Global HiringContact us
English
Portuguese
Spanish
CXC Global
EnglishCXC Global

Employer of record in Argentina

Hiring employees in Argentina is a complex business. For a foreign company, it usually requires setting up a local legal entity and appointing a local representative. There are also various administrative and compliance procedures to get through, which can take a lot of time and resources. There is an alternative: hiring workers through an employer of record, or EoR.

What is an employer of record?

An employer of record (EoR) is an organisation that engages workers on behalf of its clients. Legally speaking, the EoR is the worker’s employer, though their clients are responsible for day-to-day management. Hiring workers through an EoR allows businesses to access talent in new markets without the hassle and expense of setting up a local business entity or corporate presence.

Working with an employer of record in Argentina

In Argentina, an employer of record is commonly known as a servicio de payroll or a servicio de liquidación de sueldos. There’s no specific licence that designates EoR providers in Argentina, but they do need to abide by certain requirements that apply to all businesses hiring employees.

For example, an EoR provider must be registered with the tax authorities in Argentina and have a tax number. They must also make contributions to the country’s social security system for each employee. There may be additional licensing requirements if the EoR also acts as an employment agency that places employees with clients.

Working with an employer of record in Argentina will allow you to hire workers quickly and easily, without having to set up a local entity or even open a local bank account. Your employer of record will act as your workers’ employer for legal and tax purposes, and handle HR processes like payroll, benefits administration, and leave management on your behalf. All you have to do is focus on finding the best talent for the job.

Hiring in Argentina without an employer of record

If you choose to hire employees in Argentina without working with an employer of record, you’ll need to set up a business entity and complete various business registrations. You’ll also need a solid understanding of the labour laws, norms, and customs that apply in Argentina. We’ve put together everything you need to know in this guide.

Hiring in Argentina

Argentina is the second-largest country in South America and the eighth largest in the world. It’s home to some 47 million native Spanish speakers, making it the third biggest Spanish-speaking country in the world after Mexico and Colombia. The country is also known for its highly educated and literate workforce and strong middle class. The Argentine market gives companies access to a broad base of consumers.

All of this is to say that there are many good reasons for hiring in Argentina. However, it’s also a country with a complex employment landscape, and it’s important to understand the various rules, customs, and labour laws that apply before embarking on a hiring spree. Here are some of the basic things to know about hiring in Argentina.

Understanding labour laws in Argentina

Argentina has comprehensive labour laws that regulate almost all terms and conditions of the employment relationship. These are generally favourable to employees and designed to safeguard their rights. Some of the main legislation governing employment in Argentina includes:

  • Labour Contract Law 20,744 (the ‘LCL’).
  • Law No. 23,660, the Health Insurance Act.
  • Law No. 24,241, the Employees’ Pension and Retirement Act.
  • Law No. 19,587 on Occupational Hygiene and Safety.
  • Law No. 11.544/1929, the Working Hours Act.

Employers in Argentina must provide working conditions that are at least as favourable to employees as those laid out by the relevant employment laws. They can also choose to provide more generous conditions. Employment law in Argentina is overseen by the Ministry of Labour, Employment, and Social Security.

Collective bargaining agreements in Argentina

Employment in Argentina is also shaped by industry-level agreements between trade unions and employers or employers’ associations. These set additional rules for the pay and working conditions of the majority of employees in Argentina.

When an employee is covered by a collective agreement in Argentina, the agreement takes precedence over the employment contract unless the contract is more favourable to the employee. In general, if there’s a conflict between labour law, a collective bargaining agreement, and an employment contract, the one that is most favourable to the employee takes precedence.

Taxes and social security contributions in Argentina

Companies hiring in Argentina need to register with the tax authorities before they can employ workers. They must then withhold taxes from employees’ wages and remit them to the appropriate authorities. Employers must also make social security contributions based on their employees’ wages.

The cost of hiring in Argentina

While salaries in Argentina may seem low compared to the US or Western Europe, it’s important to consider the various other costs of employment if you’re thinking of hiring workers there. For example, you need to take into account the following expenses:

  • Legal assistance
  • Entity setup costs
  • Staffing agency costs
  • Translation costs
  • Recruitment costs
  • Taxes and social security
  • Background checks

Background checks in Argentina

Employers in Argentina can conduct background checks on potential employees to verify information and determine their suitability for a role. However, there are some rules and limitations that apply to background checks in Argentina, which it’s important to be aware of.

Required background checks in Argentina

Employers in Argentina must put new employees through a medical check, which is required by the Occupational Risk Superintendence. If an employee doesn’t complete this screening, they’re deemed to have begun work in optimal health. That means any injuries or illnesses that arise must have occurred during employment.

Other possible background checks in Argentina

The following background checks are also permissible in Argentina, subject to certain conditions.

  • Criminal record checks: Employers can’t perform criminal background checks in Argentina directly or through third parties. However, they can ask prospective employees to request a criminal certification from the Criminal Records Registry. A criminal records check is also required for foreign nationals to obtain a visa.
  • Employment history checks: This is a common type of background check in Argentina. It involves verifying a candidate’s employment history by contacting their previous employers. Employers may do this without obtaining the employee’s consent.
  • Education history checks: Employers in Argentina may also verify academic credentials mentioned in a candidate’s application by contacting the relevant educational institutions.
  • Social media checks: This type of background check is limited in Argentina due to privacy and data protection laws. However, employees can review a candidate’s publicly available social media profiles. Employers must inform candidates before doing this.
  • Credit checks: Performing a credit history check is a less common background check in Argentina. However, it is possible to do so for certain roles, such as those in finance or banking.

Limitations on background checks in Argentina

All background checks in Argentina must comply with the Personal Data Protection Law (PDPL). Employers must usually obtain consent from the candidate before performing a background check. They must also inform candidates of the purpose of the background check and the information that will be collected. Finally, they must ensure the information collected is relevant and accurate and maintain confidentiality and security when handling data.

Hire employees in Argentina

If you want to hire workers in Argentina, you need to think about the best engagement structure for your business. This depends on various factors such as the number of workers you want to engage and how long you’ll need their services. Here are the main types of workers you could engage in Argentina:

  • Employee: Employees are workers engaged with an employment contract. In Argentina, they can be engaged on a full-time, part-time, fixed-term, or indefinite basis. Employees in Argentina are entitled to certain rights and benefits that are not granted to independent workers, such as paid leave. This means it’s important to correctly classify your workers to ensure they receive the rights they’re entitled to.
  • Independent contractor: Independent contractors are workers engaged without a relationship of direction or subordination. They may work for more than one employer and are less likely to stay with the same employer for a long time. Independent contractors are not entitled to statutory rights such as minimum wages and paid annual leave.
  • Agency worker: Agency workers are employed by temporary work agencies and leased out to client companies for set periods. There are limitations on the situations when agency workers can be used in Argentina. For example, employers can engage agency workers when they have a temporary increase in demand or need a worker to cover for another employee who is currently on leave.

The risk of misclassifying employees in Argentina

Incorrectly classifying employees as independent contractors carries serious consequences in Argentina. For example, employers can be made to pay the unpaid contributions due based on the entire employment relationship. They can also receive significant fines and penalties.

To help you correctly classify workers, here are some of the signs that a worker may be classified as an employee:

  • The worker is required to be available to work for the employer.
  • The employer directs and subordinates the worker.
  • The employer creates a schedule that the worker must adhere to.
  • The worker performs the same work as other employees.
  • The worker has a work ID and company email address.
  • The worker works exclusively for the employer.

Using an EoR as an alternative to hiring employees in Argentina

Working with an employer of record is an alternative to engaging contractors or hiring employees in Argentina. It allows you to avoid both the expense and hassle of setting up a legal entity and the misclassification risk that comes with engaging independent contractors.

Language requirements in Argentina

Spanish is the official language in Argentina, as well as the most widely spoken. However, the country’s history of immigration means it is quite linguistically diverse. The second most common language in Argentina is Italian, and there are also speakers of German, other European languages, and 14 indigenous languages including Quechua, Guaraní, and Mapudungun.

English language in Argentina

Argentina also ranks second in Latin America (and 28th in the world) for English language proficiency, according to language education company Education First (EF). English is especially prevalent in large cities like Rosario, Mar del Plata, and Buenos Aires.

Language requirements for employment documents in Argentina

There’s no statutory requirement for employment contracts or other documents to be written in Spanish in Argentina. However, a company’s books and accounting records must be kept in Spanish. Also, any document filed with an Argentine court must either be in Spanish or be accompanied by a certified translation. That means it’s good practice to issue either bilingual or Spanish contracts, as long as your workers understand them.

Language requirements for visas and work permits in Argentina

There are no specific requirements for Spanish language proficiency to work in Argentina or to obtain a work permit. However, speaking at least some Spanish is usually necessary to get through the administrative process of obtaining a visa.

Corporate presence requirements and payroll setup in Argentina

Setting up a business in Argentina is a complex process. The country is known for its complicated taxes, prohibitions, and exemptions, and ranks 126th on the World Bank’s Ease of Doing Business Index. A branch in Argentina must have a corporate presence there, as well as a legal representative who is an Argentinian resident.

How to set up payroll in Argentina

Here are the steps to follow to set up a business and begin paying employees in Argentina:

  1. Register your business with the Public Register of Commerce of Argentina.
  2. Register with the Justice Minister (IGJ), Tax and Social Security Authority (AFIP), and Municipal or District Authority (Rentas).
  3. Register employees on the AFIP website.
  4. Collect essential employee information including social security numbers, health insurance numbers, national ID numbers, and tax identification numbers (CUIT) and upload them to your payroll software.
  5. Obtain a tax identification number (CUIT) from AFIP.
  6. Open a local bank account and deposit initial capital at the National Bank.
  7. Take out mandatory insurance policies.
  8. Sign wage books with the Ministry of Labour.

The simpler way to process payroll in Argentina

As you can see from the above, payroll processing in Argentina is a complex process for foreign businesses. You can make things easier by working with a partner like an employer of record for payroll services. The employer of record will handle payroll on your behalf — and they’ll also provide other HR services like administering mandatory and optional benefits, onboarding employees, and more. This means you can simply focus on expanding your business without the administrative headache that comes with hiring employees and processing payroll in Argentina.

Easily hire employees in Argentina with our EoR solution

Hiring employees in Argentina usually means setting up a legal entity, which can be costly and time-consuming. Employers can avoid this hassle by working with an Employer of Record (EoR), like CXC.

Through our EoR solution, you can confidently hire employees in Argentina, without worrying about compliance issues. We’ll handle everything from payroll to benefits to employment contracts on your behalf — so all you have to think about is finding the right person for the job.

Compliantly hire employees anywhere with CXC

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.

DISCLAIMER: The information contained on this website is provided for general informational purposes only and should not be construed as legal, tax, or other professional advice on any subject matter. While we endeavor to ensure that the content is accurate and up to date, we make no warranties or representations of any kind regarding the completeness, accuracy, reliability, suitability, or availability of the information contained herein. The content on this site is not intended to be a substitute for professional advice. Users should not act or refrain from acting based on any information on this website without seeking the appropriate legal, tax, or other professional advice tailored to their specific circumstances from qualified professionals. We expressly disclaim all liability in respect to actions taken or not taken based on any or all of the contents of this website. Use of the information on this site does not create an attorney-client, tax advisor-client, or any other professional-client relationship between the user and the website or its authors.

BLOG

Helping businesess to compliantly engage talent since 1992