Buenos Aires, November 28 (NA) -- The sentence against the restaurant Piegari obliges it to pay an indemnification that, with interest, amounts to around $200 million, becoming the most media-covered labor lawsuit in the gastronomic sector. The Piegari ruling contradicts a recent criterion from the National Appeals Court of Labor (Section VIII) that ratifies that tips are prohibited by the collective bargaining agreement 389/04 and must not be integrated into the salary. The justice ordered a preventive embargo of $160 million on the company until the Chamber resolves the appeal. The case exposed the chronic problem of bad registration, the inclusion of tips as salary, and the impact of the fines from the Employment Law. According to what the Argentine News Agency learned, the sentence is under appeal at the National Appeals Court of Labor. 10 keys to understanding the case that puts at risk the source of work for 100 employees: Who is the plaintiff and how long did he work? A: A dining room employee who entered in 1994 and worked for 26 years in the restaurant. What was the original reason for the dismissal? A: The worker considered himself indirectly dismissed in 2020 due to the lack of payment of salaries and the company's refusal to reinstate him after he reported that he suffered from a chronic lung disease (COPD). What is the final amount of the sentence? A: The figure amounts to around $200 million pesos (by adding the interest and adjustments to the initial sentence of $9.4 million ARS). What was the salary fraud? A: The waiter earned a total of $100,000 in 2020, but the company only registered $40,000 ('on the books'), paying 60% in cash and tips. What role did tips play in the ruling? A: The first-instance judge (Lucrecia Pedrini) included the $60,000 ARS in tips as part of the registered salary, which skyrocketed the calculation base for the indemnification. Why did the amount skyrocket to $200 million? A: The indemnification for the 26 years of seniority, the doubled fines for bad registration (Law 25.323), and the duplication for Decree 34/2019, which prohibited dismissals during the pandemic, were added. What is the current judicial situation? A: The restaurant filed an appeal. What did the company complain about? A: The owner of Piegari, Isaac Alberto Chinkies, stated that the total figure is 'unviable' and puts at risk 100 jobs that depend on the restaurant. What is to be resolved in the Chamber? A: The National Appeals Court of Labor must define the validity of including tips as salary, a crucial precedent for the registration of income throughout the gastronomic sector.
