What should I do in case of an accident or suffer an occupational disease?
You must report the incident to your employer, who in turn has to report the accident or illness to the ART hired. If the employer does not report the accident or disease, you can make the same complaint of your accident or illness to the ART, or the authorized medical providers contracted by the insurer shown in the credential of your ART, which your employer is required to give you – it is mandatory to contain a free telephone number where you can call and report. The ART must give you a claim number, if it does not, you can file a complaint against the ART, reporting to the Superintendence of Occupational Risks, in order to keep a formal notice (Telegram free of charge).
My employment is not registered, which are my rights? What should I do in this situation?
The employment contract exists, but is not registered. Once clarified this, it may be noted which ways should be taken to be registered. Law 24,013 grants workers the right to request the employer to be properly registered, and to pay wages, bonuses, holidays, and so on, by sending a free of charge telegram to his employer. For all said before, it is recommended to contact a lawyer in order to properly draft the relevant summons. If the employer regulates the employment contract with the actual data related to their employment relationship and pays the due items, the worker will have achieved its goal. On the other hand, if the employer denies the existence of an employment contract, the worker has the right to be considered dismissed, and claim compensation for the emerging arbitrary dismissal of “Labor Contract Law” plus compensation from Law 24,013, which involves the payment of a fine equivalent to 25% of wages paid during the period non- registered, plus duplication of severance pay. The worker – because of necessity that has to get and keep its job- It is subjected to a fraudulent hiring, and does not question it during the term of the bond. However, this behavior does not determine the loss of the legal and contractual rights. In the midst of this irregular situation, suddenly, the employer tells the employee, that his tasks are no longer needed. This communication is usually done verbally, because the employer will not acknowledge in writing irregular recruitment. At this time, it is recommended the worker to notify the employer by telegraph, to be registered properly, ruling thereafter the scenario discussed in the preceding paragraphs.
Working as an employee, but I am forced to bill like a “monotributista”, or forced to sign non-labor contracts.
In many such cases, employer intends to hide the employment contract, with another type of contract appearing as a civil professional service, provision of services billed, or an alleged commercial contract. It means simulated acts concealing an act with the appearance of another. They are unscrupulous maneuvers in order to avoid compliance with labor law. The labor legislature, with practical criterion, established the invalidity of simulated or fraudulent acts whichever aside all artifice and reality have revealed the existence of an employment relationship. This situation is understandable because the labor law governing the principle of primacy of reality that establishes the primacy of truth or reality occurred in the labor activity, regardless of the form or denomination that would have given the employer, even, even if they acted with fraud to the labor law, as in the cases we are discussing. At that time, the worker must intimate the employer to properly register the employment relationship under the provisions of Article 7, 8, 11 and 15 of Law 24,013, also requiring the payment of other legal rights omitted, for example, payment of bonuses omitted or the joys and unpaid vacation.
What if I have an accident at work, and my working relationship is not legally registered?
In this case, not only I have to enforce the registration of my working relationship in terms that are indicated in the previous question, but I have to sue my employer the occurrence of misfortune to be made responsible. Our study should figure out the ART corresponding.