The Labor Court in Buenos Aires has set a significant precedent impacting part-time contracts, ruling that employers must pay a full-time salary if hours worked exceed a specific limit, even if the parties have agreed to a reduced schedule. According to the Argentine News Agency (NA), the National Appeals Court of Labor (CNAT), Chamber V, applied Article 92 ter of the Labor Contract Law (LCT) to resolve a dispute between an ambulance doctor and INSSJP (PAMI). The ruling establishes that the criterion for determining full remuneration is as follows: when the agreed-upon schedule exceeds two-thirds (2/3) of the standard workweek for the activity, the employer must pay the equivalent of a full-time salary. In the case analyzed, the doctor worked 24 hours per week, which exceeds the two-thirds threshold of the standard 35-hour workweek. The court determined that if the work exceeds this limit, the salary must be calculated as for full-time employment, nullifying the principle of proportionality advocated by the employer. The ruling, which awarded the worker back pay of 147,593.94 pesos plus interest, reinforces the protective nature of the LCT. The main amount of the ruling prevents part-time contracts from being used to undermine the full compensation of employees.
