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In Mendoza, as in the rest of Argentina, hiring and firing are primarily governed by the national Ley de Contrato de Trabajo (LCT) 20.744. This framework covers employment contracts, probation, wages, benefits, notice periods, and termination rules. Local authorities in Mendoza enforce compliance and provide guidance on provincial procedures through the Dirección de Trabajo and other provincial agencies.
The rise of telework has shaped new obligations for employers in Mendoza, including how to document agreements, payment, and supervision of remote workers. National regulations on teleworking apply across the province and may require updates to contracts and payroll practices. For workers, this means clear written terms and adherence to applicable labor standards remains essential.
Many Mendoza-specific scenarios involve sectoral rules contained in collective agreements (convenios colectivos) that complement the LCT. These agreements can modify job classifications, disciplinary procedures, and severance expectations for particular industries. Employers and employees should verify which conventions cover their workplace to avoid disputes.
La Ley de Contrato de Trabajo regula las relaciones laborales en Argentina, incluida Mendoza, con reglas sobre terminación y indemnización. Fuente
Hire a lawyer when your case involves complex termination procedures, potential disputes, or specialized documentation. An attorney can interpret the LCT and relevant conventions to protect your rights and minimize risk.
A worker with five years of service claims the dismissal was without just cause. An attorney helps document the factual basis, review evidence, and determine if due process was followed to avoid an unjust dismissal finding.
The employer must compute indemnities, unused vacation pay, and any proportional bonuses. A lawyer ensures accurate calculations and negotiates a fair settlement with the employee.
Telework adds documentation requirements and wage implications. A lawyer helps draft updated telework agreements and ensures compliance with recent regulatory changes.
Terminating during probation requires precise notice and justification. An attorney reviews contract terms to prevent later claims of improper dismissal.
Despesas por causas económicas requieren careful planning to satisfy legal standards and avoid invalid dismissals. Legal counsel guides the process and severance offers.
If the workplace is covered by a convenio colectivo, firing and disciplinary steps must align with the agreed rules. A lawyer interprets these provisions to prevent violations.
Legal advice is especially valuable when disputes move toward negotiation, mediation, or litigation. A Mendoza-based attorney familiar with local practice can tailor strategy to provincial enforcement patterns and sector norms.
The Mendoza region follows national labor law while applying provincial supervision and enforcement through its own bodies. The following laws and regulations shape hiring and firing practices in Mendoza:
In Mendoza, provincial enforcement is carried out by the local Dirección de Trabajo within the provincial government, which collaborates with national agencies to ensure compliance with labor standards. Employers should verify applicable conventions colectivas de trabajo for their sector, as these can modify procedures, disciplinary steps, and severance expectations beyond the LCT baseline.
El marco de trabajo en Mendoza combina la Ley de Contrato de Trabajo con normas de seguridad laboral y acuerdos colectivos; los empleadores deben revisar el convenio aplicable para evitar incumplimientos. Fuente
The LCT is Argentina's primary law governing individual employment contracts. It outlines probation, termination rights, and indemnities, including procedures for dismissal with or without cause. For Mendoza, the LCT is supplemented by provincial enforcement and sector agreements.
Termination for cause requires evidence of conduct or performance faults that justify dismissal. Employers should document incidents, provide warnings where required, and follow due process to avoid claims of unjust dismissal.
Severance depends on the type of dismissal and tenure. In general, a dismissal without cause triggers indemnities and final payments, while a capped structure may apply depending on the sector and convenio. Consult a lawyer to calculate accurately.
Notice periods vary by contract and length of service under the LCT. The employee may be entitled to a notice pay or the employer may provide equivalent days off in lieu. Exact terms depend on the contract and local practices.
Yes, unless the dismissal is justified by specific causes. Indemnification usually reflects tenure and salary, and may be influenced by collective agreements. A lawyer can confirm the exact amount in your case.
Procedures vary, but typical claims can take several months in court or through mediation. An attorney helps manage timelines, gather evidence, and pursue timely resolution.
If the workplace is covered by a convenio colectivo, its terms apply in addition to the LCT. The agreement may modify severance, disciplinary steps, or notice requirements. Verify applicability with counsel.
Telework introduces specific documentation and compensation considerations. Terminations must reflect the telework arrangement and applicable regulations, including any sector-specific rules.
Final wages typically include salary, proportional benefits, and accrued vacation. Timelines vary by contract and local practice; employers should pay promptly to avoid disputes.
While not mandatory, a lawyer helps ensure compliance with LCT, conventions, and provincial rules. An attorney reduces litigation risk and improves negotiation outcomes.
Use Mendoza bar association directories and referrals to locate specialists in employment law. Ensure the attorney has experience with local enforcement and sector conventions.
Justa causa means the employee's conduct justifies dismissal. Despido sin causa is a dismissal without fault by the employee, typically triggering indemnities and payment duties for the employer. Seek legal guidance to determine the proper basis in your case.
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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.
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