Payment In Installments Of Dismissal Compensation

Abstract

The central question of this research is to determine whether the reform introduced by Article 56 of Law 27,802— which amends Article 277 of the Employment Contract Law (No. 20,744) and establishes: ‘...Judicial rulings ordering payment against human and/or legal persons in the case of large companies may be settled in up to a maximum of six (6) consecutive monthly installments, adjusted in accordance with the criteria established in Article 276 of this law. In the case of Micro, Small, and  Medium-sized Enterprises, the settlement of judicial rulings ordering payment against human and/or legal persons may be carried out in up to a maximum of twelve (12) consecutive monthly installments...’—passes the scrutiny of constitutionality and conventionality, violates principles of labor law, and, fundamentally, guarantees the effective judicial protection of workers. First, I will analyze the temporal application of the rule, as well as its compatibility with constitutional and conventional norms; furthermore, whether the new provision under analysis affects the fundamental principles enshrined in said regulations, substantive laws, or pre-existing legal frameworks. Additionally, I will examine whether provincial autonomy is affected by this regulation on procedural matters, and whether effective judicial protection—along with its constitutional regulation and the international treaties incorporated by Article 75, subsection 22 of the National Constitution—is guaranteed from both a doctrinal and regulatory standpoint. Finally, I will analyze rulings and opinions from the Public Prosecutor’s Office at both the provincial and national levels.