The Labour Courts of the City of Buenos Aires recently ruled that the dismissal of an employee that was suffering a drug addiction problem was discriminative and therefore, ordered the employer to pay him moral damages compensation
Aug
27
2019
Argentina: Labour Court considers whether an employee, who informally represented other employees before the employer is protected against dismissal as a union delegate?
In this particular case, the Labour Court considered that the employer had the burden to prove that the dismissal of the employee was not related to the employee´s claims against the company and his recent affiliation to the union. The Court ruled that even though the employee was not formally appointed as a union delegate, and consequently could not be afforded protection under union laws, the dismissal was discriminative and therefore null. Accordingly, the employer was ordered to reinstate the employee and pay him moral damages compensation
Jul
09
2019
Employee Benefits in Argentina
Social Security All employees are covered by a national retirement pension scheme funded through mandatory contributions by both employer and employee. Employees are eligible for retirement and collect governmental pension when they reach retirement age (65 years for men and 60 years for women) and have made contributions to this system for 30 years. Employers […]
Jul
09
2019
Trade Unions and Employers Associations in Argentina
Brief Description of Employees’ and Employers’ Associations In Argentina, there are currently trade unions and employers’ associations that represent all types of activities. Employees have the right to organize themselves into unions. Affiliation to unions by employees is not mandatory. The employee is free to decide whether to affiliate or not to the union. The […]
Jul
09
2019
Transfer of Undertakings in Argentina
Employees’ Rights in Case of a Transfer of Undertaking In case of a transfer of undertaking, employees are transferred as a matter of law, and consent of the employees is not required, and no notice is required. The new employer must maintain the employee’s work category, benefits, rights, salaries and seniority acquired with the prior […]
Jul
09
2019
Restrictive Covenants in Argentina
Definition and Types of Restrictive Covenants During the employment relationship, employees are obliged in respect to employer´s intellectual property, confidentiality and no competition. There are no specific laws about restrictive covenants after termination of employment. However, the Constitution provides freedom of work, which means that the employee may challenge any non-compete or non-solicitation provisions after […]
Jul
09
2019
Termination of Employment Contracts in Argentina
Grounds for Termination Employers can terminate employment at any time without justified cause, subject to payment of severance compensation provided by labor laws. Employees on a trial period, i.e. during the first three months of employment, are not entitled to severance compensation, exception made to prior notice (15 days). Termination of employment with justified cause […]
Jul
09
2019
Social Media and Data Privacy in Argentina
Can the employer monitor, access, review the employee’s electronic communications? Employers can monitor, access and review only labor/corporate employees’ electronic communications, provided that the employee is notified in advance (by signing a corporate policy in that respect) that the electronic communications are to be used only for working purposes and can be monitored and therefore, […]
Jul
09
2019
Anti-Discrimination Laws in Argentina
Extent of Protection Different conditions granted by the employer to the employees must be justified in objective parameters (seniority, job position, responsibilities and performance). The employer is obliged to keep a safe working environment, including preventing and protecting employees against physical and psychological damages caused by discrimination. The employer could not only be ordered to […]
Jul
09
2019
Working Conditions in Argentina
Salary A minimum wage has been established and is adjusted at intervals. However, said minimum wage is generally exceeded by the basic salaries established in the collective bargaining agreements. The provisions of a particular collective bargaining agreement are mandatory by law and regulated by law. A particular collective bargaining agreement is applicable to all employees […]