Employment Laws in Argentina: A Comprehensive Guide for 2026

What are the rules for contractual agreements in Argentina?

The contract employment law in Argentina does not mandate written employment contracts for full-term or permanent employees, except in some cases.

Argentine law does not impose a general written-contract requirement specifically for part-time employment, although applicable legislation or a collective bargaining agreement may require a particular form. Fixed-term contracts must expressly state their duration in writing, while eventual employment contracts must also be documented in writing under the applicable statutory requirements.

In Argentina, an employment contract is presumed to be for an indefinite term unless its duration is expressly established in writing and the nature of the work or activity reasonably justifies a fixed-term arrangement. The employer bears the burden of proving that the contract is for a specified term.  

Employers must register their workers with Argentina’s Agencia de Recaudación y Control Aduanero, or ARCA, in accordance with the regulations issued by that authority. Following the March 2026 amendment to Article 52 of the Labor Contract Law, the federal law no longer requires employers to maintain the former specially stamped and numbered employee book.

Employers must register workers with ARCA and maintain employment records in accordance with ARCA’s applicable regulations. The former statutory list of information to be entered in a specially stamped employee book, including marital status and remuneration details, was removed when Article 52 of the Labor Contract Law was replaced in March 2026.

Types of employment contracts

In Argentina, various employment contracts exist to accommodate different work arrangements and employment needs.

Fixed-term employment contracts

• Can only last until the expiration of the agreed term.
• May not be concluded for more than five years.

Seasonal employment contracts

A seasonal employment contract exists when work arising from the employer’s normal business or operations is performed only during specified times of the year and is expected to recur during each cycle because of the nature of the activity.

These activities are subject to repetition in each cycle due to the nature of the business.

Temporary employment contracts

Established when a worker’s activity is performed under the employer’s direction to achieve specific results identified by the employer.

Characterized by its association with extraordinary services or demands, often during transitional periods with the company, operation, or establishment.

Group or team employment contracts

An employer enters into an agreement with a collective of workers, represented by a delegate, to provide services inherent to the employer’s business activity.

Under a group or team employment contract, the employer generally has the same statutory duties and obligations toward each individual group member, subject to limitations arising from the nature of the work and the composition of the group.

Teleworking contracts

The execution of tasks, performance of work, or provision of services (Articles 21 and 22) occurs either entirely or partially at the worker’s home or at locations other than the employer’s premises.

Relies on information and communication technologies to facilitate remote work.

What are the working hours and overtime rules in Argentina?

Working hours and overtime in Argentina are regulated by Law No. 11,544 on Working Day. Employers should review the applicable working-time requirements to help ensure that working schedules, overtime, and rest arrangements comply with Argentina’s Law No. 11,544 on Working Time and its implementing regulations.

Regular working hours

For workers covered by Argentina’s general working-time regime, working time may not exceed eight hours per day or 48 hours per week. However, statutory exclusions, exceptions, reduced working hours, collective bargaining agreements, and industry-specific rules may apply, as provided under Law No. 11,544 on Working Time.

Overtime regulations and compensation

According to the labor law in Argentina, overtime hours cannot be more than three hours per day, 30 hours per month, and 200 hours per year.

When overtime performed on an ordinary working day is paid, the employer must apply a 50% premium calculated on the employee’s habitual wage, in accordance with Article 201 of Argentina’s Labor Contract Law. Employers and employees may also voluntarily establish a written overtime-compensation arrangement, such as a bank of hours or compensatory rest, under Article 197 bis of the Labor Contract Law.

When such overtime is paid, work performed on public holidays, Sundays, or Saturdays after 1:00 p.m. attracts a 100% premium calculated on the employee’s habitual wage, in accordance with Article 201 of Argentina’s Labor Contract Law.

What are the minimum wage and compensation rules in Argentina?

Employers should review Argentina’s minimum-wage and compensation requirements to help ensure that workers receive at least the remuneration required under applicable law and collective bargaining agreements, including the protections established in Articles 116–119 of Argentina’s Labor Contract Law.

The minimum wage rate in Argentina

From July 1 through July 31, 2026, Argentina’s minimum, vital, and mobile wage is ARS 372,400 per month for covered monthly paid workers completing the full legal working day and ARS 1,862 per hour for daily or hourly paid workers; from August 1, 2026, these amounts increase to ARS 376,600 per month and ARS 1,883 per hour under Resolution No. 9/2025 published in Argentina’s Official Gazette.

Argentina’s minimum, vital, and mobile wage is determined periodically by the National Council for Employment, Productivity and the Minimum, Vital and Mobile Wage, as established by Articles 135 and 139 of Employment Law No. 24,013.

Employees in Argentina are also entitled to a supplemental annual salary (bonus) paid in two installments: the first on June 30 and the second on December 18 of each year.

Factors affecting wage determination

When setting the minimum, vital, and mobile wage, the National Council considers factors in accordance with Article 139 of Employment Law No. 24,013. Such as:

• Socioeconomic conditions and available economic data.
• The statutory objectives of the minimum wage.
• Whether the wage level remains reasonable in relation to current socioeconomic circumstances.

Under Article 116 of the Labor Contract Law, the minimum wage is intended to help a worker without family dependents cover essential needs, including food, housing, education, clothing, healthcare, transportation, recreation, vacation, and social security.

What are the employee benefits and social security terms in Argentina?

Argentina boasts a comprehensive social security system covering various aspects, including unemployment benefits, family allowances, and pensions. The National Social Security Administration (ANSES) administers many of Argentina’s principal social security benefits, including pensions, family allowances, and unemployment benefits, while other government bodies also have responsibilities within the broader social security system.

Statutory benefits

• Unemployment insurance: Benefits registered salaried employees who have been terminated under specific circumstances, such as being dismissed without just cause or losing their job due to their employer’s bankruptcy.
  Some benefits included are basic monetary benefits, payment of family allowances, and medical care coverage.
• Pension benefits: People aged 65 or older may qualify for Argentina’s Universal Pension for Older Adults (PUAM) if they meet the applicable eligibility requirements, including not receiving or being entitled to another retirement or pension benefit or unemployment insurance.
• Dependents’/Survivors’ Benefits: A survivor’s pension may provide financial support to eligible spouses, qualifying cohabiting partners, and eligible children of a deceased retiree.
  Eligible beneficiaries may include a spouse; a qualifying cohabiting partner who generally proves five years of cohabitation before the death, reduced to two years when the couple has children recognized by both partners; an unmarried child under 18 who does not receive another benefit; and, without an age limit, a child who is unable to work and was dependent on the deceased.
• Invalidity benefits: Aimed at providing financial support to individuals unable to work due to severe disabilities.
  For retirement due to invalidity, an applicant must generally be assessed by a medical board as having a work incapacity of 66% or more and must satisfy the other applicable eligibility requirements.

Other social security benefits and family allowances

These benefits are subject to their respective eligibility requirements and are not general employment perks available to every employee.

• Non-contributory old-age pension
• Pension for a mother of seven or more children
• Non-contributory pension for people with HIV and/or Hepatitis B/C
• Honorary pension for veterans of the South Atlantic War
• Prenatal allowance
• Maternity allowance
• Family allowance per child or child with disabilities
• Family allowance for marriage
• Family allowance for annual school aid
• Family allowance for birth or adoption

Social security contributions and requirements

Employer social security and health contributions are generally calculated on remuneration subject to contributions, although the applicable contribution base may be affected by statutory definitions, deductions, exemptions, and special regimes.

Under the general regime, employer social security contribution rates generally depend on the employer’s principal activity and annual sales:

• 20.4% for private-sector employers primarily engaged in services or commerce whose annual sales exceed the applicable Mediana Tramo 2 threshold.
• 18% for other private-sector employers.

When the standard 6% employer health-insurance contribution is added, the combined rates generally increase to:

• 26.4% for employers subject to the 20.4% rate.
• 24% for employers subject to the 18% rate.

From April 1, 2026, the applicable Mediana Tramo 2 annual-sales thresholds are ARS 26,655,990,000 for services and ARS 84,070,280,000 for commerce under Argentina’s official MiPyME classification rules. Other employer costs and special regimes may also apply.

The collective social security tax rate for employees is 17%, comprising contributions of 11% towards pension funds, 3% towards healthcare, and 3% towards social services.

What are the vacation and paid time off rules in Argentina?

Below are some key regulations related to annual vacation and statutory leave in Argentina under the Labor Contract Law.

Annual leave entitlement

The length of the annual leave entitlement depends on the duration of service with the employer.

Public holidays and special leaves

The public holidays in Argentina include

• New Year’s Day
• Good Friday
• Labor Day
• May Revolution Day
• Day of the Veterans and Fallen of the Malvinas War
• Passing into Immortality of General Don Manuel Belgrano
• Independence Day
• Passing into Immortality of General Don José de San Martín
• Day of Respect for Cultural Diversity
• Christmas Day

Argentina also observes other national holidays, so the current official calendar should be consulted.

Sick leave

In Argentina, employees covered by the general Labor Contract Law may be entitled to paid leave for a non-occupational accident or illness that prevents them from working, with the duration depending on both their length of service and whether they have family dependents, under Article 208 of the Labor Contract Law.

After the applicable paid sick-leave period expires, an employee who remains unable to return to work is generally entitled to a one-year job-protection period during which the employer must preserve the employment relationship; this should not be described as a general additional 12 months of statutory unpaid leave.

Maternity leave

Under Argentina’s general Labor Contract Law, covered pregnant employees are entitled to a total statutory maternity leave period of 90 days and, subject to applicable social security requirements, a maternity allowance corresponding to the statutory leave period.

The standard maternity leave period is 45 days before childbirth and 45 days after childbirth; however, the pregnant employee may choose to reduce the prenatal leave period to no fewer than 10 days, with the remaining days added to the postnatal leave period, under Article 177 of Argentina’s Labor Contract Law.

Birth of a child

Under the employment laws in Argentina, employees are granted two days of leave for the birth of their child.

Leave for marriage

Employees are entitled to ten days of marriage leave.

Death of a spouse

Employees get three days of leave in the event of the death of a spouse/child/parents.

Death of a brother

According to the labor law in Argentina, employees are entitled to one day of leave in the event of the death of a brother.

Study leave

Two days of leave per secondary or university education exam and up to ten days per calendar year.

What are the termination and severance terms in Argentina?

Under Argentina’s general Labor Contract Law, termination by either party is generally subject to the applicable notice requirements; however, a party that fails to provide sufficient notice may be required to pay compensation in lieu of notice.

Where the required notice is omitted or insufficient, the party responsible may owe compensation in lieu of notice equal to the remuneration corresponding to the applicable notice period. In an employer-initiated dismissal without just cause after the probationary period, statutory severance may also be payable.

Grounds for termination

Some of the common grounds for termination of employment in Argentina are

• Resignation of the employee
• Mutual agreement of both parties
• Abandonment of work
• Force majeure or lack or reduction of work
• Death of the employee
• Death of the employer (where the employer’s personal or legal characteristics, professional activity, or other circumstances were decisive to the relationship and the employment relationship cannot continue without them)
• Expiration of the term
• Employee retirement (where an eligible employee aged 70 or older is required to initiate retirement procedures and the statutory conditions for ending the employment relationship are met)
• Disability or inability of the employee (may occur in cases involving supervening physical or mental incapacity to perform the employee’s duties, or loss of a legally required professional authorization, subject to the conditions and compensation rules established in Articles 212 and 254 of Argentina’s Labor Contract Law)

Notice period and severance pay

If an employee terminates the contract, the notice period is 15 days.

When initiated by the employer, the length of the notice period depends on the duration of service.

Where dismissal is based on force majeure or a lack or reduction of work that is not attributable to the employer and is duly substantiated, the employee is entitled to compensation equal to 50% of the severance calculated under Article 245 of Argentina’s Labor Contract Law.

For an employer-initiated dismissal without just cause after the probationary period, the employee is generally entitled to statutory severance equal to one month of the applicable calculation salary for each year of service or fraction exceeding three months, subject to the calculation rules and limits in Article 245 of Argentina’s Labor Contract Law. An applicable collective bargaining agreement may replace this regime with a termination fund or system.

Termination in Argentina can involve notice-period calculations, compensation in lieu of notice, and statutory severance that varies by the reason for dismissal and length of service.

Skuad Shield helps teams address these employment risks with structured support across the employee lifecycle.

• Supports employment contract generation aligned with local labor laws across supported markets
• Helps flag employment and worker classification risks before they become compliance issues
• Facilitates statutory contribution workflows covering applicable social insurance, pension, and severance obligations
• Assists with termination and offboarding, including notice and severance calculations as required locally
• Helps maintain employment records and documentation needed throughout the employee lifecycle

Learn how Skuad Shield helps support termination and offboarding workflows when employing teams in Argentina.

What are the discrimination and equal opportunity rules in Argentina?

Employers in Argentina must comply with applicable anti-discrimination and equal-treatment requirements, including Article 17 of Argentina’s Labor Contract Law and the protections established under Law No. 23,592.

Argentina previously had the National Institute Against Discrimination, Xenophobia, and Racism (INADI), but the institute was dissolved in August 2024 by Decree No. 696/2024.

Prohibitions against workplace discrimination

Article 17 of Argentina’s Labor Contract Law prohibits discrimination among workers on the grounds of sex, race, nationality, religion, political or trade union grounds, or age.

What are the health and safety regulations in Argentina?

Argentina’s core national occupational health and safety framework includes Law No. 19,587 and Law No. 24,557, together with their implementing and complementary regulations.

• Law No. 24,557, enacted in 1995, establishes Argentina’s occupational risk system. Employers within its scope must generally obtain coverage through an Occupational Risk Insurer (ART) unless they meet the legal requirements to self-insure.
• Law No. 19587 (enacted in 1972) establishes guidelines and standards for ensuring workplace safety and health.

Stay compliant when hiring in Argentina with Skuad

Hiring in Argentina can involve complex operational requirements, from selecting the appropriate employment contract and managing payroll to handling statutory benefits, social security contributions, working-time rules, and termination obligations. Keeping these processes aligned with current labor and employment requirements can require significant local expertise and ongoing administrative oversight.

Skuad can help businesses hire and manage employees in Argentina without setting up a local entity. Through its Employer of Record solution, Skuad supports employment contracts, payroll administration, statutory benefits, required contributions, and other employment-related processes, helping businesses reduce the operational burden of managing a distributed workforce.

Book a demo to learn how Skuad can support your hiring and workforce management needs in Argentina.

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FAQs

1. What is the probation period under Argentina employment law?

Under Argentina’s Labor Contract Law, indefinite-term employment generally begins with a six-month probation period. Collective bargaining agreements may extend it to eight months for employers with 6–100 workers or one year for employers with up to five workers. The same employee cannot be placed on probation twice.

2. What are the rules for hiring part-time employees in Argentina?

Part-time employment in Argentina covers schedules below the legal or collectively agreed full-time working day. Pay must be proportionate to that of a comparable full-time worker, while social security contributions generally follow remuneration rules. Employees may voluntarily work supplementary hours, subject to statutory and collective bargaining limits.

3. What are the employer registration requirements in Argentina?

Employers in Argentina must register each employment relationship with ARCA, regardless of the contract type. Before doing so, the employer needs a CUIT and employer registration, while the worker needs a CUIL. New employees generally must be registered before they actually begin providing services.

4. What information must employers include in payroll records in Argentina?

Argentina requires employers to issue wage receipts containing prescribed employment and payroll information. Under Article 140 of the Labor Contract Law, required details include the employer’s CUIT, the worker’s CUIL, employment start date, seniority, job category, remuneration components, deductions, and other legally required payment information.

5. What rules apply to remote employees in Argentina?

Employers using telework in Argentina generally must register the arrangement under the national telework regime. Employees also have statutory protections including a right to disconnect outside working hours and potential compensation for additional connectivity or service costs, with specific reimbursement terms commonly shaped by collective bargaining arrangements.

6. When must employers pay salaries in Argentina?

Salary payment deadlines in Argentina depend on the payroll cycle. Under the Labor Contract Law, monthly or biweekly remuneration generally must be paid within four business days after the relevant pay period ends, while weekly wages must generally be paid within three business days after that period closes.