The November 19, 2009, the National Labour Court of Appeal, the Court: "Tulosai, Alberto Alberto Pascual v. Central Bank of Argentina s / Law 25,561" resolved the following questions
1 °) It is included in the wage base for calculating seniority pay under the first paragraph of article 245 of the LCT, the proportion of the annual salary supplement? 2 °) discarded the configuration of an alleged fraud to the labor law the subsidy paid by the employer without a monthly basis and based on a system of employee performance evaluation, should count for purposes of determining the wage base under the first paragraph of Article 245 of the LCT?
In the first case, it was decided that it is not for inclusion in the wage base for calculating seniority pay under the first paragraph of Article 245 of the LCT, the proportion of the annual salary supplement.
The second question was answered as follows: discard the setting of an alleged fraud to the labor law, the subsidy paid by the employer without monthly and based on a performance evaluation of the employee, shall not be counted for purposes of determining the wage base under the first paragraph of Article 245 of the LCT
It follows that the House labor has taken a clear decision contrary to the Supreme Court of the Province of Buenos Aires (which sets mandatory legal doctrine contrary rule on bonus).
Finally, it should be noted that the plenary decision of the Chamber of Labour does not seem compelling enough to anticipate what will happen in the future. In fact, the second answer is too many questions as to reach a clear and forceful rule, whereas to achieve the answer meeting, the second conclusion needs to) disregard "fraud", b) the non-monthly intervals and c) that the "bonus" must necessarily be related to a performance evaluation system dependent.
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