Argentina (AR) — civil law.
Nothing on this page describes United States practice. There is no certificate sold to an investor, no administrative sale of land for unpaid tax, and no redemption window after a
subasta judicialin Argentina. If you arrived carrying US assumptions, read falsos-amigos first.
Deudas laborales y continuidad de la empresa
The fact pattern. A business with thirty employees is sold by a court. Some workers
are owed months of wages and severance; some kept working after the bankruptcy; a
convenio colectivo covers all of them. Does the buyer inherit any of it? The answer
depends almost entirely on whether the sale happens inside a quiebra. Inside a
quiebra the special rules of the LCQ apply.
The buyer is “sucesor del concurso” only “con respecto a los derechos laborales de los
trabajadores cuya relación se mantuvo” during the continuation. It is not the
successor of the fallido. Amounts owed before the bankruptcy are verified or paid in
the concurso (art. 199, as replaced by Ley 26.684 in 2011). And acquisition by a third
party definitively ends the employment contract and extinguishes the collective
agreements as to the buyer (art. 198). Outside a quiebra, an attached business sold
in an individual execution, or one bought privately, the general labour rule applies.
Under the LCT the transferee “por cualquier título” takes over every obligation from the
employment contracts (art. 225). Transferor and transferee are jointly liable (art.
228). Since 6 March 2026 (Ley 27.802), that liability is limited to what the buyer
“debió o pudo haber conocido”, and hidden or falsified information that due diligence did
not reveal exempts the buyer. The LCT has no quiebra exclusion of its own. The
carve-out is in the LCQ. Finally, the 2011 reform made the workers’ cooperative a
privileged bidder. It can buy at the appraisal value and set off its members’ labour
credits against the price (arts. 203 bis, 205 inc. 2). That is an exception to the
general bar on set-off (art. 211). An outside buyer should price that competition in.
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