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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The new wording that would be adopted in Section 80 of the LCT is intended to give certainty concerning the obligations related to the certificates, specifying its content, preparation and access mechanism for the employee through the procedure established by the AFIP.
Hiring workers in Argentina: a guide for foreign companies
Do you have a Question or Comment? For more information about the Labor Reform please see: 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.
However, collective bargaining negotiations always set higher basic salaries for the different productive activities. Once the pension benefit has been granted or the maximum term of one year has expired, the contract of kct is terminated by operation of law, without obligation for the employer to pay the compensation for seniority provided by laws or professional statutes.
Events from this Firm. The workday may not exceed nine hours a day or 48 hours lc week. No minimum percentage of national employees is required. For the calculation of compensation for dismissal, it excludes from the salary base, in line with the plenary ruling “Tulosai”, the proportional part of 2744 annual lc salary, the non-monthly bonus paid subject to performance evaluation, and all compensation and recognition of expenses.
Night work and unhealthy activities have shorter shifts and further protections. It would maintain a fine equivalent to 3 times the highest monthly remuneration, applicable if the employer 02744 not generate the certificate according to the procedures provided, nor carry out the rectification ordered by the judicial authority, within 2 working days computed as from the formulated demand by the worker or judicial authority. Cryptocurrencies in contracts is a phenomenon of relatively recent emergence and growing use that, at this point, cannot be ignored by national laws.
A category called “economically linked autonomous professional workers” would be created, which would be excluded from the scope of the LCT. It has been clarified that such workers will be governed by a special statutory regulation prepared by a tripartite technical commission.
On the other hand, the Bill proposes the modification of the sections of the NEL referred to the compensations for lack of registration, deficient registration of the hiring date of employment and actual salary, which will be turned into fines that must be paid to ANSES. If you liked the article, please, share it. The Bill proposes to modify the concept and scope of employment registration, as it provides that the employment relationship or contract is considered registered when the employer registers the employee in: With regards to the capacity to modify the forms and modalities of work Ius Variandithe special preliminary injunction would be eliminated so that the worker may pursue the restoration of the altered working conditions.
There is the possibility that employers can make a rectification for having determined parameters other than those declared, when a judicial authority requires it. The debt settlement made by the AFIP will be legally sufficient to enable the tax execution. 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.
Directors and managers are excluded from any shift limit and do not earn an extra salary when working longer hours. Amnesty and Moratorium “. 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.
Under the first topic dedicated to the regularization of non-registered employment, the labor-registration chapter would modify the current fines scheme of National Employment Law Ley Nacional de Empleo No. In the meantime, for additional information on these or any other issues related to doing business in Argentina, please, sign up for our Legal Blog or contact us at any time.
Media, Telecoms, IT, Entertainment. Likewise, if the employee participates, the regularization may be approved by the competent administrative or judicial authority being competent such as the the Federal Social Security Court of the City of Buenos Aires or competent Federal Courts in the provinces. Maximum quotas will be established by activity through conventional negotiation. The day period will be computed in calendar days, with the first day excluded and the expiration day included.
Hiring workers in Argentina: a guide for foreign companies
Completing the new scheme, it is proposed to repeal Section 15 of Law No. The stated purposes of the authors are, fundamentally, to reduce the labor litigation index and informality, by regularizing the irregular workforce. The lch also seeks to modify Section of the LCT and establish a system to update the labor credits in accordance with the rate set by the Argentine National Bank for the Purchasing Value Units Unidades de Valor Adquisitivo or UVA corresponding to its mortgage 207744 operations, from the date in which they had to be paid until the date of its effective payment.
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. The so-called cryptocurrencies or virtual currencies bitcoins being the best known are denominations of the same reality: The Bill provides a regime of regularization of unregistered employment whereby employers will be able to register employment relationships in the private sector, and rectify the actual remuneration or hiring date of the employment, with the exception of those related to domestic service, establishing the following benefits: The request for retirement in Argentina has suffered an increase in age as a 20744 of the Pension Reform Law No.
Nor would solidarity apply to transport services of persons, to and from the establishment or exploitation. 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. All workers are also entitled to a thirteenth month of salary, paid in two installments in June and December .
According to the new article No. Such sectoral labor cessation fund would be funded mainly by mandatory contributions paid by the employer, tariffs, investments, legacies, subsidies and oct, among other sources. 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.
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, oct and 10 of said law would change. Foreign workers may be freely hired, as long as they first apply for, and are 2744 a temporary residence by the Argentine migration authorities . Indefinite-term contracts of employment are considered to be entered into on a trial basis for a three-month period.
The content of this article is intended to provide a general guide to the subject matter.