Best Employment Rights Lawyers in Córdoba

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Estudio Jurídico MJArgüello & Asociados focuses on insurance law, employment injuries and workplace claims, civil and commercial matters, family law, and succession. The firm advises policyholders and companies on coverage questions and claims, and represents workers in ART proceedings and...
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About Employment Rights Law in Córdoba, Argentina

Employment rights in Córdoba are governed by a mix of national labor law, collective bargaining agreements and provincial procedures. The national Ley de Contrato de Trabajo (LCT) sets the basic rights and duties for most employment relationships across Argentina - including wages, hours, termination rules, severance and leave. In Córdoba, provincial labor authorities, local tribunals and sectoral collective bargaining agreements adapt and implement those rules on the ground. Workers are protected by statutory rights, union representation and administrative mechanisms such as labor inspections and conciliation processes.

Why You May Need a Lawyer

Employment matters often involve technical legal rules, strict timelines and multiple institutions. You may need a lawyer if you face any of the following situations:

- Dismissal or suspension - to verify whether dismissal was lawful, calculate severance and pursue claims for wrongful termination.

- Nonpayment of wages, overtime, bonuses or benefits such as aguinaldo and vacation pay - to quantify unpaid amounts and enforce collection.

- Discrimination, harassment or retaliation at work - to assess protections, preserve evidence and seek remedies.

- Conflicts over contract type - for example, when a fixed-term contract is treated as indefinite or when work is unregistered.

- Collective bargaining disputes, union issues or accusations related to union activity - to protect procedural rights and the so-called fuero sindical.

- Maternity, paternity and other protected leaves - to protect job security and obtain required authorizations.

- Complex calculations - for example, severance, holiday pay and social security contributions often require specialist calculation.

- Administrative procedures and litigation - such as mandatory conciliation, labor inspections and lawsuits before labor courts - where a lawyer navigates procedure and strategy.

Local Laws Overview

Key aspects to understand when dealing with employment rights in Córdoba:

- National framework - The Ley de Contrato de Trabajo (LCT) establishes general protections including minimum conditions, termination rules and basic benefits. Many matters are regulated at national level but applied locally.

- Collective bargaining - Collective agreements - Convenios Colectivos de Trabajo (CCT) - negotiated by unions and employers set wages, allowances and special conditions for each sector. Those rules often override basic company practices when applicable.

- Termination and severance - Dismissal without just cause typically gives rise to severance payments. Severance concepts include indemnización por antigüedad, payment in lieu of preaviso and compensation for unpaid benefits such as proportional aguinaldo and vacations.

- Notice periods and preaviso - Employees are usually entitled to advance notice or payment in lieu. The required length depends on time worked.

- Mandatory conciliation and administrative remedies - Many employment disputes require an attempt at administrative conciliation before going to trial. Provincial labor authorities handle inspections, conciliation and some claims. If conciliation fails, workers can file labor claims in local labor courts.

- Social security and registration - Employers must register employees and make social security and tax contributions through federal agencies. Unregistered employment reduces protections but gives rise to enforcement actions and possible compensation claims.

- Special protections - Pregnant workers, union representatives and workers with certain protected statuses have enhanced protections against dismissal and specific procedural safeguards.

- Remedies and timelines - Remedies can include payment of wages, severance, reinstatement in limited cases, moral and punitive damages and compliance remedies. Statutes of limitation and procedural deadlines apply - acting promptly is important.

Frequently Asked Questions

What should I do first if I was dismissed?

Write down the facts and timeline - date of dismissal, reason given, witnesses and any written communications. Request or obtain a written termination notice or proof of dismissal. Collect pay slips, employment contract, time records, and any communications. If you belong to a union, notify them. Seek legal advice quickly because time limits and conciliation steps may apply.

Am I entitled to severance if I was dismissed without cause?

Yes. Under the LCT and usual practice, dismissal without just cause generates indemnification obligations by the employer. Typical components include indemnización por antigüedad - commonly calculated as one monthly salary per year of service - payment in lieu of preaviso when applicable, and compensation for accrued but unused benefits. The exact amount depends on your salary basis, seniority and applicable collective agreement.

What is preaviso - how much notice must my employer give?

Preaviso is the employer notice prior to termination or payment in lieu of notice. The length depends on tenure - the law sets ranges according to seniority. If notice is not given, employers usually must pay salary in lieu of notice. Exact periods and calculations should be confirmed with a lawyer because collective agreements sometimes modify them.

Can I be reinstated to my job after an unfair dismissal?

Reinstatement is possible in some cases, but it is not always ordered. Courts consider facts, damages and the feasibility of reinstatement. Often the practical remedy sought is monetary compensation. For certain protected categories - for example workers with union fuero or pregnant employees - courts may be more likely to order reinstatement or grant special relief.

What if my employer did not register me or pay social security contributions?

Unregistered work is illegal and gives the worker claims for unpaid social security contributions, unpaid benefits and penalties against the employer. You can file a complaint with labor authorities and seek compensation in court. Registration status can affect evidence and calculations, so document pay records, messages and witnesses.

How are overtime and extra hours paid?

Overtime rates and rules are set by the law and may be adjusted by collective agreements. Typically, overtime is paid at a higher rate than normal hours, and there are limits on daily and weekly hours. If overtime was not paid, you can claim unpaid overtime and associated social security contributions.

What protections do pregnant workers have?

Pregnant workers have special protections against dismissal during pregnancy and for a period after maternity leave. Dismissal of a pregnant worker without judicial authorization can trigger severe remedies. Employers must respect maternity leave periods and may have obligations for prenatal care time and safe working conditions.

How does collective bargaining affect my rights?

Collective bargaining agreements may establish higher wages, special allowances, overtime rules and specific procedures that apply in a sector or workplace. If you are covered by a CCT, its terms are binding and often improve upon statutory minimums. Check whether your employer is bound by a CCT and which one applies to your job.

Can I claim discrimination or harassment at work?

Yes. Argentine law and constitutional principles prohibit discrimination and harassment based on protected characteristics such as sex, race, religion, political opinion, sexual orientation and others. Workplace harassment claims can lead to remedies including compensation and corrective measures. Keep records of incidents, witnesses and communications.

What is the typical process to resolve a labor dispute in Córdoba?

Process steps often include: internal complaint to HR or the employer; notification to your union if applicable; filing a complaint with provincial labor authorities or attempting mandatory conciliation; and, if unresolved, filing a claim in the labor courts. Mediation or settlement is common at various stages. A lawyer can advise on the required steps and deadlines.

Additional Resources

Useful institutions and organizations to contact when you need information or assistance:

- National Ministry of Labor, Employment and Social Security - for information on national labor rules and programs.

- Provincial Ministry or Secretariat of Labor of Córdoba - for local conciliation, inspections and administrative procedures.

- Administración Nacional de la Seguridad Social - ANSES - for social security, family allowances and benefit issues.

- Federal Administration of Public Revenues - AFIP - for employer registration and contribution records.

- Trade unions and workers organizations relevant to your sector - for representation, advice and support.

- Colegio de Abogados de la Provincia de Córdoba - for directory of lawyers and professional guidance.

- Provincial labor courts and conciliatory centers - for procedures and filing information.

- Defensor del Pueblo de la Provincia de Córdoba - for rights guidance and nonjudicial support.

Next Steps

If you need legal assistance, follow these practical steps:

- Gather documentation - employment contract, payslips, time sheets, termination notice, communications, collective agreement if known and any evidence of unpaid amounts or wrongful conduct.

- Write a clear timeline of events - dates, people involved and what was said or done.

- Contact your union if you are a member - unions often provide guidance and can accompany conciliation steps.

- Seek a lawyer who specializes in labor law - ask about experience with local labor courts, fee arrangements and whether they handle cases on contingency.

- Check for mandatory conciliation - your lawyer or the provincial labor office can tell you whether you must attempt administrative conciliation before filing a claim.

- Consider free or low-cost legal aid - some public offices, unions and bar associations offer initial consultations or referral services.

- Act promptly - legal and procedural deadlines can be short. Even if you are unsure how to proceed, taking early steps to preserve evidence and obtain advice preserves your options.

Note - This guide is informational and does not replace legal advice. Employment law is fact-sensitive and procedures vary. Consult a qualified labor lawyer in Córdoba to evaluate your specific situation and advise on strategy and timelines.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.