
Here are key bodies and organizations that can help you get information or start a claim:
- Ministerio de Trabajo, Empleo y Seguridad Social (MTEySS) - national labor authority for conciliation and guidance.
- Superintendencia de Riesgos del Trabajo (SRT) - regulator for workplace risks, accidents and occupational disease.
- Administración Federal de Ingresos Públicos (AFIP) - for social security and tax questions related to employment.
- Secretaría de Trabajo de la Provincia de Buenos Aires - provincial labor office with local services and inspections.
- Municipalidad de Vicente López - local municipal office and public services relevant to residents of Florida, Vicente López.
- Trade unions and employer associations - check the applicable union for your sector. Unions often provide advice and representation.
- Colegio de Abogados de la Provincia de Buenos Aires - for referrals to certified labor lawyers and free legal aid programs.
- Legal aid clinics and nonprofit organizations - some organizations offer free or low-cost legal guidance to workers. Check local municipal or provincial resources for availability.
If you need legal assistance in Employment & Labor matters in Florida, Argentina, follow these practical steps:
- Gather your documents - contract, payslips, bank records, communications, medical reports and any other evidence.
- Note dates and a clear timeline of events - hires, promotions, disciplinary actions, missed payments and termination or incidents.
- Contact your union if you are a member - unions can provide immediate advice and may represent you in conciliation.
- Request conciliation at the Ministerio de Trabajo or the provincial labor office if required - many disputes must go through conciliation before court.
- Consult an experienced labor lawyer - ask for an initial assessment, case strategy and a fee estimate. Look for lawyers who specialize in employment law and who are familiar with the Buenos Aires Province practice and local courts.
- Avoid signing termination agreements or waivers without legal review - settlements can resolve disputes fairly, but you should understand the consequences first.
- Be mindful of deadlines - statutory and procedural time limits apply, so act promptly to preserve your rights.
Employment law can be complex, and outcomes depend on detailed facts, written records and applicable collective agreements. A local labor lawyer can assess your case, explain your options and guide you through conciliation, settlement negotiations or court proceedings.
