A Job certificate contains information related to position held at a certain time during a employment relationshipis requested in various personal procedures, such as opting for a new job or applying for bank loans, hence the Importance and aspects to consider of the work certificate in Argentina.
What are the data that must be included in the certificate?
A labor certification must contain the full name and identity document of the worker, the time spent working in said company; indicating the start date and the end date of your contract, if it is the case that you are no longer working.
In the same way, the document must include the position heldthe salary remunerationinclude fixed and variable as the case may be, the date and place of issue of certification, and manager’s signature of human resources or head with authority, placing your name, the position you hold and the company’s seal.
It must be done in official company stationery or at least have the name of the company that issues it with the tax identification numberas well as data from address and phone numbersto be contacted for confirmation of the information.
What is the difference between this certificate and the service certificate?
Both are documents issued by the employer to the worker, however there is a small characteristic of each that makes them different.
- He Job certificate describe the service time and activities carried out by the worker during working time, it does not contain details of the worker’s conduct, unless the worker so requests.
- Meanwhile, the service certificate details the employment relationship, the remunerations receivedthe contributions withheld and any other necessary documentation for services to be recognized of the worker or also for the granting of any benefit.
What is the deadline for your delivery?
The certificates must be delivered within 48 hours after the end of the employment relationship.
Even so, the law gives whoever must issue it a maximum period of thirty (30) days, counted from the end of the employment relationship, to be delivered to the worker. If they are not delivered to the worker within this time, the company may be penalized or fined.
sanctions and fines
The fines could range from three minimum wages, in those cases that the employer will refuse to deliver the work certificate and the proofs of the respective contributions of their employees.
By mandate of the law, the company is obliged to issue and deliver to the employees who stop forming the payroll of its personnel, whether it is a matter of dismissal or resignation, the work certificate and the proof of payment of the respective contributions.
Documented proof of contribution
The art. 80 LCT, imposes on the employer the delivery to the worker of a Documented proof of income from social security and union funds for which you are responsibleand a work certificate that contains information about the time and nature of the services provided and proof of the salaries received and the contributions and contributions made to social security agencies.
What happens in case of relationships in the dark or poorly registered?
Let’s understand that one employment relationship in black, is when the employer keeps the worker in an illegal situationthat is to say, Lacks Social Security protectionadditional to that does not have Social Worknor does he have risk insurance at work.
On the other hand, a misregistered employment relationship is one that is registered in the AFIP or ANSES but with less than real salary or the start or end dates of the employment relationship is another.
Cases are known where the Contractors of some companies allege that they are forced to have workers in the black or poorly registered, due to the high costs of social security. However, this could hide the purpose of exploiting workers to increase the employer’s benefits.
Given that If your worker suffers an accident at workeither during the time that he carries out his work activities, or when addressing him, the company must be responsible for the payment of compensation that can be quite a lot of money.
Apparently, whoever acts out of greed to keep a little more money leads him to risk the future of his company. There are multiple alternatives when these cases of black jobs occur, some of them are:
a) The exchange of telegrams or letters documents: when the conversation does not work, an exchange of telegrams or letters document begins, known as telegraphic exchange:
direct dismissal: The worker is made aware of his dismissal by means of a document letter, a telegram or a notarial deedhe. The worker will also have the right to receive and pay compensation.
If the dismissal is not evidenced by the aforementioned means, the dismissal will not be valid, and the employment situation must be clarified by mutual agreement between the parties. In other words, the phrase «don’t come over» has no value for the purposes of dismissal, until it is expressed in writing.
If in view of this fact, the worker is denied entry to the plant or workplace, The services of a lawyer specializing in labor law should be urgently contacted.
Since the employer could claim abandonment of his job and place the worker in a situation of disability by being at risk of losing his rights, the achievement of his rights is subject to negotiation with the employer, but it could take a long time.
It’s a tactic sometimes used by employers and is technically known as “homework refusal“.
They are the initials of Mandatory Labor Conciliation Service.
With the intention of reducing litigation and not collapsing the courts, a different method is practiced, prior to any legal dispute, so that workers and employers can meet with their respective lawyers, in addition to a conciliatory intermediary assigned by the Ministry of Labor, where:
- In the event that both parties reach an agreement: an agreement is drawn up and a date for payment of the indemnity is set
- Assuming the case of not reaching an agreement, the path is enabled to carry out the labor trial.
c) Labor Trial
At this level, the activities are carried out by the lawyers representing the parties, who must inform them of the situation in each of the instances, on the fluidity or progress of the trial in question.
Both the employee and the employer have the right to be informed, including meeting with attorneys in person.
The known stages of a labor trial are:
- In the first instance
The trial begins with the filing a lawsuit where the facts, law and the evidence with which it is tried to assert the claim are described. part
This can take a while, because sometimes there are companies that say they don’t live there or devise tricks not to be notified.
- In second instance judgment
A trial can take approximately two (2) and a half yearsalthough it depends a lot on the evidence, the notifications and acts that, initially, the court promotes.
- Settlement stage
After the judgment comes the liquidation stage; where the amounts to be paid are calculated As decided in the sentence, an expert may intervene at this stage, and finally
- Payment Stage
The payment stage is where the check is issuedas evidence of the act.
How to obtain the work certificate?
There are two ways to obtain the work certificate, requesting it from the employer or via onlineandthrough the website of the Federal Administration of Public Revenues, AFIP.
To get the certificate you must:
- Enter the website afip.gob.ar
- place your CUIL
- select option “BLANK WORK SERVICE”
- Choose from the various options that are displayed, «CHECK YOUR REGISTRY SITUATION»
- The record will be displayed
- Download and print it
The only requirement to obtain the work certificate is to be or have been a worker in a company or to be registered in the database of the Federal Administration of Public Revenues, AFIP.
Steps to follow
- Enter the website afip.gob.ar
- place your CUIL
- Select the option “BLANK WORK SERVICE”
- Select «CHECK YOUR REGISTRY SITUATION»
- Print the certificate
With this article we try to broaden the knowledge about the Importance and aspects to consider of the work certificate in Argentina, how does it influence AFIP to obtain it and the service facilities provided to the community for such purposes.
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