Carácter remunerativo de los vales alimentarios
Author | Javier E. Patrón,Enrique M. Stile |
Published date | 16 September 2009 |
Date | 16 September 2009 |
Law Firm | Marval O'Farrell Mairal |
La decisión de la CSJN fue dictada mediante fallo unánime basado en dos fundamentos diferentes, uno el de los Ministros Lorenzetti, Petracchi, Maqueda y Zaffaroni, y otro de los Ministros Highton de Nolasco, Fayt y Argibay. En fallo unánime, los jueces integrantes de la CSJN, establecieron que los vales alimentarios son "inequívocamente una 'ganancia', que sólo encuentra motivo o resulta consecuencia del contrato o ‘relación de empleo’".
Ricardo Lorenzetti, Enrique Petracchi, Juan Carlos Maqueda y Eugenio Zaffaroni sostuvieron que "la prestación de una de las partes, el trabajador, está constituida por la actividad humana, inseparable e indivisible de la persona del hombre y, por tanto, de su dignidad". Agregando que: "Resulta inadmisible que no se considere salario una prestación que, como los citados vales alimentarios, entrañó para el trabajador, inequívocamente, una 'ganancia' y que, con no menor transparencia, sólo encontró motivo o resultó consecuencia del contrato o relación de empleo".
Por su parte, los jueces Elena Highton de Nolasco, Carlos Fayt y Carmen Argibay hicieron hincapié en los informes, fundamentos y...
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