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Introduction
Argentina's well-educated workforce, strategic location in South America, and abundant natural resources make it an attractive market for business expansion. However, complex labor regulations and regional variations require careful navigation.
Argentina's twenty-three provinces introduce potential variations in leave entitlements and administration across regions. Collective bargaining agreements, internal company rules, and individual contracts further complicate labor law regulations while ensuring the accurate administration of legally mandated employee benefits.
So, here is our updated guide on leave policy in Argentina. We will also explore how Employer of Record (EOR) can be a valuable asset in managing benefits administration for your global workforce.
Adoption Leave in Argentina
- No law regulates paid adoption leave for either parent in the private sector.
- However, you may grant adoption leave in Argentina at your discretion, following the prescribed two-day paid leave for childbirth.
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Talk to an expertEarned Leave in Argentina
- You may extend earned leave in Argentina annually based on the seniority of the employee:
- Additionally, you may compensate employees with compensatory leave during employment.
- The leave policy in Argentina prescribes full salary during the leave period, and there is no provision for the rollover of unused leave days to the following year.
- You may grant a leave period between October 1st and April 30th each year. Further, you may break it into three intervals, with at least one summer season.
Maternity Leave in Argentina
- Argentina offers comprehensive maternity leave benefits to eligible employees.
- You may extend the maternity leave in Argentina to registered employees and domestic workers with at least three months of employment.
- Meanwhile, public sector employees in some provinces may have slightly longer leave durations.
- The labor law encourages employee soft landing, i.e., allowing mothers to gradually return to employment with reduced working hours while receiving full pay.
- Moreover, you can compare maternity leave benefits across different countries to incentivize your employees.
Parental Leave in Argentina
- There is no statutory provision related to parental leave in Argentina. Childcare leave and career breaks are not recognized.
- However, you may follow international standards to extend parental leave as a legal right in Argentina.
Paternity Leave in Argentina
- Benefits related to paternity leave in Argentina are limited compared to maternity leave:
- The information mentioned above is the minimum requirement per national labor law, some collective bargaining agreements within specific sectors might demand extended paternity leave. For instance, those employed in the National Public Administration get 5 days of paternity leave.
- Further, you may allow employees to use their annual earned leave in Argentina for paternity leave.
Sick Leave Policy in Argentina
- The sick leave policy in Argentina provides comprehensive benefits depending on the duration of employment:
Casual leave in Argentina
- There is no guaranteed right to casual leave in Argentina under the national labor law.
- However, you may grant unpaid leave based on your discretion or under specific collective bargaining agreements.
Public Holidays in Argentina
- There are nine fixed public holidays in Argentina, three movable holidays, and three holidays with flexible dates:
- Fixed holidays:
- January 1: New Year's Day
- April 2: Malvinas War Veterans Day
- May 1: Labor Day
- May 25: Revolution Day
- June 17: General Martín Manuel de Güemes Memorial Day
- June 20: General Belgrano Memorial Day (Flag Day)
- July 9: Independence Day
- December 8: Day of the Immaculate Conception
- December 25: Christmas Day
- Movable holiday:
- Carnival: Monday and Tuesday before Ash Wednesday (dates vary each year)
- Holy Thursday & Good Friday: Thursday and Friday before Easter Sunday (dates vary each year)
- Holidays that might shift to a nearby Monday depending on the weekday they originally fall on:
- August 17: San Martín Memorial Day
- October 12: Day of Respect for Cultural Diversity (originally Columbus Day)
- November 20: National Sovereignty Day
- Fixed holidays:
Unpaid Leave in Argentina
There may be instances where you may grant unpaid leave before you can initiate termination proceedings:
- The leave policy in Argentina provides for an additional 12 months of unpaid sick leave.
- Although Argentina has suspended mandatory military service, the labor law provides a legal framework to grant leave up to a 30-day grace period after the end of the service period.
Other leaves
- You may offer offers paid leave for specific personal situations:
- Marriage: 10 calendar days.
- Death of close family:some text
- Spouse/Partner: Three calendar days.
- Child or Parents: Three calendar days.
- Sibling's death: One calendar day.
- Education: Up to 10 consecutive days per year for exams (two days per exam).
Learn more about sabbatical leave per international standards to incentivize your employees.
- Moreover, the leave policy in Argentina considers Sundays, public holidays, and non-working days towards pay benefits during bereavement leave.
Easily Navigate the Leave Policy in Argentina with Skuad
Skuad empowers you to focus on core business objectives while ensuring a compliant, efficient, and secure HR experience in 160+ countries, including Argentina.
Our EOR platform encompasses payroll, legal compliance, and benefits administration per local labor law, so you can manage a global workforce without establishing a legal entity.
Request a demo to experience Skuad firsthand and see how it can simplify your global HR operations.
FAQs
Q1. How many vacation days do you get in Argentina?
A1. The minimum entitlement in Argentina for annual vacation varies between 14 calendar days and 35 calendar days based on seniority with the same employer. Moreover, some industries might have negotiated agreements offering more favorable vacation leave terms.
Q2. What is the notice period in Argentina?
A2. Employees typically need to give 15 days’ notice if they resign. Employers must provide one month’s notice for employees with three to five years of service and two months’ notice for those exceeding five years.
In the case of employer-initiated termination without just cause, they must also extend severance pay equivalent to one month's salary per year of service.
Q3. What are the working laws in Argentina?
A3. Argentina labor law prescribes eight-hour workdays or 48-hour weekly work, minimum wage, paid leave (varying by seniority), family leave benefits, and termination procedures.
Q4. What is the law 20744 in Argentina?
A4. Argentina's Law 20744 establishes the foundational principles for employment contracts. In simple terms, national labor laws provide a base structure, while Law 20744 and industry agreements can redefine specific terms and conditions applicable to an employment situation in Argentina.
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