Federal Court No. 2 of Córdoba ordered Correo Argentino and Logística de Avanzada SA to jointly compensate a former delivery worker. The worker had been dismissed after requesting formal registration and social security contributions. The ruling orders the payment of $359,817 (ARS) adjustable plus legal costs.
Sánchez Freytes's judicial ruling
Judge Alejandro Sánchez Freytes stated that both companies failed to comply with current labor regulations. He indicated that the worker performed tasks inherent to Correo's business operations, under its operational control and with a fixed schedule. The court found that there was a concealed employment relationship disguised as independent contracting.
The plaintiff stated that he started in 2006 performing delivery tasks at Correo's "Grandes Clientes" office. He claimed that he used his van with the institutional logo and worked full time. He maintained that he never received disciplinary actions or social security or health insurance contributions.
Informal work and outsourcing
According to the case, Logística de Avanzada required him to sign a transportation contract and purchase accident insurance with Correo as the beneficiary. The court determined that this arrangement simulated an independent service. Sánchez Freytes recalled that Law 20.744 imposes joint liability on those who outsource without monitoring labor conditions.
