78
78
75.5
Reasonable Access to Decent Work
100
80
80
50
80
75
80
60
75
100
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §2 of National Employment Act, Act No. 24.013, 1991; §116-120 of the Employment Contracts Act | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §103, 124-133 of the Employment Contract Act No. 20.744 of 1976 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | 201-203 of Employment Contract Act, No. 20,744, 1976 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §207 of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §200 of the Employment Contract Act, No. 20.744, 1976; §02 of the Law No. 11.544 on Working Time 1929 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §66, 197 & 201-203, Employment Contracts Act, 1976; §01 of Decree 484/2000; §1-3 & 13 of the Law on Working Time, 1929 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §01 of Decree 484/2000 on Work and working hours | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §174 & 204 of Employment Contract Act,1976 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §168 of Employment Contracts Act, 1976; §01 of the Holidays Act, No. 21,329 of 1976; Law No. 23.555; Law on the establishment of holidays and long weekends, 2017(Law No. 27399) | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §150-157, 164 & 194 of Employment Contract Act, 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | No | 0 | §48, 52 & 90-100 of Employment Contract Act, 1976 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §90 & 93 of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §92bis of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §231, 232, 241, 242, 247, 250 of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §245-247 of the Employment Contract Act, 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | Yes | 1 | §183(c) of the Employment Contracts Act, 1976 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | §158-159 of the Employment Contracts Act, 1976 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | §183(b) of the Employment Contract Act, 1976 | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §179 of the Employment Contracts Act, 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §6(c) of the Integral Protection Law for Women of 2009 (No. 26.485) | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §177-183 of the Employment Contract Act, 1976; §113 of approving the National Regulation on Agricultural Work, Act No. 22.248; §1 & 3 of the Act No. 24.716 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §6, 11 & 18 of Regime of Family Allowances Law No 24.714, 1996 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §6, 11 & 18 of Regime of Family Allowances Law No 24.714, 1996 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §177-178, 182 & 245 of the Employment Contracts Act, 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | No | 0 | §8 & 10 of the Health & Safety at Work Law No. 19,587 of 1972 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §9(k) of the Health & Safety at Work Law, 1972; § 4(2)(d) of the Workers' Compensation Law, 1995 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §175-176 of the Employment Contract Act, 1976 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §208-212 of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §19-26 & 34bis of the Integrated Retirement and Pension Law, 1993; §02 of the Social Security Law, 2004 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §53 & 98 of the Integrated Retirement and Pension Law, 1993; Ley núm. 23570, de 19 de julio de 1988 | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | §111-119 of the National Employment Act, Act, 1991 | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | §208-212 of the Employment Contract Act, No. 20.744 of 1976 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §27 & 91-99 of the Integrated Retirement and Pension Law No. 24.241, 1993 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §14bis of the Constitution of Argentina, 1994; §172 of the Employment Contracts Act, 1976; §6(c) of the Women Protection Act, 2009 | No Change |
| Does the law prohibit sexual harassment in employment? | No | 0 | §242 of the Employment Contracts Act, 1976; Women Protection Act, 2009; §1071bis of the Civil Code; §119-123 of the Penal Code | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §16 & 43 of the Constitution of Argentina, 1994; Anti-Discrimination Law No. 23,798 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | §176 of the Employment Contracts Act, 1976; §10-11 of the Law No. 11,317 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Law No. 25.994 of 2004; ISSA Country Profile for Argentina | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §187-191, Employment Contract Act 1976; §2, 7 & 17, Law No. 26,390 of 2008 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §16 & 29, National Education Law (n° 26.206 de 2006); §2, Law on Early Education (n° 27.045 de 2014) | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §10 Law No. 26,390/2008; §10-11 of the Law No. 11,317; Decreto 1117/2016 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §15, Constitution 1994; §1-4, Law No. 26,364 of 2008 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | Yes | 1 | §14bis of the Constitution of Argentina, 1994; §01-22 of the Trade Union Law No. 23.551 of 1998 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §14bis of the Constitution of Argentina, 1994; Law No. 14.250 of 1989; Law No. 23.456 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §14bis of the Constitution of Argentina, 1994; §05 of the Trade Union Law No. 23.551 of 1998; §7-14 of the Decree 272/06 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §70 of the Law No. 24.013 of 1991 | No Change |