WORKING ABROAD / DEC. 27, 2012
version 25, draft 25

Workers Rights in Argentina

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According to the Labor Contract Law in Argentina, there are certain rights and obligations that must be followed by employers as well as employees in the country. The following is a brief outline of some of the aspects that this law incorporates:

 

An individual who begins employment voluntary in return for compensation from the person of company they are employed by constitutes an employment contract according to the Labor Contract Law. It is therefore important that employees are aware of their rights and obligations with regards to their employment contract. All the responsibilities and tasks of the employee, as well their salary and obligations are outlined in their employment contract.

 

Each working individual is required to work a minimum of 8 hours a day, with the maximum hours being 48 hours a week.

 

All employees are entitled to receive an annual bonus in June as well as December every year. This is according to the Law No. 23,041 and the Regulatory Decree No. 1.078/84. The bonus is based on 50% of the highest month’s salary of the employees and must be paid annually in two installments – end of June and end of December.

 

The annual leave of each employee is dependent on the number of years they have been part of the labor force in Argentina. The primary purpose of annual leave is to ensure that all individuals maintain a good physical and psychological state. According to Argentinean Law, the annual leave is as follows:

  • Less than 5 years: 14 days

  • Between 5-10 years: 21 consecutive days

  • Between 10-20 days: 28 days

  • More than 20 years: 35 days

 

Female workers are not allowed to work for the 45 days leading up to the birth of their child, and up to 45 days after giving birth – totally to 90 days leave. In the event that the mother opts for fewer days before birth, the added leave days are included to after birth leave; however the mother cannot work for 30 days before the birth of the baby.

 

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