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Written Agreements

In Argentina, the law does not require written employment contracts for indefinite, full-time employment relationships, though there are some exceptions. In the case of casual employment, as well as part-time and fixed-term contracts, a written agreement is required.

While the labor law does not provide any guidance on non-compete clause in employment contracts, employers can include such clauses in the contracts. The courts in Argentina consider such clauses to be valid, provided they do not restrict employee's freedom to work.

Oral Agreements

In Argentina, indefinite employment contracts can be created by verbal agreement between the employee and employer; the employer need only register the employee with the labor, social security, and taxing authorities.

Implied Agreements

The Civil Code of Argentina acknowledges implied contracts when they are created through a party's voluntary and intentional acts. If the conduct of one or more parties creates, modifies, or extinguishes the rights of themselves or another, the law will treat this as evidence that a contract exists. The existence of an employment contract will be presumed based on the conduct of the parties.

The standard working hours in Argentina are limited to 8 hours per day or 48 hours per week. A workday includes periods of inactivity during the workday as per the contract. There must be a gap of 12 hours between the close of one working day and the beginning of the next. The law prohibits occupying employees after 1:00 PM on Saturday through the following day. Night work is carried out between 9:00 PM and 6:00 AM the next day and cannot last more than 7 hours. In the case of hazardous jobs, the duration of work is limited to 6 hours per day or 36 hours per week.

Teleworking

Working hours for teleworking employees are determined in their employment contract. They have the right not to be contacted and to disconnect from digital devices and/or information and communication technologies, outside of their working day and during leave periods. Employers must not require the person who works to perform tasks, nor send communications, by any means, outside the working day.

• New Year’s Day - January 1
• Carnival - February 8 and 9
• Malvinas War Veterans Day - April 2
• Jueves Santo - Thursday before Easter; date subject to change every year
• Viernes Santo - Good Friday; date subject to change every year
• Labor Day - May 1
• Revolution Day - May 25
• General Martín Miguel de Güemes Memorial Day - June 17
• General Belgrano Memorial Day (Flag Day) - June 20
• Independence Day - July 9
• San Martín Memorial Day - August 15 (always celebrated on a Monday, even if falls on a different weekday)
• Columbus Day - October 10 (always celebrated on a Monday, even if falls on a different weekday)
• National Sovereignty Day - November 20 (always celebrated on a Monday, even if falls on a different weekday)
• Day of the Immaculate Conception - December 8
• Christmas Day - December 25

In Argentina, employment contracts for an indefinite period have a trial period of 6 months. This period may be longer depending on an applicable collective convention but in no cases can be longer than 8 months for employers with 6 to 100 employees or 1 year for employers with 5 employees or less. Employees who are employed in private homes have a probationary period of 30 days or 15 days depending on whether or not they have retirement. Employers are required to give a notice of 15 days for terminating a contract during probation.

Notice Period

In Argentina, employment contracts can be dissolved:

• By the will of both parties to the contract
• With prior notice in writing

The notice period depends on the length of service, as follows:

• By the employee: 15 days
• By the employer:
  • 15 days for employment under 3 months
  • 1 month for employment between 3 months and 5 years
  • 2 months for employment exceeding 5 years

The notice must be given in writing and clearly state the grounds for the termination of the contract. There are provisions for waiving off notice by paying remuneration instead.

Severance Benefits

In Argentina, the Employment Contract Law provides for severance pay equal to 1 month's basic pay for each completed year of service (and any fraction greater than 3 months) in the event of dismissal without just cause (unfair dismissal). If an employer dismisses an employee due to a reason not attributable to a worker, i.e., economic reasons like force majeure, lack or reduction of work, the employee is entitled to half-monthly salary for each year of service. The employer must pay the employee's salary in full for the month when the termination occurs.

Severance pay for fixed-term employees is usually calculated as the remaining salary that would have been paid had the employees finished the project or period for which they were hired. Furthermore, fixed-term employees with more than a year of service are entitled to 50% of the severance pay that a permanent employee would receive when dismissed if the term of employment for which the fixed-term employees were hired has been completed.

If an employer fails to pay severance benefits to an employee and the employee initiates legal proceedings, then the employer will owe the employee 150% of the severance payment due. If the employer failed to pay because of a reasonable cause, the judge has the discretion to lower the increased amount.

Minimum Wage

In Argentina, subject to specific regulations, minimum wages are set differently for workers in the public sector, the agriculture sector, and domestic workers.

The minimum wage is ARS 292,446 (Argentinian pesos) per month from February 1, 2025. And finally, from March 1, 2025, the minimum wage will be ARS 296,832 for all monthly workers and ARS 1,484 per hour for daily workers.

Overtime, Holiday & Vacation Pay

Employers must pay an overtime rate of 150% of the regular wage on weekdays; and double the regular wage on Saturdays after 1:00 PM, on Sundays, and public holidays.

Employees are entitled to receive their standard wages during their annual leave, to be paid before starting the leave.

Visas

• Tourist visa - Granted for tourism purpose, allows stay for up to 90 days.
• Business visa - Granted for business activities, allows stay for up to 60 days. Applicants are required to submit proof of accommodation.
• Visa to attend congresses and fairs, or to carry out technical, scientific, artistic or professional activities - Authorized period of stay for this type of visa is up to 30 days. Applicants must submit proof of activity.
• Student visa - Granted for studying in Argentina. There are 2 types of student visas: Student visa +365 for stays of more than 1 year and Student visa -365 for stays of less than 1 year. Applicants must submit proof of admission and sufficient economic means to pay for stay and studies.
• Family reunification visa - Granted to the spouse, child or parent of a native Argentine citizen, naturalized or by choice or a foreigner with permanent residence.
• Visa for religious persons of non-catholic worship - Granted for temporary residence.
• Visa for religious persons of catholic worship - Granted for temporary residence.
• Syria program - To facilitate the integration process of its beneficiaries with different measures; also holding meetings with interested communities and organized groups linked to evangelical and Catholic churches willing to collaborate with the situation of the Syrians in Argentina.
• Nationality visa - Available to nationals of MERCOSUR member countries (Argentina, Brazil, Paraguay, Uruguay) or associated states (Bolivia, Chile, Colombia, Ecuador, Guyana, Peru, Suriname) and allows the temporary residence of the foreigner in the Argentine Republic for a period of 2 years.
• Work visa - Granted for employment in Argentina. Applicants must submit proof of residence, criminal record, signed employment contract.
• Visa for expatriate staff (transferred personnel) - Granted for employment in Argentina. Applicants must submit proof of residence, criminal record, proof issued by the receiving subsidiary or entity in the Argentine Republic, stating the RENURE number of said entity, the reason for the transfer to Argentina, the length of stay, the monthly remuneration to be received and the person to be paid.

Work Permits

Applicants must submit the required documents at the Consular Office. Consular authorities may require supplementary or additional documents if necessary. Required documents and procedures include a valid passport, photographs, an application form, proof of address, employment contract, certificate of good conduct from the current country of residence, as well as consular fees and a consular interview. Temporary residence permit is granted for 90 days.