Is working under the table legal?

Causes of undeclared work

An employer who has an employee working under the table unconsciously puts his assets at risk, since if his employee has an accident, either on the job or on the way to work, he will have to pay a compensation that can amount to several hundred thousand pesos. Apparently, the desire to keep a few ill-gotten pesos leads him to risk his future. Late come the regrets.

ARTICLE 1° The indemnifications foreseen by the Laws 20.744 (ordered text in 1976), article 245 and 25.013, article 7°, or those that in the future replace them, will be increased to the double when it is a question of a labor relation that at the moment of the dismissal is not registered or it is it in a deficient way.

Undeclared work means

On the one hand, the indemnity payable in the event of dismissal of a worker working in the black is, according to the law, double the indemnity payable to a registered worker; on the other hand, if the worker were to have an accident at work, the company would be liable for such accident, facing an indemnity that would put the company’s assets at risk.

Law 24013 states that the employer must be notified, communicating in such notice the date of entry and the agreed salary. If the employer does not regularize the situation within 30 days, the employee may be considered as dismissed, thus doubling his severance payment.

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Examples of undeclared work

What is moonlighting? Undeclared work, also known as “B”, irregular or submerged work, means that a worker provides a service to a company and receives a salary, but is not registered with the Social Security. Therefore, the worker is totally unprotected.

– If the Labor Inspectorate discovers that a worker is being paid in the black and at the same time receiving, for example, unemployment benefits, it can impose a fine and force him/her to return all the amounts received for unemployment, in addition to depriving him/her of the right to receive future benefits.

In the case of the company, in addition to facing large financial penalties and having its reputation damaged, there are many other financial risks. For example, if the worker has an accident at work and decides to sue, the company will have to assume responsibility for the accident and all the costs for not having discharged the worker from the beginning.

Fines for undeclared work

It is also true that in the difficult situation in which we live nowadays, the worker is limited to demand his employer to recognize all those rights, but it is true that if you do not claim for what you are entitled to, you will end up being a real “slave” of your employer.

Keep in mind something: you are NOT in black, the one who is in black is your boss for not registering you as required by the labor law, so that if you claim for your rights and he does not want to recognize them, you may be dismissed without just cause, being entitled to initiate a lawsuit to be duly compensated.

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The labor laws in force protect the weakest party in the labor relationship, which is you, the worker. You must take courage and make sure that your rights are respected. Enforce all those laws that have cost so many struggles to the workers and the different labor movements.

In labor law it is very important what is known as the telegraphic exchange, which are the reciprocal document letters that you send to the employer; you intimating the fulfillment of an obligation and the employer responding; that is why you have to be very cautious and you should not write it yourself, nor copy it from a friend or an acquaintance. The way in which this telegraphic exchange is carried out will depend on whether you will receive more or less compensation in a future labor lawsuit.

Is working under the table legal?
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