Workplace & Labour Rights

No At-Will Employment in This Legal System

An employer claims dismissal requires no reason because the legal system operates an at-will employment system.

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What They Said

“We do not need to give you a reason for dismissal — you are at will.”
Said by an employer when terminating an employee's contract without explanation, often borrowing language from a foreign legal system.

False Legal Premise / Jurisdictional Confusion

At-will employment is a principle that exists in some legal systems but not in others. Importing this concept into a legal system that does not recognize it is a fundamental legal error — intentional or not. The applicable law in such a legal system requires both a substantively fair reason and a procedurally fair process for every dismissal.

Your Legal Foundation

Ley de Contrato de Trabajo 20.744
“In cases of dismissal decided by the employer without just cause, whether or not prior notice has been given, and after the probation period has elapsed, the employer must pay the worker compensation equivalent to one (1) month's salary for each year of service or fraction greater than three (3) months, based on the best monthly, normal and habitual remuneration earned during the last year or during the time of service if shorter.”
The employer's statement that no reason is needed is incorrect under Argentine law. If the dismissal is without just cause, the employee is entitled to severance pay as described in Article 245.

God's Word on This

Proverbs 18:17 (NET)
“The first to state his case seems right, but his opponent will come and cross-examine him.”
Every person deserves the opportunity to hear the case against them and respond — a dismissal without reasons denies this fundamental justice.
Micah 6:8 (NET)
“He has told you, O man, what is good, and what the Lord really wants from you: He wants you to promote justice, to be faithful, and to live obediently before your God.”
Promoting justice in the workplace means giving workers clear, honest and fair reasons for decisions that affect their livelihood.
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Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “You were still in the probation period, so no severance is owed.”
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They might say: “We are substituting the severance with a special fund or system as allowed by the collective bargaining agreement.”
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