activity 5 of 5
Collective labor agreements set special rules for each particular activity.
>To hire foreign employees:
- The employee must request their temporary residence (2 years) by submitting: DNI or passport; certificate of criminal record issued by an argentinean authority; certificate of criminal record issued by competent authority of the countries where they have lived for more than a year in the previous 3 years, legalized and apostilled; Argentina entry stamp; proof of domicile; photograph; fee payment. Estimated time: 30/40 days. Once the temporary residence is obtained, the employee can request their CUIL (this enables their registration as an employee with AFIP), or their CUIT.
| Non Mercosur:
- Employer must request their registration with the Single National Registry of Foreigners Applicant (Registro Único de Requirentes de Extranjeros or RENURE) by submitting: bylaws duly registered; government body´s appointment; affidavit requested by Disposition N° 54,618/2008 signed by the company´s representative and notarized; and proof of registration with tax authorities.
- Once the employer is registered, the employee may request their temporary residence (12 months, renewable), by submitting: DNI or passport; certificate of criminal record issued by an argentinean authority; certificate of criminal record issued by competent authority of the countries where they have lived for more than a year in the previous 3 years, legalized and apostilled; Argentina entry stamp; proof of domicile; photograph; fee payment; notarized employment contract; and proof of employer's registration with the RENURE. Estimated time: 45/90 days. Once the temporary residence is obtained, employee can request their CUIL (allowing this his registration as employee with AFIP), or their CUIT.
>Common rules applicable to all employment contracts:
- Employees must be over 18 years. With parental authorization minors of 16/18 years can also be hired.
- Each employment contract must be registered by the employer, even during trial period, through the website AFIP.
- Minimum salary is established by law.
- A 13th salary is mandatorily paid in two installments, in June and December, which must be equal each time to 50% of the highest monthly wage earned during the previous semester.
- All employees are entitled to a vacation period of between 14 and 35 days, depending on their labor seniority. Seasonal workers will enjoy it at the end of each labor period.
- A working week shall not exceed 48 hours, with an average of 8 hours per day. In case of night work (from 9 pm to 6 am) it shall not exceed 7 hours per day and in case of unhealthy work it shall be reduced to 6 hours per day or 36 hours a week.
- Between each working day there must be a 12-hours rest period.
- Employers must contribute to the social security system with a 23% of the employee's salary, if they are an SME, and a 27% if they are not. Employees must contribute with 17% of their gross salary.
- Any of the parties may end the employment contract giving a notice of 15 days to 2 months, depending on the employee's senority. In case of wrongful dismissal, employee is entitled to a compensation.
>Employment contract types:
- Indefinite term contract: Is the eneral rule, unless express contrary provision. It does not have to be written. The first 3 months are a trial period, in which any party may end the relationship without the obligation of paying any compensation.
- Fixed term contract: It shall not exceed 5 years, and has to be justifiable. It must be written. The employee must be notified of its extinction by a 1 or 2 months notice, and once the contract is over they are entitled to a legal compensation. If any of those requirements is not fulfilled, the contract is considered as an indefinite term one.
- Seasonal contract: It is allowed only in seasonal activities. Although it is an indefinite time contract, during recess parties´ obligations are suspended. In consequence, an employee who has worked during a season is entitled to continue working on the following season. Trial period is not applicable.
- Casual employment contract: It is applicable when an extraordinary and specific result is pursued, being the termination date uncertain. This means that the employment relationship ends once such result is accomplished.
- Team employment contract: It is applicable when a team of employees is hired, said team being represented all of them by a team leader, to develop group activities. An individual employment contract is considered to be celebrated with each one of the employees. If the salary were collectively agreed, each employee is entitled to a portion of it depending on his/her contribution to the result of the tasks performed.