Work protection is a constitutional mandate enshrined by Section No. 14 bis of the National Constitution (the NC). The NC states that labor will be protected by law, ensuring workers dignified and equitable working conditions; limited working hours; paid rest and vacations; fair remuneration; minimum vital and adjustable salary; equal pay for equal work; participation in the profits of companies, with control of production and collaboration in the management; protection against arbitrary dismissal; stability of the civil servant; free and democratic labor union organizations recognized by the mere registration in a special record.

Although Argentina is organized as a federal state, under Section No. 75, Sub-Section 12, of the NC, the National Congress is empowered to and has so enacted federal labor and social security legislation.

Treaties entered into with other nations and international organizations covering employment issues have a higher hierarchy than laws (Section 75, subsection 22 of the NC), e.g., all the Conventions of the International Labor Organization (the ILO) ratified by Argentina.

The employment contract, in general, is governed by the Contract of Employment Law No. 20,744, as amended (the CEL); working hours by Law No. 11,544, as amended; labor-related illnesses and accidents by Law No. 24,557, as amended, etcetera.

There are also specific laws regulating certain industries or activities, such as the construction industry (Law No. 22,250, as amended), traveling sales employees (Law No. 14,546, as amended), and agricultural workers (Law No. 26,727).

Collective bargaining agreements are also very significative and regulate labor conditions for different activities, regions, and companies.

Public policy permeates the employment relationship and is expressly recognized in several provisions of the CEL (Sections No. 7, 12, and 13), notwithstanding its practical implementation in the rest of the labor legislation.

According to labor public policy, collective bargaining agreements may not stipulate fewer rights than those granted by labor laws. The same principle

applies to the individual contract of employment in relation to collective bargaining agreements and labor laws. Therefore workers´ rights may not be

waived by any means.

Concerning international labor law, Section No. 3 of the CEL establishes that inasmuch as the contract of employment is performed in the Argentine

territory, the CEL will govern the validity, rights, and obligations of the parties, regardless of where the agreement has been concluded.

Please, know more about employment laws in Argentina browsing the following list:

Hiring employees

a) Incorporating a company

b) Recruiting

i) Background checks

ii) Pre-employment medical examinations

iii) Non-discrimination          

c) Execution of the employment agreement

i) Formalities

ii) Types of labor contracts

(1) Indefinite-term contracts    

(2) Fixed-term contracts

(3) Temporary contracts           

(4) Seasonal contracts   

(5) Part-time contracts  

(6) Telework contracts  

(7) Apprenticeship contract     

d) Unregistered or deficiently registered labor relationships

Salaries and working conditions

a) Salaries and other benefits

b) Social security contributions

c) Working hours

d) Paid leaves

i) Holidays and other leaves 21

ii) Sickness or accidents non-related to work 23

e) Changes in working conditions

g) Furloughs

h) Harassment in the workplace

Terminating employment

a) Termination without cause

b) Termination for gross misconduct

c) Other grounds for termination

i) Resignation

ii) Death of the employer or the employee

iii) Retirement  

iv) Lack of work and force majeure

v) Mutual agreement

vi) Employer´s bankruptcy

d) Constructive dismissals

Post-employment restrictive covenants

Transfer of business. Assignment of employees

Independent contractors

Unions

a) Union rights

b) Union delegates

i) Number

ii) Powers

iii) Special protection  

Foreign workers

a) Migration procedures

i) Mercosur and associated states´ citizens

ii) Non-Mercosur´ s citizens

b) Foreigners working illegally

c) Foreign workers´ status