Argentina (AR)
Argentina is South America's second-largest country — a land of European-influenced culture, world-class wine, legendary beef, breathtaking landscapes from Patagonia to the Andes, and one of the most vibrant expat communities in Latin America.
Employment Rights
Sick leave, dismissal protection and red flags in Argentina.
Argentina has some of the strongest labour protections in Latin America, governed by the Ley de Contrato de Trabajo (LCT — Law 20.744). Argentine labour law strongly favours employees: courts interpret ambiguous provisions in favour of the worker, and unlawful dismissal without cause triggers significant indemnification. Unions (sindicatos) and collective bargaining agreements (convenios colectivos) are central — most industries have sector-specific agreements that set minimum wages, categories, and conditions above the legal floor. All expat employees, regardless of nationality, are fully protected by Argentine labour law from day one of employment.
Sick leave
Rules: Notify your employer before the start of your shift (or as soon as possible). Illness must be proven by a medical certificate (certificado médico) from a licensed physician. The employer can send a company doctor (médico controlador de la empresa) to verify your illness — cooperate with this. You must remain at the address you provide to the employer during sick leave hours.
Doctor note: The LCT requires medical certification for sick leave. In practice, certification from day 1 is normal. Employers may specify their own procedures in the employment contract or collective agreement — verify your contract.
Employer pay: Full salary (remuneración) during sick leave for: 3 months if employed less than 5 years; 6 months if employed 5+ years. Double these periods (6 months and 12 months respectively) if you have dependants. During this period, the employer cannot dismiss you — you have employment stability (estabilidad en el empleo) while sick.
Long-term: After the paid sick leave period ends and you are still unfit to work, the employer must keep you on unpaid reserve for the same duration again (3 or 6 months). If you remain unable to work after all reserve periods, termination triggers indemnisation but with specific calculations. ANSeS disability pension (invalidez) may apply for permanent incapacity.
Dismissal protection
Law: LCT (Ley de Contrato de Trabajo) protects all permanent employees. Dismissal without just cause (despido sin causa) requires payment of: indemnización por antigüedad (1 month salary per year of service, minimum 1 month), preaviso (notice pay: 1 month if employed less than 5 years, 2 months if 5+ years), and integration of the month (indemnización sustitutiva del preaviso if not given notice). Dismissal must be communicated in writing — a telegram (telegrama laboral, free from Correo Argentino) is the standard method and creates a legal timestamp. Dismissal for just cause (justa causa) requires serious misconduct and detailed documentation.
Deadline to sue: 2 years from the date of dismissal to file a labour claim (reclamación laboral) at the Ministerio de Trabajo (SECLO — mandatory conciliation first) or Tribunales del Trabajo. SECLO mandatory conciliation must be initiated within the statute of limitations. Do NOT delay — contact a labour lawyer (abogado laboral) immediately upon receiving a dismissal telegram.
Probation
Período de prueba: 3 months for all indefinite (indeterminado) employment contracts. During probation, either party can terminate without cause and without indemnification, with 15 days notice. Both employer and employee must make social security contributions during probation. Employers cannot use consecutive trial periods to avoid permanent employment protections — only one probation period per employee per employer.
Notice periods
Preaviso obligations under LCT: 15 days during probation. 1 month after probation for employment under 5 years. 2 months for employment of 5+ years. Notice must be given in writing (telegram). If employer dismisses without giving notice, they must pay the notice period as additional indemnification (indemnización sustitutiva del preaviso). Employees giving notice: same periods apply. During notice period, employee is entitled to 2 hours daily of paid time to search for new employment.
Working time
Max hours: Ley 11.544 (Jornada de Trabajo): maximum 8 hours per day and 48 hours per week for most workers. Some industries have specific regulations (banking: 7 hours/day; commerce: varies). Overtime (horas extras) beyond 8 hours/day or 48 hours/week must be compensated at 150% of the normal rate on regular days and 200% on Sundays and public holidays.
Min rest: Minimum 12 hours rest between work days. Weekly rest: mandatory day of rest, typically Sunday (descanso hebdomadario). Breaks: for shifts over 6 hours, at least 30 minutes rest (may vary by collective agreement). Night work (between 21:00 and 06:00) has restrictions and sometimes premium pay under collective agreements.
Overtime: Horas extras must be paid: 50% premium (150% of hourly rate) on regular workdays. 100% premium (200% of hourly rate) on Sundays, public holidays (feriados), and mandatory rest days. Overtime must appear on the recibo de sueldo (payslip). Maximum overtime: 3 hours/day, 30 hours/month, 200 hours/year (some collective agreements are more restrictive). Overtime records must be kept by the employer.
Vacation
Licencia anual ordinaria (annual leave): 14 calendar days with less than 5 years' service; 21 calendar days with 5–10 years' service; 28 calendar days with 10–20 years' service; 35 calendar days with 20+ years' service. Leave must be taken between October and April (summer in Argentina) and must be notified by the employer at least 45 days in advance. Unused vacation cannot generally be accumulated or paid out — it must be taken in the same employment year (or the following). Aguinaldo (SAC — sueldo anual complementario / 13th month): 50% of the best monthly salary in the first half of the year paid in June; 50% of best in second half paid in December. This is mandatory for all employees.
Anti-discrimination
Law 23.592 (Ley Antidiscriminatoria) prohibits discrimination based on race, ethnicity, religion, national origin, political opinion, disability, sexual orientation, and other characteristics. Labour Law 20.744 provides additional protection — discriminatory dismissal can be declared null and void (nulidad del despido discriminatorio) and the employee reinstated or receive triple indemnification. Pregnant employees have strong protection: from pregnancy until 7.5 months post-birth, the employer cannot dismiss without paying double indemnification. Discrimination complaints can be filed with the INADI (Instituto Nacional contra la Discriminación, la Xenofobia y el Racismo) or the Ministerio de Trabajo.
Contract red flags
- !Contract not in writing (contrato verbal) — demand a written contract. Argentine law presumes an indefinite employment relationship from any employment, but a written contract protects you explicitly.
- !Salary below the Salario Mínimo Vital y Móvil (SMVM) — ARS 363,000/month (ARS 1,815/hour) as of May 2026, with further increases to ARS 376,600 in August 2026 per Resolution 9/2025; or below the minimum for your professional category under the applicable convenio colectivo (which is typically much higher than the SMVM) — unlawful.
- !Classification as "independent contractor" (monotributista) when the work is effectively an employment relationship (relación de dependencia) — employers avoid paying social security this way. Courts look at the real nature of the relationship: if you work fixed hours, are controlled by the employer, and use their equipment, you are an employee regardless of how the contract is labelled.
- !Salary paid partly "en negro" (off the record in cash) and partly on the recibo de sueldo — this is common but means your indemnification on dismissal is calculated only on the formal salary. Try to have all salary on your recibo.
- !No mention of the collective bargaining agreement (convenio colectivo) applicable to your role — every employee in Argentina is covered by a convenio; knowing which one reveals your minimum salary and conditions.
- !Waiver of any labour rights — Argentine labour law is a minimum floor and cannot be waived by contract. Any clause purporting to waive statutory rights (like indemnisation) is void.
- !Probation period longer than 3 months — void under the LCT. The statutory maximum is 3 months.
- !No recognition of overtime or insisting overtime is "included in salary" without specific legal basis — all overtime must be paid at the statutory premium rates.
- !Missing CUIL (Clave Única de Identificación Laboral) enrolment and ANSES/AFIP registration — employer must register you with ANSES from your first day; request your CUIL receipt and verify your contributions at mi.anses.gob.ar.
- !Work permit not obtained before starting employment — non-MERCOSUR foreigners require a Certificado de Habitación Laboral from Migraciones; starting without it creates immigration and employment risk.
- !No telegrama laboral used for formal communications — Argentine law accepts telegrams as legally binding documents; keep copies of all sent and received.
- !Employment contract governed by a foreign country's law only — Argentine labour courts will apply LCT regardless if you work in Argentina; foreign law clauses cannot strip Argentine statutory rights.
Employment Rights
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