Córdoba: Correo Argentino was ordered to compensate an unregistered former employee

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.

El Juzgado Federal N°2 de Córdoba condenó a Correo Argentino y a Logística de Avanzada SA a indemnizar solidariamente a un exrepartidor.

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.

The judge emphasized that witnesses and documents confirmed the worker's daily routine. All agreed that he followed orders, schedules, and routes imposed by Correo. "Logística de Avanzada disguised an employment relationship as a commercial arrangement," the ruling stated.

La sentencia dispone el pago de $359.817 actualizables más las costas del proceso.

Shared responsibility and conviction

The court concluded that both companies used the plaintiff's labor force without formally registering him. Correo Argentino, by admitting that the employee performed tasks for its office, could not disclaim its responsibility. For this reason, they were declared jointly liable for the outstanding labor and social security items.

They must pay him outstanding wages, annual bonus, unused vacation, and severance for length of service. The judge added that the lack of registration aggravated the situation and justified the amount of compensation. The ruling became final after the companies' defensive arguments were rejected.