Written employment contracts are not required for permanent, full-time employment relationships, because labour laws are mandatory, very comprehensive and rule almost every term of the employment relationship. Labour laws only require the employer to register the employee in the company labour books and before the tax authorities, pay social security and taxes in respect to all salaries payable to the employee, and prepare and deliver to the employee the correspondent salary slips on a monthly basis. Employers must also provide for mandatory life insurance as well as working accident insurance for all employees.
For a fixed-term contract: a written employment contract must be executed; it requires an extraordinary need that duly justifies executing a fixed-term contract; there is a maximum term of 5 years; once the agreed term ends, the employer must pay a severance compensation equivalent to 50% of a regular one; and a fixed-term contract has no trial period, among other requirements. A temporary contract can be used when extraordinary and transitory production demands or requirements are foreseeable, although a specific term for the contract termination cannot be foreseen. The contract will also take place when the relationship begins and ends with the specific job execution or with the specific service for which the employee was hired to execute.
Trial periods can be up to 3 months for indefinite term contracts. Termination during the trial period can be decided without paying any compensation or severance payment liability to the employee (except that a prior notice of 15 days is required and the wages due).
Employers must give a prior written notice to the employee in the event of a termination of employment, absent a justified cause. Such prior notice must be given by the employer: (i) 15 days in advance, if the labour contract is under the trial period; (ii) 1 month in advance, if the employee has served for up to 5 years; and (iii) 2 months in advance, if the employee has served for more than 5 years. Employers have the option to not give such prior notice, in which case it must pay severance compensation in lieu of notice, equal to 15 days’ salary, plus one or two monthly salaries, depending on each case. It is customary that employers opt to pay this compensation instead of giving prior notice.
The employee must also give 15 days’ prior notice to the employer in the event that he plans to resign from his job, without detriment to his seniority. Until 31 March 2019, employers in Argentina must follow a procedure before dismissing, without just cause, an employee hired under an indefinite term employment contract. The employer must serve notice of that dismissal upon the Ministry of Production and Labour of Argentina, no less than 10 business days before the dismissal becomes effective.