Argentina
Fixed-term contracts may be used only under exceptional circumstances in Argentina and cannot exceed 5 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 months’ 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.
In Argentina, Workers recognize 19 public holidays. Workers are entitled to a paid day off in recognition of public holidays. Work on public holidays is compensated at 200%.
After six months of service, Workers are entitled to 14 calendar days of paid vacation for the first five years of service. After five years of service, the vacation entitlement progressively increases each year up to a maximum of 35 days for 20 years of service. Vacation must be taken between October and April each year. Vacation must be used in one continuous period or, by mutual agreement, vacation may be taken outside of traditional statutory vacation season and may be divided into periods of at least 7 consecutive days. Up to one-third of an annual leave entitlement may be carried over to the next calendar year by mutual agreement. Otherwise, it is forfeited. Any accrued but unused leave must be paid at the end of the engagement.
Managerial and supervisory positions are excluded from regulation on working hours and overtime.
Probationary periods are permitted only in indefinite contracts and for a maximum of six 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.
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, 8 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%.
Overtime between Monday and Saturday afternoon is payable at 150%. Work performed on a day of rest is payable at 200%.
Workers are entitled to a 13-month salary, which is paid in two installments in June and December of each year.
Except in cases where a Worker is terminated for just cause, a termination requires adequate notice and severance. Notice depends on the Worker’s length of service. Fixed-term contracts and Workers with less than three months service must be given at least fifteen days’ notice; Workers with between three months and five years’ service must be given one month’s notice; and Workers with 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.
All Workers must provide 15 days’ written notice for resignation.
Special rules apply to collective dismissal. Whether a termination qualifies as a collective dismissal, is based on the company's size. Collective dismissals will require a conciliation procedure with the Ministry of Labour.
Additional nuances related to engaging workers in Argentina may apply to certain roles.
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.
