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 […]
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 […]
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 […]
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 […]
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 […]
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, […]
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 […]
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 […]
Minimum Requirements Written employment contracts are not required for permanent, full-time employment relationships, because labor laws are mandatory, very comprehensive and rule almost every term of the employment relationship. Labor laws only require the employer to register the employee in the company labor books and before the tax authorities, pay social security and taxes in […]
Requirement for Foreign Employees to Work There is no restriction regarding the employment of foreigners in Argentina. Requirements differ if the employee´s nationality is from a country of Mercosur or affiliated to Mercosur (Uruguay, Paraguay, Brazil, Argentina, Colombia, Chile, Venezuela, Ecuador, Bolivia and Perú) or other countries. Employees that are not nationals of a country […]
