Employment contract in Argentina – Introduction
As to the employment contract in Argentina, labor rights in Argentina have constitutional basis and the National Constitution acknowledges the employee´s right to dignified and fair labor conditions, limited working hours, paid rest and vacations, fair compensation, minimum and adjustable salary, equal pay for equal work, participation in the companies’ profits with production control and collaboration in the management, protection against arbitrary dismissal, stability of public servants, free and democratic union organization – recognized by the mere registration in a special record -, collective bargaining negotiations, strike actions and stability of the union´s representatives (Article 14 bis).
The employment contract in Argentina is mainly governed by the Contract of Employment Law Number 20,744 (Ley de Contrato de Trabajo – LCT), specific legal regimes applying to certain category of workers (e.g. farm workers, government employees, household staff, travelling salesmen, journalists), collective bargaining agreements (Convenciones Colectivas de Trabajo) entered into and covering different labor fields and the conditions of the individual labor agreements entered into by and between the employer and the employee.
Labor laws set forth a so-called labor public order: a number of minimum and basic labor provisions that may be only modified – either by individual agreements or collective bargaining negotiation – in favor of the employee.
The LCT is an extensive piece of legislation covering – among others – the following subjects: the contract of employment and the rights and obligations of employers and employees arising thereof, proof period, certain modalities of the employment contract (such as part-time, fixed-term contracts, seasonal employment, casual work), remuneration and protection of wages, hours of work, public holidays and paid leaves, maternity protection, minimum age and protection of young workers and the suspension and termination of the contract of employment.
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