The regulation of self-employed workers in the Ley Bases seeks to solve those cases in which companies, mainly small and medium-sized ones, need to hire certain services without taking on labor under an employment relationship.<\/p>\n
In addition to the traditional exclusions provided for in the Employment Contract Law No. 20,744 (the LCT)[1]<\/a><\/sup>, the labor reform introduced in Argentina by the Ley Bases (Law No. 27,742) also excluded from the LCT:<\/p>\n a) Contracts for works, services, agency and all those regulated by the Civil and Commercial Code<\/strong> (the CCCN) (article 88, subsection d), of the Ley Bases, which replaced article 2 of the LCT).<\/p>\n This exclusion broadened the one already contained in the CCCN itself, under which a franchisee’s employees have no employment relationship with the franchisor, except in cases of fraud (article 1520, subsection b); and<\/p>\n b) The so-called \u201cself-employed workers under the Ley Bases\u201d<\/strong>: the Ley Bases created the figure of the self-employed worker, who may in turn have the help of up to three self-employed workers for the development of a productive venture.<\/p>\n The relationship among these self-employed workers, and between them and the persons who hire their services or works, is autonomous, with no employment relationship whatsoever.<\/p>\n It is prohibited to fragment or divide establishments in order to obtain benefits in fraud of the law (article 97 of the Ley Bases).<\/p>\n These exclusions were maintained and broadened by the Labor Modernization Law No. 27,802 (Official Gazette of March 6, 2026), article 1 of which replaced article 2 of the LCT once again; that version is the one now in force. The current wording excludes from the LCT contracts for works, services, agency, transport, freight and all those regulated by the CCCN (subsection d), self-employed workers and their collaborators under the terms of article 97 of the Ley Bases (subsection e), and independent providers on technology platforms, in accordance with specific regulation (subsection f)[2]<\/a><\/sup>.<\/p>\n Of course, for this rule to apply, they must be genuinely self-employed workers, without the technical, legal or economic dependence that characterizes an employment relationship, as the Ley Bases expressly requires, and all of this according to the type of activity, trade or profession concerned. In other words, to be truly independent, these workers must not be integrated into the business organization of a third party.<\/p>\n Complementing the above, article 23 of the LCT, in its current wording under article 13 of Law 27,802 (which replaced the version introduced by article 89 of the Ley Bases), provides that the provision of services in a situation of dependence<\/em> gives rise to the presumption of an employment contract, unless proven otherwise.<\/p>\n That presumption does not apply when works, professional services or trades are contracted, or any other arrangement that does not involve an employment relationship, and the corresponding receipts or invoices are issued, or payment is made through the banking systems or other systems determined by the regulations. This absence of presumption extends to all effects, including social security.<\/p>\n If you are interested in an overview of the labor reform introduced in Argentina by the so-called Ley Bases, you can read the following article on our Legal Blog: Important labor reform in Argentina: what companies cannot ignore about the Ley Bases<\/a>.<\/p>\n If you want to learn about the opportunity and benefits the Ley Bases offers to regularize employment relationships and the repeal of the astronomical fines that weighed on companies, visit the following post on our Legal Blog: Regularization of employment relationships in Argentina under the Ley Bases. Repeal of labor fines<\/a>.<\/p>\n If you would like a complimentary full report on the labor reform in Argentina under the Ley Bases, in PDF format, prepared especially by our firm, please contact us<\/a> to request it.<\/p>\n For an introduction to the new investment promotion regime created by the Ley Bases, we invite you to read our article New investment promotion regime in Argentina: the so-called \u201cRIGI\u201d<\/a>.<\/p>\n [1]<\/a> Article 2 of the LCT, as replaced by article 1 of Law 27,802 (Official Gazette of March 6, 2026), provides that the LCT applies only to the extent its provisions are compatible with the nature and modalities of the activity concerned and with the specific legal regime to which it is subject. Its provisions do not apply: a) to employees of the national, provincial, Autonomous City of Buenos Aires or municipal public administration, unless expressly included by a specific act or in the collective bargaining regime; b) to household personnel, without prejudice to the rules that the specific regime expressly declares applicable; c) to agricultural workers, without prejudice to the supplementary application of the LCT insofar as it is compatible with the National Agricultural Labor Regime; d) to contracts for works, services, agency, transport, freight and all those regulated by the CCCN; e) to self-employed workers and their collaborators under the terms of article 97 of Law 27,742; f) to independent providers on technology platforms, in accordance with specific regulation; g) to ship crews (Law 20,094), without prejudice to the applicable collective agreements; and h) to persons deprived of liberty.<\/p>\n [2]<\/a> Source: text of Law 27,802, argentina.gob.ar\/normativa<\/a> (in Spanish).<\/p>\n Our publications express solely the opinion of their author and do not constitute legal advice or opinion on any particular case. If you need it, please consult your trusted lawyer.<\/p>\n If you would like information on legal matters of interest or to consult about your particular case, please subscribe to our Legal Blog<\/a> or contact us<\/a> at your convenience.<\/p>\n","protected":false},"excerpt":{"rendered":" The Ley Bases created the figure of the self-employed worker with collaborators and Law 27,802 confirmed it: when such work falls outside the Employment Contract Law and which presumptions of employment apply.<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[25,1274,2935],"tags":[],"csp_materia":[],"csp_coleccion":[],"class_list":["post-226235","post","type-post","status-publish","format-standard","hentry","category-companies","category-doing-business","category-labor-and-social-security-en"],"_links":{"self":[{"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/posts\/226235","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/comments?post=226235"}],"version-history":[{"count":0,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/posts\/226235\/revisions"}],"wp:attachment":[{"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/media?parent=226235"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/categories?post=226235"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/tags?post=226235"},{"taxonomy":"csp_materia","embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/csp_materia?post=226235"},{"taxonomy":"csp_coleccion","embeddable":true,"href":"https:\/\/cspabogados.com.ar\/en\/wp-json\/wp\/v2\/csp_coleccion?post=226235"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}No presumption of an employment relationship<\/h2>\n
Introduction to the labor reform in Argentina. Regularization of employment relationships and repeal of fines<\/h2>\n
Introduction to the new investment promotion regime in Argentina: the so-called \u201cRIGI\u201d<\/h2>\n
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