Argentina
Managerial and supervisory positions are excluded from regulation on working hours and overtime.
Fixed-term contracts may be used only under exceptional circumstances in Argentina and cannot exceed five years in total duration. They may not include probationary periods. If renewed successively without an objective reason, the contract may be deemed an indefinite contract. Fixed-term contracts may be terminated early with at least one month's notice, but no more than two month's notice. If terminated early, the Worker is entitled to the remaining salary through the contract's original end date. Early termination may also require severance equal to one full month's salary for each 12 months of service.
Probationary periods are permitted in Argentina only in indefinite contracts and for a maximum of three months. During the probationary period, either party may terminate the contract by granting 15 days' prior notice or pay in lieu of notice. Probationary periods are not applicable to fixed term or temporary contracts.
Workers in Argentina recognize approximately 19 paid public holidays. Work performed on a public holiday is payable at 200%.
After six months of service, Workers are entitled to 14 calendar days of paid vacation (more for Workers with 6+ years of service). Vacation must be taken in between October and April each year. Vacation must be used in one continuous period, and may only be split into two periods under exceptional circumstances. Up to 1/3 of accrued but unused leave may be carried over from year to year. Any accrued but unused leave must be paid at the end of the engagement.
While on sick leave, Worker wages are paid by the employer. Workers with less than five years of service and no dependents are entitled to three months of sick leave. Otherwise, they are entitled to six months. In any case, after five years of service, Workers are entitled to 12 months of sick leave. A medical certificate is required.
A standard workweek is 40 hours per week, eight hours per day. A regular work week for work performed during the day should not exceed 48 hours. Saturday afternoon and Sunday are considered days of rest. Overtime between Monday and Saturday afternoon is payable at 150%. Work performed on a day of rest is payable at 200%.
Part-time Workers are not allowed to work overtime. Overtime should in all cases be avoided, but if unavoidable must be limited to 3 hours per day, 30 hours per month, and 200 hours per year. It should be paid at 150% (or 200% on rest days or holidays). Overtime rules do not apply to managerial and supervisory positions.
Workers are entitled to a 13th month salary in Argentina, which is paid in two installments in June and December of each year.
Workers can terminate an employment contract with 15 days' notice. Except in cases of serious misconduct, a termination that is not initiated by the Worker requires adequate notice and severance. Notice depends on the length of service. Fixed-term contracts and Workers with less than 3 months must be given at least 15 days' notice; Workers with between three months and five years of service or more must be given two months' notice. Severance is equal to approximately one month's pay for each year of service.
Workers are required to give 1 month of notice when they resign.
TCWGlobal stands unmatched as the leading employer of record service provider. Our global reach, expertise in diverse industries, and commitment to client satisfaction makes us the best choice. Looking for a global employer of record or international payrolling partner that will work with you and not for you? Trust TCWGlobal. We are here for you.
When choosing an Employer of Record (EOR) service, people often make mistakes such as overlooking compliance, global reach, technology integration, company experience, and fee transparency. Watch this video to see what to consider when picking an EOR.
