Multa por certificados de trabajo
Author | Diego S. Kelly,María Daniela Claverie |
Date | 04 August 2016 |
Published date | 04 August 2016 |
Law Firm | Marval O'Farrell Mairal |
El 6 de julio de 2016, la Sala I de la Cámara Nacional de Apelaciones del Trabajo estableció que, aun cuando se tenga por acreditada la existencia de diferencias salariales, si los certificados de trabajo fueron entregados en tiempo y forma al trabajador, no corresponde la multa del art. 45 de la Ley 25.345, por cuanto las diferencias salariales fueron declaradas recién en el momento de dictarse sentencia definitiva. La obligación del empleador se limita a hacer entrega de los certificados de trabajo teniendo en cuenta los registros que obran en los libros de la empresa.
En el caso, un trabajador se agravió porque en origen se desestimó la multa prevista en el art. 45 de la Ley 25.345. El trabajador sostuvo que los instrumentos confeccionados y entregados por la parte empleadora no reflejaban la realidad de la relación laboral, reconocida en primera instancia, y, por lo tanto, resultaban insuficientes para dar por cumplida la obligación legal que el art. 80 de la Ley de Contrato de Trabajo impone a la empleadora.
La Sala I de la Cámara Nacional de Apelaciones del Trabajo confirmó la sentencia apelada, considerando que, si bien se reconoció el derecho a percibir las diferencias salariales devengadas, la parte...
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