The Argentine Constitution guarantees “dignified and equitable working conditions,” fair and equitable remuneration and protection against arbitrary dismissal, among other labor rights. Specific legislation such as the Employment Contract Law implements these rights.
Normal working hours are a maximum of eight per day and 48 per week from Monday through Saturday. There must be at least 12 hours between the end of one shift and the beginning of the next. Workers are generally entitled to be off work from 1 p.m. Saturday until Monday. Law on Work Time, 1929, No. 11,544 (as amended) arts. 1-2.
The overtime premium is 50 percent of the regular rate (time and a half) for work performed from Monday until 1 p.m. on Saturday (beyond the maximum eight hours per day and 48 per week) and 100 percent (double time) for work performed on Saturdays after 1 p.m., on Sundays or on public holidays.
Employees cannot be required to work more than 30 overtime hours in a month or 200 in a year. Employment Contract Law, No. 390/1976 (as amended), art. 201; Decree on Working Hours, No. 484/2000.
Night work (performed between 9:00 p.m. and 6:00 a.m.) may not exceed seven hours. Mixed day and night work should be computed by reducing eight minutes per each night hour of work (or pay these eight minutes as overtime). Employees are not entitled to overtime when they work in night shifts and exceed seven hours, but are entitled to a day of rest every seven days of night work, besides the weekly rest of Saturday evening and Sunday. Only when this additional day of rest cannot be granted will the employee be entitled to overtime pay at a rate of eight minutes for every night hour worked.
Employees are entitled to a rest period of not less than 12 hours between the end of one working day and the beginning of another.
Argentine law provides for the following national holidays:
Certain holidays may be granted to employees at the employer’s sole discretion (for example, Good Thursday and December 24). Decree on National Holidays, No. 1584/2010; Employment Contract Law, No. 390/1976 (as amended), arts. 166, 201.
Workers who have completed at least six months with the same employer over a 12month period are entitled to paid annual leave as follows:
Workers who have not completed six months of service get one day off for every 20 days worked. The employee must be paid his or her usual wages during leave, and the payment must be made prior to the beginning of leave. Leave must begin on a Monday. Employment Contract Law, No. 390/1976 (as amended), arts. 150-155.
The monthly minimum wage is 10,000 pesos. Argentine Constitution, 1994, § 14bis.
Workers have the right to sick leave with full pay for a period of up to three months per year if their length of service is five years or less and for a period of up to six months if their length of service is more than five years. If the worker has family responsibilities, these entitlements are extended to six and 12 months, respectively. The worker is entitled to sick leave without pay for another 12 months, during which the employer is obliged to maintain the employment relationship.
Female employees are entitled to maternity leave of 45 days before and 45 days after delivery, although the employee is allowed to switch up to 15 days from the prenatal to the postnatal period, and a social allowance corresponding to her salary for the time she is on leave. The employee must present a medical certificate confirming her pregnancy and the expected delivery date. She is entitled to job security and may for certified medical reasons refuse particular assignments or tasks. Once a mother returns to work, the law requires that she be allowed two daily nursing breaks of 30 minutes each or a single hour-long break for at least one year. At the end of maternity leave, women who have been with a company for at least a year may take additional unpaid leave of from three to six months.
Men are entitled to two days of leave for the birth of a child.
Employees can take paid leave for the following circumstances:
Employment Contract Law, No. 390/1976 (as amended), art. 158.
Last updated on: March 29th, 2019