Engage In Argentina

Table of Contents

About Argentina

Capital City

Buenos Aires

Population

As of March 2024, the estimated population of Argentina is approximately 45.7 million people.

Currency

The currency in Argentina is the Argentine Peso (ARS). The currency symbol is $.

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Overview

Argentina, officially known as the Argentine Republic, is a captivating country located in South America. It is a federal state composed of twenty-three provinces and one autonomous city, Buenos Aires, which serves as the capital and largest city of the nation. With its diverse landscapes, rich culture, and vibrant city life, Argentina offers a unique and enchanting experience for visitors and residents alike. From the breathtaking natural wonders of Patagonia and the Andes Mountains to the bustling streets and tango-filled evenings in Buenos Aires, Argentina has something for everyone. Its proud and passionate people, known as Argentines or Argentinians, contribute to the country’s vibrant atmosphere and warm hospitality. Argentina is renowned for its love of football, as well as its contributions to literature, music, and the arts. The country also claims sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands, and a portion of Antarctica. With its rich history, natural beauty, and cultural heritage, Argentina continues to captivate the world and stands as a truly remarkable nation in South America.

Employment Relationship

Permanent Employment

In Argentina, an employment contract is presumed to be for an indefinite period except in the following circumstances: Tenure of the contract is specified expressly and in writing. The modalities and nature of activities justify the execution of a fixed-term contract. The work contract for an indefinite period is understood to be entered into on a trial basis during the first 3 months of implementation. 

Fixed-Term or Specific-Purpose Contracts

The labor laws of Argentina provide that a fixed-term contract must fulfill the following requirements: It must be in writing for an agreed-upon tenure that does not exceed 5 years. The modalities and nature of activities that justify the execution of such a contract must be expressed. Continuous use of a fixed-term contract beyond the legal requirements leads to its automatic conversion to an indefinite period contract. 

Temporary Employment Contratcs

In Argentina, an employment contract is considered as a temporary work contract when a worker performs an activity under the authority of an employer to achieve specific results. Such types of agreements are implemented when the service or requirement is extraordinary and transient, and the time of termination of the contract cannot be foreseen. Employers can also utilize temporary employment agencies to hire workers. Such workers are considered direct employees of whoever uses their benefit. Employers are jointly and severally liable with the agency for all labor obligations 

Probationary Period

In Argentina, employment contracts for an indefinite period have a trial period of 8 months. The employer may terminate the agreement during this period without justification and is not required to pay severance to the terminated employee. Employers are required to give a notice of 15 days for terminating a contract during probation.

Working Hours

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.  

Holidays / PTO

Statutory Holidays

  • 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

Paid Annual Leave

Paid annual leave in Argentina depends on the employee’s seniority, provided the employee has worked for at least half of the working days in a respective calendar year: Seniority in employment does not exceed five years – 14 consecutive days Seniority is between five to 10 years – 21 consecutive days Seniority is between 10 to 20 years – 28 consecutive days Seniority exceeds 20 years – 35 consecutive days Employees are entitled to receive remuneration for their annual leave at the beginning of their leave at the rate of their normal remuneration (set monthly or hourly). 

Sick Leave

In Argentina, a worker has the right to sick leave with full pay for a period of up to three months per year if his or her length of service is five years or under. If the length of service exceeds five years, he or she is entitled to up to six months of sick leave. The worker is also entitled to sick leave without pay for a further period of 12 months, during which the employer is obliged to maintain the employment relationship. The remuneration in these cases is determined by the employee's pay rate at the time of the interruption of services, plus any pay increases the employee would have received under their employment contract, collective bargaining agreement or any other applicable rules. 

Maternity Leave

The labor law grants 90 days of paid maternity leave – 45 days before childbirth and the remaining 45 days after the delivery. The employee can reduce the pre-childbirth leave to no less than 35 days and use the remaining accumulated leave post-birth.

Paternity Leave

All male workers are entitled to two days of 100% paid paternity leave on the birth of a child, while public workers in Buenos Aires are entitled to 15 days of paid paternity leave, and an additional 30 days' paid leave during the first year of birth. Employees can also take 120 days of unpaid leave during the first year of the child's birth.  

Termination of Employment

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.

Social Security

Pension

Argentina’s Unified Social Security System (SUSS) integrates the National Integrated System of Retirement and Pensions (SIJP), with the following contributions: Personal contributions of employees in employment relationship at 11% of their salary Contributions by employers at 16% of the total salary of their personnel Personal contributions of self-employed workers at 27% The retirement age is 60 years for women and 65 for men; employees must have made 30 years of contributions to be eligible for the full pension. The pension is paid as a combination of a flat-rate universal basic pension, a compensatory benefit according to duration of contributions made, and an additional benefit for permanence.

Dependents/Survivors Benefit

Deceased employees must have fulfilled the following conditions in order for their dependents or survivors to receive the benefit:  Have paid 30 years of contributions; or Have contributed 30 months or more within the last 36 months before their death; or Have contributed 18 months or more within the last 36 months before death Have contributed 12 months within the last 60 months before death and have half of the total years required by the common or differential regime The pension for the death of an active employee is paid as the percentage of pension he or she would have been entitled to, and calculated as follows: 70% for the widow, widower or cohabitant with no children entitled to a pension 50% for the widow, widower or cohabitant, when there are children entitled to a pension 20% for each child

Invalidity Benefit

Individuals who have lost at least 66% of their ability to work are eligible for retirement due to disability before reaching retirement age. There are no benefits for temporary disability lasting up to one year.  In the case of employees who have the right to receive temporary retirement due to disability and are making contributions regularly as required by law – 70% of the base income In the case of employees who have the right to receive temporary retirement due to disability and are not making contributions regularly as required by law – 50% of the base income

Taxation of Compensation and Benefits

Personal Income Tax

Residents are taxed on their income from sources inside or outside of the country. Non-residents – persons who stay in the country for more than 6 months – are taxed on their income only from sources in Argentina. The fiscal year runs from January 1 through December 31. Income tax in Argentina varies depending on income. It is calculated as a fixed sum plus a surcharge percentage applied on the difference, depending on the income, and ranges from 5-35%.

Immigration

Types of 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 Permit

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.

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