Articles

Author: Nicolás Grandi In the case “T, J v. PEN and others s/ Amparos y Sumarísimos”, Chamber No. 3 of the Federal Court of Social Security had granted a maternity leave to an employee who was not pregnant herself, but who was carrying out the conception of her baby through a surrogate mother, in a […]

Author: Nicolás Grandi On 30 June 2022, the last phase of the gradual reduction of the double severance compensation for dismissal without cause will come to an end. Executive Order No. 886/2021, published in the Official Gazette on 24 December 2021, which provided for the extension of the public emergency in occupational matters until 30 […]

Author: Nicolás Grandi On 11 May 2022, Disposition No. 758/2022 of the National Direction of Migration was published in the Official Gazette, which stated the creation of a transitory residence for the so-called “digital nomads”. The purpose of this residence is to attract those foreign nationals from countries that do not require a tourist visa […]

Author: Nicolás Grandi On 23 March 2022, the Official Gazette of Argentina published Decree No. 144/2022, which regulated Section 179 of the Employment Contract Law, regarding childcare services to be provided by companies. Among its provisions, the Decree sets forth that those establishments with 100 or more employees must offer on-site childcare centres for children […]

On 24 December 2021, Executive Order No. 886/2021 (hereinafter, “the Executive Order”) was published in the Official Gazette of the Argentine Republic, which, among its other provisions, established the gradual reduction of the double severance compensation stated at the end of year 2019. The Executive Order provides for the gradual reduction of the double severance […]

On 25 November 2021, the City of Buenos Aires (capital of Argentina) approved a law that prohibits employers from requiring candidates to provide information related to age, race, ethnicity, religion, nationality, ideology, political opinion, view of trade-union, sex, gender, marital status, economical position, social condition, physical characteristics, disabilities, residence, family responsibilities or criminal records, and […]

On 21 October 2021, in re “Etcheverry, Juan Bautista y otros c/ EN s/ amparo ley 16.986”, the Argentine Supreme Court ordered the National Government to regulate the nursery and day care center benefit to be granted by certain employers to employees, at the employer´s facilities. Section 179 of the Argentine Labour Contract Law No. […]

Labour Court ruled that a Cabify driver was misclassified and should be registered as an employee. On 31 August 2021, in re “Bolzan José Luis vs. Minieri Saint Beat Guillermo Mariano and others”, the First Instance Argentine Labour Court ruled that a driver of Cabify was misclassified as contactor and therefore, was under an unregistered […]

Decree 438/2021 modifies the current regime regarding the free choice of social security companies for employees. The employees who start an employment relationship will have to remain at least one year in the mandatory health insurance coverage corresponding to their branch of working activity, before being able to change to another medical coverage provider. Likewise, […]

The Ministry of Health and the Ministry of Labour, Employment and Social Security issued joint resolution 4/2021, which provides that employers may ask all personnel, who have received at least the first vaccine against COVID-19, to work at the workplace, except for those employees who are included in the at-risk groups. The resolution also sets […]