START OF THE EMPLOYMENT RELATIONSHIP
Who can work in Argentina?
The Labor Contract Law establishes that persons over the age of eighteen may work. In addition, persons between the ages of sixteen and eighteen may work with the authorization of their parents.
What are the main sorts of labour contract that exist in Argentina?
There are different types of contract, they are:
F- for groups / teams
What are the main features of each of them?
A – A permanent contract has an indefinite time of duration.
B - Fixed-term contracts pre-determine the duration of the contract expressly and in writing.
C - Seasonal work contracts are long-term contracts which obligate parties to perform their duties only at certain times of the year, subject to repetition by virtue of the nature of the activity.
D - Part-time contracts apply to workers who provide services for less than two-thirds of the usual workday.
E – Temporary employment contracts always requires a special reason, i.e. the employee's activity is performed for the satisfaction of concrete and specific results.
F - Group employment contracts are concluded by an employer with a representative on behalf of a group of workers who are obliged to provide services to the employer.
What information should employees be given in Argentina?
You should be informed of the salary to be collected, the insurance that covers work accidents, the place and hours of work, and duties to be performed.
DURING THE EMPLOYMENT RELATIONSHIP
What are the main employment rights in Argentina?
Right to paid leave, supplementary annual salary, sick leave, maternity leave, right to strike, and right to membership in a trade union.
What are the maximum permitted daily, weekly, monthly and annual working hours?
In principle, the maximum working time is 48 hours per week (8 hours per day). However, there are different collective agreements that establish other working days depending on the activity. Each activity is organized by different unions that establish and agree on working days.
Is there any minimum number of hours required?
The Labor Contract Law does not establish a minimum number of hours, but stipulates that between the beginning of one day and the end of another, at least 12 hours must elapse. The distribution of hours is the exclusive right of the employer. Collective labor agreements may stipulate the number of minimum and maximum hours depending on the activity.
What is the minimum holiday entitlement?
Workers must have worked for at least 20 days to enjoy a day of holiday. This assumption applies when services have been provided for at least half of the business days in the calendar year.
Can a contract be modified while still valid and in force? If so, under which circumstances?
Yes, it can be modified whenever the so-called "ius variandi" is not affected, that is to say, that the conditions of the contract of employment must not modify its essential conditions and become unfavorable for the worker.
Are any particular employment relationships subject to special protection?
Yes. There is special protection for the work of people between 16 and 18 years, unhealthy work, and pregnant women.
Are there any obligations to consult with a works council and/or to undertake collective bargaining?
This only occurs in cases in which the Ministry of Labor mandates obligatory conciliation.
END OF THE EMPLOYMENT RELATIONSHIP
When and how can an employer terminate an employment relationship?
The employment relationship can be terminated at any time, either by resigning from employment or by being placed in an indirect dismissal situation (i.e. previous notice to the employer via telegram). In these cases the notice is 15 days.
What are the economic consequences in each case?
Dismissal with cause: salaries are owed; annual salary, proportionate supplementary salary, overtime and commissions if applicable.
Dismissal without cause: one month's salary is payable for each year of service or period of more than 3 months, vacation wages owed, annual supplementary salary, proportional hours.
Are there any situations in which an employment relationship would terminate automatically and without the need for action by either party? If so, what are they?
Yes, fixed-term, seasonal, part-time and casual work contracts.