Decrypting Argentina's Labor Environment

Author:TMF Group
Profession:TMF Group

With a mixture of emerging and booming economies, political uncertainty and extreme contrasts in business customs, the Americas can never be categorized as one homogeneous whole.

HR and payroll rules and regulations vary across jurisdictions, even among neighboring ones - and sometimes even within the country. Here we take a look at how HR & Payroll works in Argentina.

Social Security System

Both employees and employers have to make contributions towards the cost of the health system, and to fund future retirement pensions for employees. The contributions on charge of employers are calculated at a rate of 23% of the gross salary paid, excepting entities with certain activities and high revenues, which are subject to a higher rate: 27%. The share of the employee's contributions is calculated on the basis of his/her gross salary or by considering a fixed amount defined by the Federal authorities on a semi-annual basis, whichever is the lowest, and according to the following rates: 11% of the gross salary for pension fund system, 3% of the gross salary for retirement fund (INSSJP) 3% of gross salary for medical assistance Additional withholdings may be applicable in case of employees subject to Union's rules.

Hiring/Retrenchment Issues

Argentina's Labor Law, the Labor Union Law, the Labor Risk Law, and collective bargaining agreements govern labor-management relations, and employee rights and remuneration in the country. Employees may be laid off without compensation during the trial employment period (first 3 months), provided 15 days' notice is given. Employees who have worked for an employer for more than five years must be given two months' notice on termination, while one month's notice is sufficient for employees with less than five years of employment. Employers may also opt to provide payment in lieu of advance notice equal to the salary for either one or two months. Foreign Personnel and Work Permits

There are no restrictions on the employment of foreigners, provided they hold the appropriate visas. Companies that intend to hire foreigners must be registered with the National Registry of Sponsoring Entities, which is a division of the Department of Immigration Prospective employees from MERCOSUR countries and MERCOSUR associate countries can apply for a temporary residence visa that entitles the individual to work in Argentina, without the need for sponsorship. The most common types of work visas issued in...

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