The dismissal number, section by section

The dismissal calculation (new s. 245 of the Ley de Contrato de Trabajo). It is still one month's salary per year of service or fraction over three months, on the best monthly, normal and habitual pay of the last year. What changes is what goes into that base and how far it reaches: it takes pay "accrued and paid in each calendar month, so that non-monthly items such as the Annual Complementary Salary, holiday pay and bonuses that are not paid monthly shall have no bearing"; "habitual" is now defined as what accrued "for at least six (6) months in the last calendar year"; and "normal", for variable items such as monthly bonuses, overtime and commissions, is "the average of the last six (6) months, or of the last year if more favourable to the worker". The base may not exceed three times the average monthly salary of the applicable collective agreement (seniority excluded), and the caps are calculated by the agreement's own signatory parties, with its approval or registration counting as "sufficient intervention" by the authority. But the cap has a floor: "in no case may the application of the cap provided for in this section be lower than sixty-seven per cent (67%) of the monthly, normal and habitual pay". And the payment can never be less than one month's salary. ⭐ The sentence that closes the claim: "The compensation provided for in this section constitutes the only remedy available for termination without cause. Receiving it definitively extinguishes any judicial or extrajudicial claim connected to the dismissal, including those of a civil, contractual or non-contractual nature", the sole exception being actions based on criminal offences. The section also allows the compensation regime to be replaced by a severance fund or scheme through collective bargaining, and lets the employer set one up unilaterally, whether or not integrated with the Fondo de Asistencia Laboral. How what is owed is updated (new s. 276): labour claims are adjusted "by the variation in the Consumer Price Index (CPI) - General Level, produced by INDEC, plus interest of three per cent (3%) per year", from when each sum falls due until actual payment. For cases already under way (s. 55, of public order and applied ex officio, including in insolvency and bankruptcy): interest at the BCRA passive rate, with a cap at historical principal plus CPI plus 3% per year, and a floor at 67% of that calculation. How it is paid (new s. 277): deposit into the worker's salary account; a contingency fee agreement requires personal ratification and court approval and may not exceed 20% of the amount at stake; and judgments may be paid in up to 6 monthly instalments by large companies and up to 12 by micro, small and medium-sized ones, adjusted by the s. 276 rule. verif · Mar 6, 2026 ↗

In force with the law, from 6 March 2026. ⭐ Section 55, which reorders the updating of cases already under way, is declared of public order and applied "ex officio or at a party's request", so it reaches lawsuits begun long before the law as long as they have no final judgment, including pending appeals against refusal of leave. verif · Mar 6, 2026 ↗

To anyone who employs people, and very particularly to anyone weighing building a headcount in Argentina who needs to know what unwinding it costs. On the company side there are three new, countable things: the base no longer includes the annual bonus or non-monthly premiums, there is a cap of three average collective-agreement salaries, and paying the compensation closes the claim instead of being the starting point of a damages suit. For anyone with a case open — company or worker — section 55 changes what is owed today: claims are updated by CPI plus 3% per year as a cap and may not fall below 67% of that calculation. And for the worker, the counterpart is written in the same place: the 67% floor exists so the agreement cap cannot hollow out the payment, and the lawyer may not take more than 20% of the case. verif · Mar 6, 2026 ↗