A. EMPLOYER POLICY REQUIREMENTS
Companies that hire staff in Argentina must register those individuals as employees of a local company incorporated in Argentina. Labor laws require to register the employee in the company labor books and before the tax authorities, pay social security and taxes in respect to all salary payable to the employee, and prepare and deliver to the employee the correspondent salary slips.
Argentina labor laws set rules governing working conditions and working hours, providing for payment of salaries during illnesses and pregnancy, setting surcharges on salaries for overtime, establishing mandatory minimum annual paid vacations, and payment of severance compensation in the event of unfair dismissal (dismissal without justified cause). Employees are entitled to a 13th salary, payable in two semi-annual installments, each installment equal to 50% of the highest monthly salary accrued in the correspondent semester.
Employers must pay hire compulsory life insurance for all employees, as well as insurance that covers employee’s death, illness or disability in connection to work.
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. All employees are covered by a national retirement pension scheme funded through employee withholdings of their gross salary and employer contributions.
Companies operating in regulated sectors may be required to have additional policies in place.
Irrespectively of this, a company may introduce policies that are advisable to mitigate labor exposure in respect to eventual future claims, such as:
- Bonus policy, explaining the terms and conditions for an employee to accrue bonus.
- Use of mobile phone and/or car provided by the company.
- Reimburse of travel and other business expenses policy.
- Use of internet, corporate emails and work computer, in order to clarify no expectancy of privacy.
- Anti-corruption policies.
- Anti-discrimination and anti-harassment policies.
B. EMPLOYEE TRAINING REQUIREMENTS
Depending on the activity, employers are required to provide training on health and safety at work.
C. EMPLOYMENT AGREEMENTS
Written employment contracts are not required for permanent, fulltime employment relationships, since labor laws rule almost every term of the employment relationship. In case of casual or temporary contracts and/or fixed-term contracts, a written employment contract is required by law.