Every country in the world has its own rules, requirements, and customs when it comes to employment contracts. For example, some countries require contracts to be concluded in writing, while others consider verbal agreements to be legally valid. Many countries also have specific requirements for the language in which employment contracts must be drafted. This is particularly important in case of any disputes that must be heard by a labour court.
In this section, we’ll take you through everything you need to know about employment contracts in Argentina. We’ll discuss the different types of contracts that are available to employers and the specific rules and regulations that apply to each one. We’ll also cover some basic information about working conditions in Argentina, including the rules surrounding working hours and remote work.
Like all countries, Argentina has its own specific rules and regulations concerning employment contracts. Here’s what businesses need to know about the law on contracts of employment in Argentina.
Unless a collective bargaining agreement says otherwise, employment contracts for full-time, permanent jobs in Argentina can be in any form. That means that written contracts are not required. This is because Argentina’s labour laws are very comprehensive and rule on almost every aspect of the employment relationship, meaning there is no need for an extensive contract.
That said, it’s still best practice to provide each employee with a written contract so everyone understands the terms and conditions of employment. Employers are also required to register employees in the company labour books and with the tax authorities.
Employment contracts in Argentina can be either full-time or part-time. They can also be either indefinite (permanent) or for a fixed term. However, there are limitations on the circumstances in which fixed-term contracts can be used. Unlike permanent, full-time contracts, fixed-term and part-time contracts must be concluded in writing and must include details of the part-time hours to be worked and/or the justification for using a fixed-term contract.
Probationary periods are common practice in Argentina. The maximum length of a probationary period is six months (recently increased from three months). During the probationary period, either the employer or the employee can end the contract with limited notice, and no severance pay is required.
Argentine labour law doesn’t require employers to have specific policies in place. However, there are certain policies that are strongly advised to prevent potential conflicts, such as bonus policies.
Unlike in some other countries, there is no requirement for third-party approval of employment contracts or policies in Argentina. However, employers must register each employee with the tax authorities.
Because written employment contracts are not mandatory in Argentina, there are no specific requirements for the information that needs to be included in a worker’s contract. However, it’s common practice to include at least the following information:
Many contract terms in Argentina are defined by employment law, which is wide-reaching and comprehensive. While employment contracts can provide terms that are more generous than the provisions of labour law, they can’t provide for less favourable conditions.
In Argentina, service contracts are used to hire freelancers or independent contractors for specific tasks or projects. These are typically less comprehensive than employment contracts since independent professionals are responsible for organising the particulars of their work. Employers don’t have to withhold or pay taxes on payments they make to individuals engaged through service employment contracts.
Employers in Argentina can engage workers on fixed-term contracts if they only need their services for a limited period. However, there are certain limitations on the use of fixed-term contracts, which employers must be aware of.
Unlike permanent contracts, fixed-term contracts in Argentina must be concluded in writing. The contract should include the end date and should also state the justification for using a fixed-term contract. Fixed-term contracts can have a maximum duration of five years.
Argentina, it is deemed to be a permanent contract. At the end of the contract, the employer must serve notice of no less than one month and no more than two months. If they fail to do this, the contract will automatically transform into an indefinite contract. Employees can claim damages if the employer dismisses them without cause before the agreed term.
The law does not stipulate specific justifications for using fixed-term contracts in Argentina. However, they may only be used when there is a genuine need due to the nature of the work or the company’s circumstances.
Another type of fixed-term contract in Argentina is a contract for the duration of the work or task. These are used when the nature of the work is temporary, but it’s not possible to know exactly when it will be complete. These contracts terminate when the work is finished.
There’s no specific limitation on the number of times a fixed-term contract can be extended or renewed in Argentina. However, a string of contracts may not exceed a total term of five years. Successive fixed-term contracts concluded for the same work may be viewed as an indefinite contract unless the type of work justifies the fixed-term arrangement.
Typical working hours in Argentina are eight hours per day, 40 hours per week. These are normally worked Monday–Friday with an hour’s break for lunch. In some rural areas, employees may have a three-hour break in the middle of the day for lunch and a siesta. Working hours are regulated by the Working Hours Act.
According to Argentine employment law, working hours are limited to eight hours per day and 48 hours per week. When employees do night work or work that is considered unhealthy, the maximum length of a shift is seven hours. Employees aged under 18 may work no more than six hours per day.
Overtime is permitted in Argentina but is limited to 30 hours per month or three hours per day. Any exceptions must be authorised by the Ministry of Labour. Overtime is paid at 150% of the employee’s normal wages, or 200% for work during a rest period. Rest periods are Sundays, public holidays, and after 1pm on Saturdays.
Employees in Argentina are entitled to two hours’ worth of breaks per day. They are also entitled to one continuous break of at least 35 hours every weekend and a 12-hour break between shifts.
As in many other countries, remote work has become more popular in Argentina over the past few years. A new law on remote work in Argentina was introduced in 2020. The main features of the law are:
Like all countries, Argentina has its own rules and regulations when it comes to employment contracts — and non-compliance could land your company in hot water.
Thankfully, our team is experienced in drawing up tailored, compliant contracts in Argentina (and more than 100 countries worldwide). That means that, when you work with us, you won’t need to waste time worrying about whether you’ve got it right. Instead, you can focus on what matters: your business.
Employment contracts in Argentina are generally indefinite by default, with the employment relationship governed by the Labour Contract Law (LCT), the agreed employment terms and any applicable collective bargaining agreement.
An indefinite employment contract does not generally need to be in writing, although employers should document important terms such as the employee’s role, salary, working hours and place of work. Written contracts are required for certain arrangements, including fixed-term employment.
Indefinite contracts generally begin with a six-month trial period. During this period, either party can end the employment relationship without severance, and, since the 2026 reform, the employer is not required to provide notice during the trial period.
Argentina also allows fixed-term, seasonal and temporary employment where the nature of the work supports that arrangement. Fixed-term contracts cannot simply be renewed repeatedly to cover an ongoing permanent role. If the legal requirements for temporary employment are not met, the relationship may be treated as indefinite.
No. A written employment contract is not generally required for an indefinite employment relationship in Argentina. An employment relationship can exist even without a signed contract when a person performs work for an employer under the conditions set out in Argentina’s Labour Contract Law (LCT).
However, written documentation is required for certain types of employment. Fixed-term contracts must be in writing and should state the duration of the agreement. Other arrangements may also have specific documentation requirements based on the type of work and applicable rules.
Even where a written contract is not mandatory, employers should document key employment terms such as the employee’s role, salary, working hours and workplace. An applicable collective bargaining agreement may also set additional employment conditions.
Separately, employees must be properly registered with ARCA, Argentina’s tax and customs authority, before they start work. This registration is required regardless of whether the employment contract itself must be in writing.
The main types of employment contracts in Argentina are indefinite-term, fixed-term, seasonal and temporary or eventual contracts. Indefinite employment is the standard arrangement under Argentina’s Labour Contract Law (LCT), while the other types are used in specific circumstances. An indefinite-term contract has no set end date and is the usual form of employment in Argentina.
A fixed-term contract runs until an agreed date and must be in writing. There must be a valid reason for using a fixed term rather than permanent employment. A seasonal contract is used for work that returns at particular times of the year, such as recurring seasonal activities. An eventual contract can be used for temporary and exceptional business needs where the end date cannot be determined in advance, such as an unexpected increase in workload or replacing an absent employee. Employers need to use the contract type that matches the actual nature of the role.
An employment contract in Argentina should include the employer and employee details, job title and category, start date, workplace, salary, payment frequency, working hours and the applicable collective bargaining agreement (CBA), where one applies.
The contract should also cover any agreed benefits, working arrangements and other conditions relevant to the role. Where a CBA applies, its requirements need to be considered because it may set minimum salaries, working conditions, allowances or benefits for employees in that sector or job category.
For a fixed-term contract, the agreement must be in writing and specify the duration of employment and the reason for using a fixed term. If the requirements for fixed-term employment are not met, the employment relationship may be treated as indefinite.
Remote employees also have additional requirements under Argentina’s Telework Law 27.555, including written terms covering the telework arrangement. Law 27.802 provides for the repeal of the Telework Law from 1 January 2027; it remains applicable until that date.
Yes. Employers in Argentina can make reasonable changes to some working conditions, but they cannot change important employment terms without the employee’s agreement or make changes that negatively affect them.
Argentina’s Labour Contract Law (LCT) allows employers some flexibility to change how work is organised. This is known as ius variandi and can cover changes to duties or working arrangements where these remain reasonable for the employee’s role.
There are limits. An employer generally cannot use this right to reduce an employee’s salary or make significant changes to their job category, working hours or workplace if the employee would be negatively affected.
If a change goes beyond what the employer is allowed to make, the employee can challenge it and, after formally requesting that the employer reverse the change, may treat the employment relationship as terminated without cause if the employer fails to do so.
Only when the work itself is genuinely temporary. A fixed-term contract in Argentina cannot be used simply to avoid the obligations that come with an indefinite hire. The reason for the fixed duration has to be real and objectively justifiable. A temporary replacement or a one-off project may qualify.
The maximum duration is five years. The contract must be in writing, and it needs to state both its duration and the reason behind the fixed term, since an undocumented or unjustified fixed term risks being reclassified as indefinite.
Either party must give one to two months’ notice before the contract ends, unless it runs under a month, in which case no notice is needed. Missing that notice converts the contract to indefinite. If the employer ends it early without cause, the worker is owed the applicable termination compensation calculated, under the rules introduced by Law 27.802, by treating the employee’s length of service as extending to the originally agreed expiry date.
A fixed-term contract in Argentina is for a specific period with an agreed end date, while a seasonal contract is used for work that returns at certain times of the year because of the nature of the business.
For example, a company may use a fixed-term contract for a temporary project that will last six months. Seasonal employment is different because the employee is expected to return when the next season begins, such as for work linked to a recurring tourism or agricultural season.
Under Argentina’s Labour Contract Law (LCT), seasonal employment is treated as an ongoing employment relationship even though the employee does not work throughout the entire year. Only the periods actually worked generally count towards length of service.
Before a new season begins, the employer must notify the employee of its intention to continue the employment relationship at least 30 days before the start of the season. The employee then has five days to confirm their intention to return.
Argentina’s standard probation period for indefinite employment contracts is six months. It increased from three months to six months on 9 July 2024 under Law 27.742, known as the Ley Bases.
The 2024 reform also allows collective bargaining agreements to extend the probation period for smaller employers. It can be extended to eight months for employers with six to 100 employees and up to one year for employers with five employees or fewer.
During probation, either the employer or employee can end the employment relationship without providing a reason and without severance for termination. However, Law 27.802 removed the employer’s obligation to provide notice during the probation period from March 2026.
The employee must also be properly registered from the start of employment. An employer cannot use the probation period more than once for the same employee and using successive employment relationships to repeatedly place someone on probation is not permitted.
Argentina’s Telework Law 27.555 requires remote working arrangements to be agreed in writing and adds specific conditions to the employee’s existing employment terms, including working hours, equipment, expenses and the right to disconnect.
Moving from on-site work to telework must generally be voluntary and agreed by the employer and employee. Remote employees retain the same employment rights as comparable employees working on site, including pay, collective rights and workplace protections.
Employers are responsible for providing the equipment needed for the role or compensating employees who use their own equipment. They must also cover qualifying connectivity and maintenance costs and respect the employee’s right to disconnect outside agreed working hours.
The law also includes rules around returning to on-site work and working arrangements for employees with certain caring responsibilities. Employers using remote or hybrid arrangements in Argentina should therefore make these conditions part of their employment documentation. As an important upcoming change, Law 27.802 repeals Telework Law 27.555 with effect from 1 January 2027. The Telework Law remains in force as of September 2026, but employers should review their remote-working documentation before the repeal takes effect.
CXC can manage employment contracts in Argentina from the initial hire through to contract changes, renewals and offboarding, while keeping the documentation in line with local employment requirements.
Through our Employer of Record service, we can employ talent locally for companies without an Argentine entity. Our team prepares the appropriate employment documentation based on the role and arrangement, whether the employee is hired indefinitely, for a fixed term, seasonally or under a telework arrangement.
We also manage the local administration connected with the contract, including employee registration with ARCA, payroll and statutory benefits. If employment terms change, we can update the documentation and manage the related employment and payroll requirements.
Our local team keeps track of changes to Argentine employment law, including rules affecting probation periods and different contract arrangements. Your HR team can focus on managing its people without having to follow every local contract requirement or legislative update themselves.
Speak to our team to learn more about managing employment contracts in Argentina.
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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