Argentina

Labor Compliance Guide

Labor Requirements

Employer-employee relations in Argentina are mainly governed by Labor Contract Law No. 20,744,  Law on Work Time, 1929, No. 11,544, Decree on National Holidays, No. 1584/2010, collective bargaining agreements and the individual terms of labor contracts between employers and employees.

Hours & Pay Regulations

Normal Working Hours

Normal working hours are a maximum of 8 per day and 48 per week from Monday through Saturday. Workers are generally entitled to be off from work from 1 p.m. Saturday until Monday.

 

Shift Work – The duration of the work may be extended beyond 8 hours per day and 48 weekly, provided that the average working hours over a period of 3 weeks at least less, do not exceed 8 hours per day and 48 weekly.

 

Weekly Limitation – Limitation of work is at a rate of 8 hours per working day of the week, provided that Saturday’s work hours end at 1.00 pm.

 

When work is carried out in unhealthy places where the vitiation of the air or its compression, Emanations or permanent toxic dust, endanger the health of workers, the duration of work shall not exceed 6 hours a day or 36 hours weekly. Law on Work Time, 1929, No. 11,544 (as amended) arts. 1-2. 

Overtime

The maximum number of overtime hours that can be performed by the employee is  30 hours per month and 200 hours per year. Daily overtime may not exceed 3 hours per day, and the tasks on Saturday must be completed on or before 1 pm.

 

When the work is carried out in teams in rotating shifts, the duration may be extended beyond eight hours per day and forty-eight weekly distributing the hours of work over a period of 3 consecutive weeks or a total of 144 hours, in 18 working days, in such a way that the average working hours within the cycle do not exceed 8 hours per day or 48 weeks, without in any case the weekly work exceeding 56 hours.

 

Overtime Pay

When an employee works overtime a premium of 50% on the usual salary is paid to him. If the employee works on Saturday after 1 pm, Sunday and Holiday he would be entitled to a 100% premium over his regular salary. Employment Contract Law, No. 390/1976 (as amended), art. 201 (Spanish); Decree on Working Hours, No. 484/2000 (Spanish).

Night Work

Night work is work performed between 9:00 p.m. and 6:00 a.m. It may not exceed 7 hours per day. In the event that the daytime work hours are combined with the nighttime hours, the total hours of work are reduced proportionally by eight minutes for each hour of nighttime work or the extra eight minutes is paid as overtime. 

 

In Argentina, night workers are not paid a higher rate for working at night, instead, their working hours are reduced from 8 hours to 7 hours.

 

When the work is carried out in rotating shifts, the staff may carry out 8-hour workdays from 9:00 p.m. to 6:00 p.m., but in compensation for every 7 days of night work, they will have rest equivalent to 1 workday.

 

Compensation for Overtime Work Performed at Night or Mixed Shift for the additional time (8 minutes) – A premium of 50% calculated on the usual salary, if it is the regular day, and 100% on Saturday after 1 pm, Sunday and holidays.

Work On Rest Days

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.

 

Weekly Rest

An employee is entitled to a weekly rest period of 35 hours, generally from 1 pm on Saturday until midnight on Sunday. 

 

Work on Rest Day

If an employee performs work on a Rest Day he would be entitled to the usual salary with a 100 % premium. If an employee performs overtime work on a Rest Day, the employer is obliged to pay the usual salary with a 100% premium. Law on Work Time, 1929, No. 11,544 (as amended) arts. 1-2. 

Public Holidays

Argentine law provides for the following national holidays:

      • January 1: New Year.
      • Monday and Tuesday of Carnival.
      • March 24: National Day of Memory for Truth and Justice.
      • Holy Friday.
      • April 2: Veterans and Fallen Day in the Falklands War.
      • May 1: Labor Day.
      • May 25: May Revolution Day.
      • July 9: Independence Day.
      • December 8: Day of the Immaculate Conception of Mary.
      • 25th December, Christmas.
      • April 24 of every year as “Day of action for tolerance and respect among peoples”

 

Transferable National Holiday

The transferable national holidays whose dates coincide with the days Tuesday and Wednesday will be transferred to the previous Monday. Those that coincide with Thursday and Friday will be transferred to the next Monday.

          • June 17: Step to the Immortality of General Don Martín Miguel de Güemes.
          • August 17: Step to the Immortality of General Don José de San Martín.
          • October 12: Day of Respect for Cultural Diversity.
          • November 20: National Sovereignty Day.

Non-Working Days

            • Holy Thursday (employee will be granted this holiday at the sole description of the employer).
            • Establish as non-working days for all the inhabitants of the Argentine Nation who profess the Jewish religion on the days of the Jewish New Year (Rosh Hashana), two (2) days, the Day of Forgiveness (Yom Kippur), a (1) day, and of the Jewish Passover (Pesach) the first two (2) days and the last two (2) days.
            • Establish as non-working days for all the inhabitants of the Argentine Nation who profess the Islamic religion, the day of the Muslim New Year (Hégira), the day after the culmination of fasting (Id Al-Fitr); and the day of the Feast of Sacrifice (Id Al-Adha).
            • The National Executive Power may annually establish up to three (3) holidays or non-working days destined to promote the tourist activity, which must coincide with the days Monday or Friday. 

Workers who do not provide services in the religious holidays will earn remuneration and other rights arising from the employment relationship as if they had rendered service.

 

Work on Holiday

If employees do work on national holidays, they are entitled to an additional 100 percent compensation based on their regular hourly rate. Overtime work during the holiday, should not exceed 30 hours per month or 200 hours per year. Decree on National Holidays, No. 1584/2010 (Spanish); Employment Contract Law, No. 390/1976 (as amended), arts. 166, 201.

Annual Leave

Workers who have completed at least six months with the same employer over a 12 ­month period are entitled to paid annual leave as follows:

  • 14 calendar days for employment for less than five years.
  • 21 calendar days for employment between five and 10 years.
  • 28 calendar days for employment between 10 and 20 years
  • 35 calendar days for employment for more than 20 years

An employee is required to work at least half of the working days of the calendar year to earn their full annual leave entitlement. For this purpose, the holidays on which the worker should normally provide services will be counted as business days.

The vacation must be taken between October 1 and April 30 of the following year, with the employee receiving a 45-day prior written notice for the vacation period. The employer and employee may agree that leave is taken in several shorter blocks at any time of year.

 

Employees who have not completed 6 months of service get one day off for every 20 days worked. 

 

Carry Over – By agreement, an employee may carry over up to 1/3rd of the annual leave entitlement from one calendar year to the next. Any unused leave in excess of this is forfeited at the end of the year.

 

Remuneration

The worker will receive compensation during the holiday period, which will be determined as follows:

    • In the case of paid work with a monthly salary, dividing by twenty-five (25) the amount of the salary received at the time of its granting.
    • If the remuneration has been set per day or per hour, the amount corresponding to the employee will be paid for each day of vacation before the date on which he begins to enjoy them.
    • In case of piecework, individual or collective commissions, percentages or other variable forms, according to the average of the salaries accrued during the year that corresponds to the granting of vacations or, at the option of the employee, during the last six ( 6) months of service provision.

Employment Contract Law, No. 390/1976 (as amended), arts. 150-155.

Minimum Wage

Since October 2019, the national minimum wage in Argentina remained fixed at 270.3 € per month, which is 3244 euros per year.

Special Leave

Sick Leave

Paid leave due to an illness or an accident:

      • Employees with less than 5 years of service – 3 months
      • Employees with 5 or more service or with dependent – 6 months
      • Employees with 5 or more years of service and with dependents – 12 months

Employees who are unable to return to work after their leave expires for physical or mental reasons are entitled to an additional 12 month’s unpaid leave during which time their employers must keep the employee’s job position open. The employer can terminate if the employee doesn’t return subsequently, the employer may terminate the employment without severance. Employment Contract Law, No. 390/1976 (as amended), arts. 208, 212.

Maternity Leave

An employee is entitled to 45 days of unpaid leave to their expected childbirth and 45 days after. The employee may choose to reduce this leave to a minimum of 30 days and to add to the prenatal leave. In case of early delivery, the amount of prenatal leave not taken is added to postnatal leave. The employee must provide a medical certificate with an expected date of childbirth. 

 

Pay

The employee is not entitled to be paid by the employer but receives a social security benefit from the Social Security system equivalent to normal remuneration. Upon expiry of the maternity leave, the employee can decide whether to:

      • Return to work (with a right to reduce the workday by 1 hour to attend to the newborn.
      • Take up to 6-month additional unpaid maternity leave, in which case employers must reinstate employee one the leave expires.
      • Resign and obtain a special farewell bonus equivalent to 25% of the mandatory severance pay.

Employment Contract Law, No. 390/1976 (as amended), arts. 177, 179.

Paternity Leave

Men are entitled to two days of leave for the birth of a child. Employment Contract Law, No. 390/1976 (as amended), arts. 158.

Other Paid Leaves

Employees can take paid leave for the following circumstances:

          • Marriage: 10 calendar days;
          • Birth of Child: 2 days
          • Death of a spouse, child or parent: three days;
          • Death of a sibling: 1-day ; and
          • High school or college exam: two days (maximum 10 days per year) – The beneficiary must prove to the employer that they have taken the exam by presenting the certificate issued by the institute in which they study.
          • Foreign Nationals who come from a bordering country are entitled up to 4 days’ leave.

The other paid leave shall be paid, and the salary shall be calculated in accordance with the provisions of article 155 of this law which states that in case of paid work with a monthly salary, dividing by twenty-five (25) the amount of the salary received at the time of its granting.

In the leaves referred to under other paid leave, a business day must necessarily be computed, when they coincide with Sunday, holidays or non-working days. Employment Contract Law, No. 390/1976 (as amended), art. 158.

Public Duty Leave

An employee who is called to give testimony before the court is entitled to paid leave. Those who are elected to sit on a representative body are entitled to leave without payment. The period of leave considered working time for seniority purposes. Article 215, Labor Contract Act.

Military Leave

Paid Leave entitlement in accordance with the length of the assignment. Employers are entitled to receive compensation from authorities for such payment. Article 216, Labor Contract Act.

Adoption Leave

No statutory requirement – though some legal cases have resulted in employees being entitled to maternity and paternity leave when they adopt.

Last updated on: February 10th, 2020