Laboral - Rol N° O-215-2022

A labor court ordered indemnities against a liquidated construction company and subsidiarily against the State (MOP) for an employee's justified and null indirect dismissal, recognizing subcontratación and the State's subsidiary liability with temporal limitation.

• Existence of an indefinite labor relationship between the plaintiff, Nombre, and the principal defendant, Ingeniería y Construcciones Santa Fe SA, from January 14, 2014, to April 20, 2022.
• The plaintiff performed duties as 'Laboratorista Vial Clase B' and later as 'Jefe de Laboratorio' for the principal defendant.
• The employer (Ingeniería y Construcciones Santa Fe SA) failed to declare and pay social security contributions for February and March 2022, and also had delayed payments for contributions since April 2021.
• The employer systematically delayed salary payments by up to 15 days, starting from October 2021, contravening the contractual payment terms stipulated in Clause Quinta.
• The employer failed to pay the full salary for March 2022, paying only $1,352,415 out of ...