The case that settled the matter for me happened last year with a developer from Caballito who worked for a software company from home. The employee had switched to remote work in the middle of the pandemic, after two years in the office, and suddenly had to take care of her mother who was in the early stages of Alzheimer's. She asked to return to the office two days a week to get at least a little air outside the house. The company told her no, that the team "was already settled in remotely" and that "opening the office" was complicated. Three months later, the developer sent a formal notice for constructive dismissal and won the lawsuit. It is the perfect example of what the reversibility of remote work in Argentina is meant to prevent. I will explain how to apply it correctly, what Art. 8 of Law 27.555 says, and when the employer can refuse without it blowing up in their face.
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Boletín · Legal
Reversibility of remote work in Argentina: how to apply it without falling into constructive dismissal
How to apply the reversibility of remote work in Argentina according to Art. 8 of Law 27.555: the worker's right to return to in-person mode, requirements, deadlines, valid reasons for the employer to refuse, and the risk of constructive dismissal.
June 4, 202611 min de lectura read
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