Article 48 Federal Labor Law

The employee may request before the Conciliation Authority, or before the Court if there is no conciliatory arrangement, that he be reinstated in the work that he was performing, or that he be compensated (indemnity) with the amount of three months of wage, at the rate of that corresponding to the date on which the payment is made, previously observing the provisions relating to the conciliation procedure provided for in Article 684-A and subsequent ones.

If in the corresponding proceeding the employer does not prove the cause of the termination for cause, the employee shall have the right, in addition, whatever the action attempted may have been, to be paid the accrued wages computed from the date of the dismissal up to a maximum period of twelve months, in terms of that prescribed in the last part of the preceding paragraph.

If at the end of the term indicated in the preceding paragraph the procedure has not concluded or the judgment (sentencia) has not been complied with, the interest generated on the amount of fifteen months of wage shall also be paid to the employee, at the rate of two percent monthly, capitalizable at the moment of payment. The provisions of this paragraph shall not be applicable for the payment of another type of compensation (indemnity) or benefits.

In the case of death of the employee, the accrued wages shall cease to be computed as part of the conflict, from the date of the death.

Attorneys, litigants or representatives that promote actions, exceptions, incidents, proceedings, offering of evidence, appeals and, in general, every action in a notoriously improper manner, with the purpose of prolonging, delaying or obstructing the substantiation or resolution of a labor proceeding, shall be imposed a fine of 100 to 1000 times the Measurement and Updating Unit (Unidad de Medida y Actualización).

If the delay is the product of omissions or irregular conducts of the public officials, the applicable sanction shall be the suspension up to ninety days without payment of wage and, in the case of recurrence, the removal from the position, in the terms of the applicable provisions. Furthermore, in this latter case the Public Prosecutor's Office (Ministerio Público) shall be notified so that it investigate the possible commission of crimes against the administration of justice.

To the public officials of the Federal Center for Conciliation and Labor Registration, when they delay, obstruct or influence the procedure of labor union registrations and of collective employment contracts and of internal work regulations in favor of or against one of the parties, as well as in the granting of the certificate of representativeness without justified cause, a fine of 100 to 1000 times the Measurement and Updating Unit shall be imposed. As regards the public officials of the local Conciliation Centers (Centros de Conciliación locales), they shall be sanctioned in the same terms, when in the performance of their conciliatory function they incur in these conducts.