|GH 2020 Argentina|
In order to be correctly classified as independent contractors, no labour relationship must exist between the contractor and the company, pursuant to Argentine labour laws.
Indeed, Argentine labour law is comprised of public order rules and thus cannot be excluded or waived by any agreement or applicable law or jurisdictional clauses, eventually included in any contractor agreements that might have been executed with the independent contractor. Therefore, Argentine labour law will apply – and labour courts will have jurisdiction – in respect of any eventual labour court claims filed by the independent contractor.
Under Argentine labour law, the rendering of services by an individual to a third party gives rise to the legal presumption of the existence of a labour relationship, unless otherwise proven. This presumption will also apply even if non-labour arrangements are put in place (such as commercial contractor agreements or invoices). In other words, if the independent contractor files a labour court claim in Argentina, the company will have the burden to prove that no labour relationship existed between the parties. To that end, the existence of contractor agreements or invoices would be insufficient.