Law the Ley de Contrato de Trabajo (LCT, Labor Contract Law). Crafted in under a conservative dictatorship and modified only slightly ever since. The bill also proposes various changes to Labor Contract Law (Ley de Contrato de Trabajo, or “LCT”) No. 20, A category called. 20, (“LCT”) – libro de sueldo- or in labor documentation that takes its place, according to the particular regimes; and b) simplified AFIP.
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Hiring workers in Argentina: a guide for foreign companies
Bill Submitted to 2044 Argentine Congress”. Energy and Natural Resources. In future releases of this guide, we will cover the other basic aspects to be considered for those companies doing business in Argentina.
For the 207444 of compensation for dismissal, it excludes from the salary base, in line with the plenary ruling “Tulosai”, the proportional part of the annual supplementary salary, the non-monthly bonus paid subject to performance evaluation, and 20474 compensation and recognition of expenses.
Amnesty and Moratorium “. If the existence of undeclared or irregularly registered employees is verified after the adoption of the regime established in the Bill, the granted benefits will be withdrawn. Bill Submitted to the Argentine Congress November 30, The so-called cryptocurrencies or virtual currencies bitcoins being the best known are denominations of the same reality: Workday The workday may not exceed nine hours a day or 48 lctt a week.
Lctt, this prohibition is not absolute, since the Ministry of Labor, Employment and Social Security may authorize its negotiation exceptionally and subject to the transformation of such items into remuneration within a reasonable period of time. As a general principle, the labor contract is entered into for an indefinite period LCT, Article Number 90and need not be implemented in writing.
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Labor Reform: Bill Submitted to the Argentine Congress
Cryptocurrencies in contracts is a phenomenon of relatively recent emergence and growing use that, at this point, cannot be ignored by 2044 laws. Recent articles in our Legal Blog. Also, it proposes to create a license for particular planned reasons, of up to 30 consecutive days per calendar year, without the benefit of salaries.
Regarding a part-time work contract, the bill modifies the calculation parameter of the maximum permissible hours limit, adding the “weekly” requirement, to measure the regular working hours in the activity. Once the pension benefit has been granted or the maximum term of one year has expired, the contract of employment is terminated by operation of law, without obligation for the employer to pay the compensation for seniority provided by laws or professional statutes.
This new figure allows for a temporary reduction in the working day of the dependent for the care of minors, receiving remuneration proportional to the time worked.
During this probationary period, the employer may terminate the agreement at any time, with the sole obligation of serving a day prior notice, or pay the salary corresponding to those clt in case lcr lack of said prior notice LCT, 2744 Number 92 bis.
Labor Reform: Amnesty and Moratorium
Labor relationships in Argentina have strong protection and are governed by the National Constitution international treaties, the Law of Contract of employment Number 20, as amended Ley de Contrato de Trabajoor LCT by its Spanish Acronym further applicable laws the collective bargaining agreements and the specific stipulations of the individual contract of employment the employer enters with a certain worker. Interested in the next Webinar on this Topic?
Public policy has a decisive influence on labor laws, and hence most legal provisions are of an imperative nature and may not be overridden by individual agreements. Do you have a Question or Comment?
The request for retirement in Argentina has suffered an increase in age as a result of the Pension Reform Law No. Regarding the settlement of withholdings and contributions omitted, the AFIP will include the compensatory interest, applying the appropriate penalties and require that the taxpayer present affidavits -original or rectifying. The current duplication of compensations is eliminated for: In sum, the labor reform bill aims to update labor legislation, in line with the modifications approved in other countries.
In this sense, for lack of registration or a registry deficiency on the date of income or remuneration, the computation and beneficiary of those fines found in Sections 8, 9 and 10 of said law would change. According to the reform, the fines under Law 24, would be assessed to the Social Security Bodies Organismos de Seguridad Social instead of the affected employee.
This article is intended to provide readers with basic information concerning issues of general interest, It does not purport to be comprehensive or to render legal advice. Amnesty and Moratorium November 30, Foreign workers may be freely hired, as long as they first apply for, and are granted a temporary residence by the Argentine migration authorities .
Foreign companies registration in Argentina has just been greatly simplified by the Public Registry of the Autonomous City of Buenos Aires. Practitioners would receive an incentive allocation proportional to the basic salary of the applicable collective agreement.
For advice about particular facts and legal issues, the reader should consult legal counsel. Real Estate and Construction. Without prejudice to maintaining the current compensation system, the reform bill also contemplates the creation of a “labor cessation fund”, at a conventional level, by activity, to assume the costs of notice and dismissal without cause.
Events from this Firm. Hiring workers in Argentina is one of the next steps a foreign company wishing to do business has to undertake once it has set up its business organization . Teamwork has specific regulations.
On the other hand, it proposes altering the rule of the best remuneration for workers paid on commission or with variable remunerations, taking the average of the commissions or variable remunerations accrued during the last year.
Food, Drugs, Healthcare, Life Sciences. Media, Telecoms, IT, Entertainment. This article is intended to provide readers with basic information concerning issues of general interest, It does not purport to be comprehensive or to render legal advice.
The stated purposes of the authors are, fundamentally, lctt reduce the labor litigation index and informality, by regularizing the irregular workforce.
The Bill provides a regime of regularization of unregistered employment whereby employers will be able to register employment relationships in the private sector, llct rectify the actual remuneration or hiring date of the employment, with the exception of those related to domestic service, establishing the following benefits: The bill proposes to refer to the proceeding contemplated by the collective labor agreement, or to the competent judicial proceeding, which would be ordinary or summary at the discretion of the competent judge.
Night work and unhealthy activities have shorter shifts and further protections. The bill proposes to extend certain terms and assumptions of special licenses: