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Employee protections in Argentina

Every country in the world has laws on its books to protect employees from harm. These range from legislation protecting whistleblowers from retaliation and requiring employers to put in place reporting channels, to laws guaranteeing equal rights to temporary agency workers. In this section, we’ll discuss some of the most important laws protecting employees in Argentina.

Whistleblowing in Argentina

There are no specific regulations protecting whistleblowers in Argentina. Private-sector companies must comply with the Corporate Liability Law, which makes private legal entities criminally liable for crimes of corruption. However, this only includes a recommendation to implement a whistleblowing policy, not an obligation.

Criminal laws provide whistleblowers with a reduction of penalties with respect to crimes against the public administration. Companies can also be offered a reduction of penalties if they have a compliance policy that protects whistleblowers from retaliation.

Data privacy in Argentina

Countries around the world have data privacy and protection laws designed to protect individuals and their personal data. Organisations are required to adhere to strict guidelines on storing, processing, and handling data related to their employees and customers. While laws differ from one country to another, most of them are well aligned with global standards such as the General Data Protection Regulation (GDPR) in the EU.

Data privacy in Argentina

The main law protecting data in Argentina is the Ley de Protección de los Datos Personales or LPDP. This law is set up to protect personal data stored in files, registers, data banks, and other technical storage facilities.

As in many other countries, employers in Argentina need a legal basis for processing their employees’ data. Consent can theoretically be a valid legal basis as long as it is prior, informed, and expressly given either in writing or electronically. However, consent granted by employees can be challenged due to the imbalance of power in the employment relationship. Employers can also process employee data without consent as long as this is necessary for the employment relationship.

Equal treatment for temporary agency workers in Argentina

Employers who only need an employee’s service for a limited period sometimes hire additional labour through temporary work agencies. Many countries, including Argentina, have strict rules on when temporary agency workers may be employed and how they must be treated.

Temporary agency work in Argentina

In Argentina, temporary agency work is only permitted in specific circumstances and is subject to certain conditions. For example, an employer may hire a worker through a temporary work agency for the following reasons:

  • Replacing a permanent employee who is temporarily absent.
  • Meeting an exceptional need for additional labour.
  • Organising or working at conferences, exhibitions, or other events.
  • Performing work that is required for safety (if this can’t be done by employees).
  • Performing work outside of the company’s usual scope of activities.

When a worker is hired by a temporary work agency in Argentina, they are employed by the agency on an indefinite-term ‘discontinuous’ contract. This contract remains in place but is suspended without pay when the worker is not on assignment at a client company. Contracts can be suspended for a maximum of 45 successive days and 90 days per one-year period. If a contract is suspended for longer than this, the worker is entitled to terminate the contract with 24 hours’ notice and receive compensation for dismissal without just cause and payment in lieu of notice.

When an agency finds a potential placement for a worker, they must offer it to them in writing. Each one must be within a 30-km radius of the employee’s home. Employees are not obliged to accept certain types of work, such as night work or work under unhealthy conditions unless they have already agreed to perform this type of work for the agency.

Equal treatment for temporary agency workers in Argentina

When a worker is engaged through a temporary work agency in Argentina, the client company must pay them at least the remuneration paid to its own employees in the same category.

Other limitations on temporary agency work in Argentina

Client companies engaging temporary agency workers in Argentina must ensure that the number of temporary workers represents a reasonable and justified proportion of the total workforce. They can also only use temporary agency workers for an appropriate period, with specific limits set by collective bargaining agreements.

Anti-discrimination laws and protection against harassment in Argentina

Employees in Argentina have the right to equal opportunities, regardless of demographic factors like their sex, age, or race. This is guaranteed by Argentine anti-discrimination law.

Anti-discrimination laws in Argentina

The primary anti-discrimination legislation in Argentina is Law No. 23,592, which explicitly prohibits discrimination based on the following protected characteristics:

  • Race.
  • Religion.
  • Nationality.
  • Ideology.
  • Political opinion.
  • Trade union affiliation.
  • Sex.
  • Sexual orientation.
  • Gender identity.
  • Economic position.
  • Social condition.
  • Physical characteristics.

Other grounds, such as age and disability, are protected under other anti-discrimination legislation in Argentina and provisions of the Argentine Constitution.

Employees who have experienced discrimination in Argentina can report to the National Institute Against Discrimination, Xenophobia, and Racism (INADI), a specialized agency that receives and investigates complaints. They can also pursue legal action through the courts, potentially seeking compensation for damages.

Protection against harassment in Argentina

Employers in Argentina have a responsibility to provide a safe and healthy workplace, including protecting employees from harassment. These responsibilities include establishing and implementing clear policies that prohibit any form of discrimination, and proactively promoting a culture of respect and inclusion. Employers should also provide regular training on harassment and discrimination and take any claims of discriminatory behaviour seriously.

Pay equity laws in Argentina

The Argentine Constitution contains various provisions that apply to employees, including the right to equal pay for equal work. Argentina has also ratified the Equal Remuneration Convention No. 100 of the International Labour Organization (ILO), which guarantees equal remuneration for men and women.

Safeguard your business with our compliance expertise

Understanding what you can and can’t do as an employer is one of the biggest challenges of hiring in Argentina. Get it wrong, and you could face legal action and damage to your reputation.

Our solutions protect both you and your workers, thanks to our team’s in-depth knowledge of local and international labour laws. That means you can stop worrying about compliance issues and focus on getting the job done.

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With our EoR solution, you can engage workers anywhere in the world, without putting your business at risk. No more worrying about local labour laws, tax legislation or payroll customs — we’ve got you covered.

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