Seven striking facts about employment law in Argentina

Global employers with operations in Argentina will be aware of some of the more unusual legal requirements
Global employers with operations in Argentina will need to be aware of some of the more unusual legal requirements.

Do employment contracts in Argentina need to be in writing? Are employees entitled to paid sick leave? How should employers choose the order in which employees are made redundant? Global employers that operate in Argentina can find out about their legal obligations and more in XpertHR’s new guide to employment law in Argentina (US version).

The guide provides a concise overview of the main points of Argentinian employment law as a first point of reference for HR professionals with responsibility for staff issues in Argentina.

Below, we outline seven interesting facts of Argentinian employment law.

1. “13-month” payment

Every year, employees are entitled to receive a “13th month” of salary from their employer, which is payable to the employee in two annual instalments.

2. Paid sick leave

Employees are entitled to paid sick leave for up to 12 months, with the time that they receive sick pay for dependent on their length of service and family responsibilities.

3. Holiday pay

During annual leave, employees receive a holiday pay premium of about 20% more than the remuneration that they would have received for working over the same period.

4. Employment contracts

There is no general requirement that employment contracts must be in writing, and the employer is not required to provide an employee with a written statement of the terms of employment. However, fixed-term contracts and contingency employment contracts (ie contracts that terminate on the completion of a specified task or when a specific event occurs) must be in writing.

5. Business transfers

Employers are not obligated to inform and consult employees, either directly or through trade unions, prior to a business transfer. In the event of a business transfer, the affected employees’ contracts are transferred automatically from the old owner to the new owner, and the employees maintain their acquired length of service and existing pay and conditions.

6. “Labour book”

Employers are required to maintain a labour book containing details of all employees including name, marital status, job description and salary. Employers must register all employees in the labour book within one month of employment beginning. Failure to register can expose an employer to a compensation claim by the employee.

7. Redundancy dismissals

When dismissing employees due to lack of work, employees’ family responsibilities must be taken into account in deciding the order of selection for dismissal: employees with fewer family responsibilities should be dismissed first.

Melissa Silver

About Melissa Silver

Melissa Silver is legal editor of XpertHR in the US, responsible for content on the employment offer, terms of employment, new hire paperwork, negligent hiring, onboarding and orientation, recordkeeping and minimizing liability content in the recruiting. Prior to joining XpertHR, she practised law for 10 years.
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