Argentina: Employee rights

Original and updating authors: Daniel Orlansky and Felipe Graham, Baker McKenzie

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Summary

• An employee's normal working time must not generally exceed eight hours a day or 48 hours a week, and statutory rules govern matters such as overtime, working time flexibility and night work. (See Hours of work)
• Employees must be granted a daily rest period of at least 12 hours and a weekly rest period of 35 hours. (See Rest breaks and rest periods)
• Employees must not generally work during the period from 1pm on Saturday to midnight on Sunday. (See Sunday work)
• Employees have a minimum statutory entitlement of 14 to 35 calendar days of paid annual leave (vacation leave), depending on length of service. (See Holiday and holiday pay)
• Female employees must take three months' maternity leave, during which they receive a social security benefit equal to their full pay, and may choose to take additional unpaid leave of three to six months after the end of maternity leave. (See Maternity and pregnancy rights)
• Employees have no statutory entitlement to parental leave. (See Parental leave)
• Male employees are entitled to two calendar days of paid leave in the event of the birth of their child. (See Paternity leave)
• On termination of maternity leave, female employees who are the mother of a sick child under the age of 18 may take unpaid leave for three to six months. (See Carer's leave)
• Employees are entitled to periods of paid "special leave" for a number of reasons, including their marriage and the death of close relatives. (See Other leave)
• Part-time employees must be paid pro rata to equivalent full-time employees. (See Part-time workers)
• Fixed-term contracts are permitted, if they can be reasonably justified by the nature of the tasks or activity concerned, and have a maximum duration of five years, including any renewals. (See Fixed-term workers)
• Temporary agency work is permitted, but only in certain specified circumstances and subject to various conditions. (See Temporary agency workers)
• Remote workers have minimum legal contractual requirements established through legislation, and specific regulations are established through collective bargaining for each of their activities (See Remote workers)
• In the event of a business transfer, the employment contracts of the employees concerned are transferred automatically from the old owner to the new owner, and the employees maintain their acquired length of service and existing pay and conditions. (See Transfers of undertakings)
• In the event of their employer's insolvency, employees' claims for unpaid wages and related payments receive priority over the claims of all other creditors of the employer. (See Insolvency of employer)
• An employer is entitled to apply disciplinary measures proportionate to the employee's misconduct or omissions, including warnings, suspension and dismissal. (See Disciplinary procedures)
• Data protection legislation applies in the employment context and, as a general rule, an employer may collect and process personal data relating to an employee or job applicant only with their express consent. (See Data and privacy protection)