Global HR
Law Guide
  • Argentina
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Argentina
Australia
John Tuck
John Tuck , Australia
Austria
Bahrain
Samir Kantaria
Samir Kantaria , Bahrain
Belgium
Chris Engels
Chris Engels , Belgium
Brazil
Bulgaria
Borislav Boyanov , Bulgaria
Chile
Enrique Munita , Chile
China
Zheng Xie , China
Colombia
Catalina Santos , Colombia
Croatia
Emir Bahtijarević , Croatia
Cyprus
Czech Republic
Nataša Randlová , Czech Republic
Denmark
Yvonne Frederiksen
Yvonne Frederiksen , Denmark
Estonia
Karina Paatsi , Estonia
Finland
Seppo Havia , Finland
France
Pascal Lagoutte
Pascal Lagoutte , France
Germany
Markus Bohnau , Germany
Greece
Hong Kong
Catherine Leung , Hong Kong
Hungary
Hedi Bozsonyik , Hungary
India
Rohit Kochhar , India
Ireland
Síobhra Rush , Ireland
Israel
Orly Gerbi , Israel
Italy
Kazakhstan
Yuliya G. Chumachenko , Kazakhstan
Latvia
Toms Sulmanis , Latvia
Lithuania
Žilvinas Kvietkus , Lithuania
Luxembourg
Guy Castegnaro , Luxembourg
Mexico
Jorge De Presno , Mexico
Netherlands
Philip Nabben
Philip Nabben , Netherlands
New Zealand
Peter Kiely
Peter Kiely , New Zealand
Norway
Claude A. Lenth , Norway
Papua New Guinea
John Tuck
John Tuck , Papua New Guinea
Peru
Luis Vinatea , Peru
Poland
Portugal
Inês Reis , Portugal
Romania
Roxana Abrasu , Romania
Saudi Arabia
Mohsin Khan , Saudi Arabia
Serbia
Singapore
Desmond Wee
Desmond Wee , Singapore
Slovakia
Dušan Nitschneider , Slovakia
Slovenia
Darja Miklavčič , Slovenia
South Korea
Sang Wook Cho , South Korea
Spain
Roman Gil
Román Gil , Spain
Sweden
Jenny Hellberg , Sweden
Switzerland
Alfred Blesi , Switzerland
Turkey
Erim Bener , Turkey
Ukraine
Oksana Voynarovska , Ukraine
United Arab Emirates
Samir Kantaria
Samir Kantaria , United Arab Emirates
United Kingdom
James Davies , United Kingdom
Venezuela
Victorino Márquez , Venezuela
1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated on 31 March 2023

There are no legal requirements for the wording of a job advertisement to contain particular details about the job. However, em...

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1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated on 31 March 2023

There are no specific legal restrictions on checks an employer may carry out on job applicants. However, employers must be careful not to discriminate against certain candidates. The employer has the right to check personal, educational and...

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1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated on 31 March 2023

Probationary periods are allowed only for permanent indefinite-term contracts and m...

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1.4 Are there special rules about dismissal during a probationary period?
Updated on 31 March 2023

An employer must not use a probation period more than once with the same employee. The employer must also not fill the same position with a succession of employees on probation, as this is considered abusive. D...

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1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated on 31 March 2023

Job applicants may bring claims for unlawful discrimination against a prospective employer based on pre-contractual liability. If the prospect...

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1.6 What processes should be followed in employing foreign workers?
Updated on 31 March 2023

Foreign nationals cannot travel to Argentina without a visa, and the Immigration Office has authorised the entry of foreign nationals only for working or professional reasons. To obtain such a visa, a local employer registered at the Immigr...

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1.7 What records should an employer keep about the employment of foreign workers?
Updated on 31 March 2023

The following documentation is required from employees: a copy of the employee’s passport; a copy of the Argentinean ID (’Documento Nacional de Identidad’) issued by the Interior Ministry in temporary and permanent residence visas; t...

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1.8 Can employers keep their records about candidates they did not hire?
Updated on 31 March 2023

Yes, employers can keep records of candidates they...

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1.9 What questions can’t employers ask in interviews?
Updated on 31 March 2023

Employers must not ask for any personal or private information that is not relevant to t...

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2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated on 31 March 2023

Under Argentinean law, the circumstances of the employment relationship determine whether a person is an employee or a self-employed worker. The legal, technical and economic circumstances are key factors in determining the existence of an ...

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2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 31 March 2023

There are no legal distinctions between types of employees. However, economic dependence is a key factor used to determine employment status and it is t...

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2.3 Are there any special rules that apply to the employment of company directors?
Updated on 31 March 2023

Contract law governs directors. However, directors may opt out of the social security system. If directors have executive responsibilities, they must be considered as employees. Therefore, many dire...

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2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated on 31 March 2023

There is specific law in Argentina relating to part-time contracts. Employers must not treat part-time workers less favourably than full-time, indefinite-term employees. Part-time workers must not work more than two-thirds of the...

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2.5 Are there any rules or restrictions on fixed-term employment?
Updated on 31 March 2023

Under labour law, the employment contract may be for a fixed term. Fixed-term contracts terminate on the expiry of the specific term for which they were agreed, but require between one and two months’ notice. The contract must be formalis...

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2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated on 31 March 2023

If the employer does not give notice or formalise the con...

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2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated on 31 March 2023

Local law does not prohibit the employment of temporary workers through an employment agency. However, if the employer cannot justify the arrangement or if the contract with the third party agency is illegal, temporary work...

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2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated on 31 March 2023

There are no specific legal restrictions on whether an employer may put its employees at the disposal of another...

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3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated on 31 March 2023

There are no formal requirements for indefinite-term contracts, therefore, is not necessary for these contracts to be in writing. However, employees must:   be registered with the Social Security Administration; have a social security...

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3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated on 31 March 2023

It is not common practice in Argentina for the employer to issue an offer letter in addition to the contract, but it is...

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3.3 What language should the employment contract be in?
Updated on 31 March 2023

There are no legal restrictions about the language of the employment contract. However it would be appropriate for the contract to be drafted in the local language, so it can be used more effectively as evidence in the case of a dispute. If...

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3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated on 31 March 2023

For indefinite-term employment relationships, there is no obligation to execute an employment contract in writing. However, the employment contract must not revoke any other employee rights granted by law or collective bargaining agreements...

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3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated on 31 March 2023

It is possible to incorporate, at any time, terms from other agreements or documents, including a collective b...

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3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated on 31 March 2023

The employer is only permitted to unilaterally introduce changes to the employee’s terms and conditions if such changes are reasonable, only affect non-essential labour conditions and do not cause moral or financial harm to the employee. ...

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3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated on 31 March 2023

Employers usually provide employees with various policies and rules.  These typically include:   a code of conduct; a confidentiality policy; an IT policy; email and communications policies; a disciplinary policy; an harassment polic...

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4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated on 31 March 2023

The Committee for the Minimum Wage, composed of representatives from the government, employers and employees, sets national minimum wage rates. Starting from March 2021 full time employees must not earn less than ARS 21,600 per month.�...

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4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated on 31 March 2023

There is no requirement or system for wages to be adjusted for inflat...

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4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated on 31 March 2023

Tax  Income tax and social security must be withheld by the employer from the employee’s salary, together with the employer’s contribution. Payments of the taxes and other contributions to the tax authorities are made by the employe...

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4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated on 31 March 2023

In Argentina, for an employee with an income of EUR 100,000, the rate of income tax is 31% of the employee’s total income. However, if the employee is married with two children, he or she may treat approximately EUR 2,731.87 as non-ta...

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4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated on 31 March 2023

Senior executives are usually rewarded with bonuses according to the organisation’s performance and the executives’ individual achievements. There are no rules restricting how much emplo...

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4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated on 31 March 2023

All employees have the right to a 13th month payment, which is paid in two instalments in June and December. During ...

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4.7 In practice, what benefits are usually offered to employees?
Updated on 31 March 2023

Under employment law, certain social benefits are made available to employees. These are social security services that the employer grants the worker directly or through third parties. These benefits are not considered as salary, not paid i...

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5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated on 31 March 2023

According to employment law, the working day must not exceed eight hours per day and the working week must not exceed 48 hours, except in the following cases: Directors and managers. Team work, provided that during a three-week period the ...

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5.2 If so, is it possible to exceed this limit through agreement?
Updated on 31 March 2023

The Ministry of Labour may provide for exceptions to the regulations and can authorise working time over the limits prescribed by law. The law establishes a ...

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5.3 Are any employees exempt from the rules about working time?
Updated on 31 March 2023

Argentinean working time regulations are applicable to all employees except for directors and managers of...

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5.4 What time recording obligations are there on employers?
Updated on 31 March 2023

The employer must keep a record of overtime worked....

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5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated on 31 March 2023

Argentinean labour law does not prohibit agile working as long as the working time regulations are observed. There are no specific legal rules on agile working, though many companies include provisions regarding agile worki...

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5.6 Are there any limits on overtime work?
Updated on 31 March 2023

The maximum number of overtime hours is restricted to 30 per month a...

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5.7 Do we need to get consent from employees for overtime?
Updated on 31 March 2023

A worker must not be com...

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5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated on 31 March 2023

A worker paid on a monthly basis and performing duties during the week is not entitled to any additional payment if he or she does not exceed the maximum legal limit of 48 hours week or the ...

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5.9 What rules (if any) are there regarding breaks and rest periods?
Updated on 31 March 2023

An employee must not be made to work between 13:00 on Saturdays and midnight on Sundays except where authorised by the Labour Ministry or by any regulation, in which case the worker must be compensated with a rest period of equa...

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5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated on 31 March 2023

Infringements for exceeding daily or weekly limits on working hours or the rules on rest periods are governed by specific laws. Infringements could result in a fine to be paid by the employer. Control...

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6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated on 08 August 2023

The statutory minimum annual leave entitlement ranges from 14 days to 35 days. Note that this includes days falling on the weekend....

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6.2 How much are employees entitled to be paid for annual leave?
Updated on 08 August 2023

During annual leave, each employee has the right to a ‘vacation bonus’. This is calculated by dividing the employee’s...

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6.3 Do employees have a right to paid time off work for public holidays?
Updated on 08 August 2023

Employees are not required to work on national holidays. Those who do work are entitled to a 100% increase on their normal rate of pay. There are normally fifteen public holidays each year in Argentina. They are: 1 January, New Year’s Da...

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6.4 What rules apply to employees who are absent from work on account of sickness?
Updated on 08 August 2023

Employees with less than five years’ seniority are entitled to up to three months’ paid leave per year in the case of illness. If the employee has more than five year...

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6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated on 08 August 2023

As well as the right to double the usual period of paid sick leave, employees who are parents receive a family allowance from the social security administration. The main rights to family-related leave and pay are summarised below. Maternit...

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6.6 What types of leave (other than family or care-related leave) are available?
Updated on 08 August 2023

The law establishes paid leave for: marriage: 10 days; death of spouse, child or parent: 3 days; death of brother or sister: 1 ...

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7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated on 08 August 2023

Employers are responsible for protecting employees and their possessions and for guaranteeing a safe and healthy workplace. This includes a safe workplace, safe equipment and work that is safe for physical and mental wellbeing. Therefore, a...

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7.2 How are health and safety rules regulated and enforced in practice?
Updated on 08 August 2023

Health and safety duties are regulated by extensive legislation. The Labour Ministry can take action to penalise any act or omission in breach of the formal requirements or the recording obligations set out in the health and safety at work ...

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7.3 What are the consequences for employers of breaches of health and safety rules?
Updated on 08 August 2023

If an employer breaches health and safety rules, inspectors from the Labour Ministry can issue an ‘improvement notice’ requiring the breach to be remedied, and the company may be penalised with a fine. The employer’s insurance premium...

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7.4 Can an employer be liable for the activities of third-party contractors?
Updated on 08 August 2023

An employer can be liable for harm caused to employees or other visitors by unsafe premises, where t...

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7.5 If there is a serious work accident, is there a requirement to notify the authorities and what does this involve?
Updated on 08 August 2023

The employer must notify the insurance company covering risks relating to work accidents, who has the legal obligati...

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8. Discrimination
8.1 What kinds of characteristics are protected by discrimination law?
Updated on 08 August 2023

Employment law prohibits discrimination based on any of the following grounds: sex; race; national origin; religion; political or union opinion or affiliation; and age. In addition, anti-discrimination law prohibi...

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8.2 Are there circumstances where it is not discriminatory to treat someone differently when they have (or do not have) one of these characteristics?
Updated on 08 August 2023

It is possible to treat people differently without discriminating against them, depending on the circumstances of each case. The law prohibits arbitrary or unfair discriminatory treatment, but not all differences in treatment. Therefore, un...

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8.3 Is there a duty on employers to avoid 'indirect' discrimination (i.e. where a rule applied to all employees disadvantages a protected group)?
Updated on 08 August 2023

The legal system prohibits indirect discrimination. This kind of discrimination may be less easy to spot than direct discrimination, but it is unlawful nevertheless. Sometimes, a policy, r...

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8.4 Is there an obligation to make reasonable adjustments, e.g. for disabled employees or those with religious beliefs?
Updated on 08 August 2023

Under Argentine labour law an employer must provide all reasonable adjustments to allow a disabled employee to perform his or her duties, but this does not include an obligation to create a special position for such a purpose. A...

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8.5 Is there protection against harassment based on a protected characteristic?
Updated on 08 August 2023

In the private sector there is no specific legislation against harassment. However, general rules against discrimination based on sex can be applied to protect employees against sexual harassment. In addition, ‘mobbing’ is considered fa...

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8.6 Is there protection against victimisation or retaliation (i.e. where an employee is badly treated for having complained about discrimination, or helped someone else complain)?
Updated on 08 August 2023

There are no specific provisions to protect people ag...

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8.7 What are the potential consequences for the employer if a claim for discrimination, harassment or victimisation/retaliation is successful?
Updated on 08 August 2023

The potential consequences of successful claims for the employer depend on the specific situation. If discrimination, harassment, victimisation or retaliation is deemed to amount to indirect dismissal, the employee is entitled to claim a se...

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8.8 If there is a claim for discrimination, how is the burden of proof shared and what are the most commons defences?
Updated on 08 August 2023

According to case law, in discrimination claims the burden of the proof...

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8.9 Can an employer be liable for the discriminatory actions of its employees or third parties (e.g. customers or suppliers)?
Updated on 08 August 2023

Employers are liable for the acts of employees that occur in the course of perfo...

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8.10 Are there statutory gender pay gap reporting obligations in your country?
Updated on 08 August 2023

There are no statutory obligations regarding gender pay gap reporting in Argentina. There is a consti...

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8.11 What legal obligations do employers have to protect the mental health of their employees? Are mental health conditions a protected characteristic, in terms of protection against dismissal or from discrimination? What are the legal obligations of employers where a mental health condition is protected by law?
Updated on 08 August 2023

Argentinean law requires employers to take all necessary measures to ensure the mental and physical integrity of their employees, and they are responsible in the event of a breach of this duty. Along with the employer´s duty to guarantee t...

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8.12 In practice, how common are discrimination claims by employees?
Updated on 08 August 2023

Discrimination claims are very common in Argentina, especially cases of discrimination based on union activity, f...

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8.13 What are the typical amounts of awards made in cases of unlawful discrimination?
Updated on 08 August 2023

No statutory provisions exist regarding the amount of compensation for unlawful discrimination, and the amounts ...

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9. Employee Data Privacy
9.1 Are there rules on the protection of employee information?
Updated on 08 August 2023

There are no rules that are specific to the protection of employee information, but general data protection law protects employees’ personal information. The law defines personal data as any information about a living individual or a lega...

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9.2 What are the consequences if an employer breaches these rules?
Updated on 08 August 2023

Under data protection law, if an employer fails to comply with the rules, the National Direction of Personal Data Protection, a statutory regulator, can apply sanctions and impose fines from ARS 1,000 to ARS...

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9.3 In practice, how can an employer collect and process confidential employee information?
Updated on 08 August 2023

The employer must comply with labour, health and safety and social security laws. In order to do so, the following information must be collected at the beginning of any labour relationship: employee personal details; the employee’s famil...

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9.4 What are the restrictions (if any) on the monitoring of employees?
Updated on 08 August 2023

There are no significant restrictions on monitoring as long as the surveillance is not carried out in a discriminatory way, is reasonable and does not constitute an invasion of privacy. The local labour administration (‘Ministerio de Trab...

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9.5 What is the legal position with regard to the use of social media in the workplace and when employees are off duty?
Updated on 08 August 2023

The use of social media either at work or when off duty is not regulated by law. It is therefore advisable for employers to implement policies regarding the use of Facebook, Twitter, MySpace, Bebo and other social media.  The employer shou...

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9.6 Is there any protection for employees who 'blow the whistle' on what they think are unlawful or immoral activities?
Updated on 08 August 2023

There is no special protection for whistle-blowing in...

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10. Employee Competition and Confidentiality
10.1 How can an employer ensure employees keep work-related information confidential?
Updated on 08 August 2023

Argentinian employment law establishes a general duty of fidelity in all contracts of employment. As a result, an employee must keep work-related information confidential. This duty of confidentiality exists in relation to the following typ...

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10.2 How can an employer ensure employees do not act in competition with it?
Updated on 08 August 2023

Under Argentinian law, the employee is bound by a duty of fidelity during the employment relationship and is expected to act in good faith during the relationship. The law states that the employee must observe all the duties of fidelity tha...

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10.3 Once employment has ended, can an employer restrict the use of confidential information by employees?
Updated on 08 August 2023

After the employment contract has ended, employers can protect confidential information by including post-termination restrictions on an employee’s activities in the employment contract. These clauses are called ‘restrictive covenants�...

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10.4 Once employment has ended, can an employer prevent employees from acting in competition with it?
Updated on 08 August 2023

Non-compete clauses are becoming common in Argentinian employment practice, especially for directors and senior employees. In order to be enforceable, these clauses must be reasonable and not excessive an...

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11. Worker Representation
11.1 What is the role of trade unions in your jurisdiction?
Updated on 25 October 2022

Trade unions represent most types of workers in Argentina, sometimes including executives and professionals. The right to represent workers is awarded by the Ministry of Labour by means of a resolution of recognition called a ‘Personeria ...

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11.2 Do workforces tend to be unionised?
Updated on 25 October 2022

According to the most recent studies, as of 2021 27% of the formal workforce is unionised. ...

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11.3 Does an employer have to work with an established trade union? If there is no union, must an employer establish or recognise one?
Updated on 25 October 2022

Only officially recognised trade unions can represent the collective interests of employees. As a...

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11.4 What role do employee representative bodies have in the workplace? Is there an obligation to inform and/or consult? Do they have any decision-making powers? When is an employer required to recognise or set up an employee representative body?
Updated on 25 October 2022

Employees who are represented by a trade union can elect representatives to further their interests. The number of representatives is determined as follows: If an organisation has between 10 and 50 employees, one representative may be elect...

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11.5 What legal restrictions are placed on trade unions in terms of organising strikes and other industrial action?
Updated on 25 October 2022

The right to strike is protected, but only recognised trade unions may call a strike. This legal principle was confirmed in June 2016 by the Supreme Court. Before deciding to go on strike or lockout, the parties must follow a certain proced...

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12. Termination of Employment
12.1 On what grounds can an employer lawfully terminate employment?

In Argentina, based on the Constitution, the employer may terminate an employment contract without cause but must pay mandatory severance pay. If the termination is discriminatory and therefore unlawful, the employee will be entitled to req...

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12.2 What employee protection exists where an employer terminates without lawful grounds?

Employment is presumed to be for an indefinite term and can be terminated by the employer without penalty only for cause. Employees hired for an indefinite term who have mo...

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12.3 What is the legal or best practice process for terminating and what happens if an employer fails to follow it?

The employer may terminate an employment relationship with or without cause. If the employer is ending the relationship without cause, the law provides that the employer must give appropriate prior notice of termination. If the employer is ...

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12.4 Are there any special protections against dismissal?

Certain reasons for dismissal are automatically considered unfair. If one of these reasons applies, the legal rules about fair procedure are not relevant.  There are particular rules prohibiting the termination of union representative ...

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12.5 What is the minimum notice period? Are there circumstances where an employee may be entitled to longer?

There are different notice periods according to the employee’s length of service: one month for service of up to five years; and two months for service over five years. During the trial period for indefinite-term cont...

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12.6 Can an employer summarily dismiss by making a payment in lieu of notice? Is summary dismissal ever possible without payment in lieu?

Employers can make a payment instead of the required notice. Typically, employers do not provide prior notice and often make payments in lieu of notice. The payment is subject to inc...

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12.7 What happens if an employee resigns? Could this be regarded as constructive dismissal?

No. The resignation is regarded as a voluntary termination of the employment, ...

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12.8 Is it possible to retire an employee compulsorily?

It is possible to retire an employee compulsorily in the following circumstances: the employee has at least 30 years of pension contributions and is therefore entitled to receive retirement ben...

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12.9 What payments must be made to an employee on termination of employment?

The employer must pay one month’s remuneration for each year of service or any period longer than three months, based on the ‘highest normal, habitual salary’ accrued during the last year of service. For example, if the employee has w...

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12.10 How can an employer settle claims against it by an employee?

An employer can settle purely contractual claims by agreement with the employee, but this can be challenged as invalid by the employee, unless it meets certain conditions. ‘Separation agreements’ by mutual consent must be made before a ...

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13. Collective Dismissals
13.1 Must employers consult with employees about multiple dismissals and how many dismissals trigger this requirement?
Updated on 26 October 2022

Employers can generally decide to close plants and terminate employees without consultation, provided they make full severance payments to the affected employees. If the employer can show that there is a downturn in work volumes or force m...

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13.2 What information must be provided about the dismissals? When must it be given and to whom?
Updated on 26 October 2022

When collective dismissals are expected, the employer should initiate a crisis prevention procedure by informing ...

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13.3 Is there a legal process for consultations? How long do consultations take in practice?
Updated on 26 October 2022

In a crisis prevention procedure, the employer must submit a plan to the Ministry of Labour. Within two days, the Ministry will invite the  employer and the union to a hearing at the Ministry of Labour, and there will be a first attempt at...

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13.4 What happens if the employer fails to comply with the information and consultation requirements?
Updated on 26 October 2022

If the employer does not invoke the special ‘crisis prevention procedure’ that applies to mass redundancies for economic reasons or reasons of force majeure, it w...

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13.5 Is there a statutory selection order that must be applied when a number of dismissals take place?
Updated on 26 October 2022

The employer must start with dismissals of employees with ...

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13.6 Are there any additional payments to make to employees in cases of collective redundancy?
Updated on 26 October 2022

The severance payment for collective redundancy amounts to half of the severance payment ...

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14. Business Transfers
14.1 Are employees protected if the identity of their employer changes following a share takeover?
Updated on 01 November 2022

By law, if a share takeover does not reduce the liability of the existing employer, there is no specific protection for employees. Employees only have a right to stop working and make a claim for constructive dismissal if a s...

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14.2 Are employees protected if the business in which they work is sold to a new employer? Are they protected if a service is outsourced or the business is partially transferred?
Updated on 01 November 2022

Sale of a business  If a business is sold, the existing labour relationships will continue with the new employer on their existing contractual terms and conditions. The buyer company must take account of length of service with the old...

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14.3 If employees are protected upon transfer of the business to a new employer, what are the duties of the old and new employer?
Updated on 01 November 2022

Where a business is transferred, all the obligations arising from the employment contract between the transferor and employee at the time of the transfer pass to the transferee. The employment contract continues with the transferee and the ...

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14.4 Can employees object to transferring to a new employer?
Updated on 01 November 2022

Employees can challenge a transfer if their employment conditions change substantially. If that is the case, they may make a claim for constructive dismissal. If successful, they will be entitled to mandatory severance.  An employee...

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14.5 What happens to the terms of the employment contracts? What happens to employee benefits that are not part of the employment contract (e.g. bonuses)?
Updated on 01 November 2021

Terms  The terms of employment and all rights and obligations under it transfer to the transferee.  A transfer does not constitute grounds to change the terms of employment contracts. Employment terms can only be changed in accordance wit...

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14.6 What liabilities transfer to the new employer? Is there joint liability with the old employer?
Updated on 01 November 2022

The transferor and transferee are jointly and severally liable for employment obligations existing at the time of the transfer. This applies whether the transfer is temporary or permanent, whether or not the trans...

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14.7 What happens to any collective agreements? Do they transfer to the new employer?
Updated on 01 November 2022

In both transfers of businesses and transfers of employment contracts, collective agreements remain in force and cannot be chan...

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14.8 Can employers make changes to people's employment contracts?
Updated on 01 November 2022

In general terms, the employer has the power to introduce any changes it likes to the form and content of the employment contracts, provided they do not involve an unreasonable exercise of that power, alter the essential terms of the contr...

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14.9 When can employees be safely dismissed during or after a transfer?
Updated on 01 November 2022

There is no statutory term (apart from the notice period for dismissal) that employers need to observe before they can carry out redundancies. Thus, the transf...

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14.10 Is there a requirement to consult with employees (or their representatives) upon a business transfer? Who must employers consult?
Updated on 01 November 2022

There is no legal requirement to consult with employees or their representatives before a business transfer takes place. However, employees are often given notice that their labour relationships will continue with the buyer from the ...

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14.11 What information must employers provide before transfer?
Updated on 01 November 2022

The name of the new employer, the date on which the transfer will become effective and details of the employees’ ...

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14.12 What does a consultation involve and how long does it last in practice?
Updated on 01 November 2022

There is no obligation to consult, but in practice it may be wise to do so if the business activities are going to change, people’s jobs will alter, or if the business is going to be reorganised in such a way that this increases the ris...

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14.13 What happens if an employer fails to inform and consult properly?
Updated on 01 November 2022

In the case of a ‘transfer of establishment’, if an employer fails to inform employees about the transfer, the employee demand to be given information and/or consider that he or she has been dismissed.  In the ca...

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14.14 What happens to the works council and other employee representatives upon the transfer of a business?
Updated on 01 November 2022

Argentina labour law does not provide for work councils. Employee representatives will continue their position and duties with the new employer. ...

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15. Pensions
15.1 Are employees entitled to receive state pension benefits? If so, what are their basic rights under the state pension?
Updated on 26 October 2022

In 2008, Argentina returned to using a pay-as-you-go system (‘PAYG’) for retirement, based on the ‘redistribution principle’. In general terms, the following conditions apply to mandatory retirement: workers must have made ...

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15.2 Is there a requirement for employers to provide employees with access to a pension scheme? If so, are there any minimum legal requirements for that pension scheme?
Updated on 26 October 2022

The only requirement for an employer, with regards to providing access to a pension scheme, is to pay the mandatory contributions to the Social Security Administration. When an employee has reached the retirement age of 70 ...

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15.3 Can an employer fund and operate its own pension scheme for its employees? If so, how might the scheme operate?
Updated on 26 October 2022

An employer may not fund and operate its own pension scheme instead of the state pension scheme, as the state l...

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15.4 Is there a requirement to consult with employees (or their representatives) about proposed changes to an employer's pension arrangements? If so, what are the consultation requirements?
Updated on 26 October 2022

An employer has statutory duty to consult affected employees in connection with any change to a private pension scheme, except where ...

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15.5 In general terms, what is the tax treatment of pensions in your country?
Updated on 26 October 2022

In Argentina, pensions are given the same tax treatment as salary and so the income an individual earns from pens...

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15.6 What, if anything, needs to be put in the contract of employment about pensions' entitlement?
Updated on 26 October 2022

Nothing needs to be put in t...

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16. Investigations & Performance Management
16.1 When must an employer conduct an investigation and what are the investigations normally about?
Updated on 01 November 2022

An investigation must be conducted before any disciplinary action may be taken for a breach of the employment contract, a breach in the duties ...

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16.2 Are employees obliged to report suspected misconduct or is this left up to their good will?
Updated on 01 November 2022

Yes, employees are obliged to report any suspected misconduct. It is best practice for employers to remind employees o...

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16.3 How soon must the employer start an investigation and how must it conduct it?  
Updated on 01 November 2022

The law does not establish any specific deadline to start the investigation after the alleged misconduct. However, it requires that the disciplinary action must be ‘contemporary’ to the misconduct, so the sooner the ...

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16.4 Do employees have to participate in an investigation conducted by the employer?  
Updated on 01 November 2022

Employees are not obliged to participate in an investigation conducted by an employer, but the employee must cooperate...

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16.5 Can the employee be represented by a lawyer in the investigation?   
Updated on 01 November 2022

Yes, but it does not happen frequently except in the most serious cases.  ...

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16.6 Must the employer show the employee all the evidence?  
Updated on 01 November 2022

Yes, in order to adequately support the eventual disciplinary action.  ...

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16.7 Is there a separate regime for ‘whistleblowing’  and if so, what does it cover? 
Updated on 01 November 2022

There is no special protection for whistle-blowing in the law, and employers are not required to put systems in place to allow for anonymous reporting.   ...

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16.8 What are the processes for dealing with low performance? 
Updated on 01 November 2022

The standards and procedures for low performance are a series of disciplinary actions that can take place gradually. The first step is a verbal warning, followed by a written warning, and then suspension without payment of salary....

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16.9 Are there statutory rules about how grievances should be handled?
Updated on 01 November 2022

There are no statutory rules regarding employee grievances, but the employer can be bound by an internal policy for handling grievances. The employer can decide whether or not grievances are or can be anonymous, and can establi...

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1. Recruitment
1.1 Do advertisements for jobs require any particular wording or details about the job?
Updated on 31 March 2023

There are no formal requirements in relation to the form or content of job advertisements in Australia. Nevertheless, it is important to ensure that advertisements and statements made in the course of pre-employment negotiations are not mi...

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1.2 What checks can an employer carry out about the background (including social media checks) and health of job applicants and at what stage in the hiring process? Can employers ask for references?
Updated on 31 March 2023

In broad terms it is permissible for an employer to conduct reference and qualification checks in the context of a recruitment process. This can include seeking information about a job applicant’s previous work history and confirmation...

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1.3 Can employment be made subject to a probationary period? If so, how long for?
Updated on 31 March 2023

In principle, it is permissible in Australia to make employment subject to a period of probation, and there are no formal rules as to the duration of any such period. At the end of the probationary period the employer may terminate t...

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1.4 Are there special rules about dismissal during a probationary period?
Updated on 31 March 2023

See section 1.3 above. ...

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1.5 Can job applicants bring claims against the prospective employer? What might they claim for?
Updated on 31 March 2023

Anti-discrimination legislation in all Australian jurisdictions makes it unlawful to discriminate against potential employees, as well as against actual employees. For example, it is unlawful for an employer to take ‘adverse action’...

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1.6 What processes should be followed in employing foreign workers?
Updated on 31 March 2023

Individuals who are not Australian citizens can work in Australia only when they possess a valid visa which enables them to undertake the work in question. It is important, therefore, for prospective employers to ensure that job applicant...

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1.7 What records should an employer keep about the employment of foreign workers?
Updated on 31 March 2023

Employers should keep records of any relevant information relating to the sponsorship of a foreign worker. This includes any correspondence with the Departme...

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1.8 Can employers keep their records about candidates they did not hire?
Updated on 31 March 2023

Potential privacy law issues can arise in circumstances where an applicant provides personal information to a prospective employer and that applicant is not hired, and the business intends to store or otherwise use that information. As note...

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1.9 What questions can’t employers ask in interviews?
Updated on 31 March 2023

Employers cannot ask questions in job interviews which evince, or might be taken to evince, an intention unlawfully to discriminate against a prospective employee. This would, for example, preclude questions about an applicant’s trade uni...

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2. Employment Contracts
2.1 What determines whether an individual is an employee or an independent contractor and what is the practical difference?
Updated on 31 March 2023

Characterising work relationships Australian courts have adopted a number of ‘tests’ in order to determine whether a particular work relationship is one of employer and employee or of principal and contractor. The traditional approach w...

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2.2 Are there any other key distinctions between types of employees (e.g. blue collar, white collar, or sales representatives) and what practical difference does this make?
Updated on 31 March 2023

Almost all employees in Australia have their terms and conditions of employment regulated to a greater or lesser extent by federal or state industrial legislation. In particular, the great majority of employees fall within the scope of the ...

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2.3 Are there any special rules that apply to the employment of company directors?
Updated on 31 March 2023

It is common practice for a company director to be classified as either an executive director (who is also an employee of the company) or a non-executive director (who is not an employee of the company). Whether or not a director is also an...

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2.4 Are there any rules about part-time employment and do employees have a right to request part-time or flexible arrangements?
Updated on 31 March 2023

Part-time employment Under Australian law, employees who ordinarily work 38 hours or less per week are commonly described as ‘part-time’ employees, including in awards and agreements made under the Fair Work Act. Around 30% of all emplo...

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2.5 Are there any rules or restrictions on fixed-term employment?
Updated on 31 March 2023

Fixed-term contracts Employers and employees are generally at liberty to enter into contracts that are expressed to remain in force until the occurrence of some pre-determined event such as a specified date or the completion of a specified ...

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2.6 When is a fixed-term employment contract converted into an indefinite-term contract?
Updated on 31 March 2023

Fixed-term employment may convert into open-ended employment in a range of circumstances. The most straightforward is where the employer and employee formally negotiate such a conversion. Conversion may also occur where an employee has been...

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2.7 What are the legal and practical implications of engaging temporary workers through an employment agency?
Updated on 31 March 2023

The engagement of temporary workers through an employment agency or supplier is commonly referred to in Australia as ‘labour hire’. It typically involves the supplier providing a service to another organisation (‘host’) by supplying...

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2.8 Can the employer put its employees at the disposal of another company? If so, what restrictions apply?
Updated on 31 March 2023

Employers (‘first employer’) may also enter into arrangements whereby some of their employees are ‘loaned’ or ‘seconded’ to another employer (‘second employer’), such as a fellow member of a corporate group. Such arrangement...

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3. Terms and Conditions
3.1 Is it necessary to provide a written employment contract? If so, what terms must be in the contract and when must the contract be provided?
Updated on 31 March 2023

Employment contracts in Australia can be written, oral, or a combination of the two. They may also include terms implied by law and by conduct.   It is not strictly necessary for employment contracts to be in writing. It is, howeve...

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3.2 Is it common in your country to issue an offer letter in addition to the employment contract?
Updated on 31 March 2023

It is common practice for an offer letter to set out core terms and conditions of employment and upon acceptance, to become the employment contract. Sometimes the offer letter is accompanied by a separate document which the employ...

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3.3 What language should the employment contract be in?
Updated on 31 March 2023

Employment contracts can be in any language. For obvious practical reasons, it is preferable that they be in English.  Furthermore, Australian law requires employers to make and keep ‘employee records’ in relation to a rang...

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3.4 Are there any terms that are always implied into an employment contract, even if they are not set out in writing? What are they?
Updated on 31 March 2023

Contracts of employment in Australia may contain terms implied by law and terms implied by conduct. Both forms of implied terms will yield to express provisions to the contrary. They will also yield to any inconsistent provision of a statut...

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3.5 Does the written contract of employment have to contain all the terms and conditions of employment or is it possible to incorporate terms from other agreements or documents?
Updated on 31 March 2023

It is possible to incorporate terms from other agreements and documents, including industrial instruments, into a contract of employment. This is most effectively done by expressly referring to the relevant agreements and documents in the...

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3.6 What are the legal considerations when an employer wants to make changes to employees’ terms and conditions?
Updated on 31 March 2023

Variation of an employment contract requires the agreement of both the employer and the employee. An employment contract cannot unilaterally be varied. Any attempt to do so is likely to constitute a breach that would enable the emplo...

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3.7 What documentation is normally made available to the employee in addition to contractual documents? How are non-contractual documents distinguished from contractual ones?
Updated on 31 March 2023

Employer policies and procedures are commonly made available to employees at the beginning of employment, and may be supplemented or varied during the currency of the employment relationship. Typically, employment contracts will...

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4. Compensation and Benefits
4.1 Is there a minimum wage? Does it have to be paid through basic salary only, or can other payments made to the employee (e.g. tips, bonuses, housing allowance etc) be included?
Updated on 31 March 2023

The great majority of Australian employees are covered by one of 122 ‘modern awards’. These awards set minimum terms and conditions of employment for the employees who fall within the coverage of the award in question. Failure to ...

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4.2 Are wages automatically adjusted in line with inflation? If so, how does this work?
Updated on 31 March 2023

Minimum wages are not automatically adjusted in line with inflation. However, the Fair Work Commission must take inflation into account when setting minimum wage rates under the NMWO and through variations to modern award minim...

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4.3 In outline, what tax and social security obligations are on the employer and employee and what arrangements must be put in place to ensure these are met?
Updated on 31 March 2023

Tax  Under the Pay As You Go system, Australian employers are required to withhold tax at a specified rate from any payments made to an employee. The employer must remit this amount to the Australian Taxation Office (‘ATO’). T...

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4.4 What is the rate of income tax and social security for an employee with an income of EUR 100,000, married with two children?
Updated on 31 March 2023

Income tax deduction  EUR 100,000 equates to approximately AUD 165,000. For an employee who is married with two children and earning this salary, and without accounting for any other factors affecting income tax thresholds and rates...

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4.5 Are there rules governing the payment of bonuses? What type and size of bonuses are common in practice? If someone leaves, is it possible to claw back bonus already paid out?
Updated on 31 March 2023

Bonus entitlements (if any) will be regulated by any applicable awards, enterprise agreements or individual employment contracts, and/or by employer policies. These instruments and policies commonly (but not invariably) provide ...

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4.6 Are employers required to provide any particular benefits to employees (other than pension contributions)? If so, what are they?
Updated on 31 March 2023

The National Employment Standards (‘NES’) set out in the Fair Work Act comprise minimum terms and conditions that apply to all employees. They include provision for annual leave, carer’s/personal leave, compassionate leave, par...

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4.7 In practice, what benefits are usually offered to employees?
Updated on 31 March 2023

Australian employees are commonly (but by no means invariably) provided with access to salary sacrifice arrangements (‘SSA’) whereby they contractually agree to give up part of their salary in exchange for a benefit of a similar value. ...

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5. Working Hours
5.1 Is there a limit on daily and/or weekly working hours?
Updated on 31 March 2023

There is no comprehensive legal limit on daily hours of work, although industrial instruments (modern awards and enterprise agreements) may impose restrictions on daily hours of work, and requiring employees to work excessive hours ma...

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5.2 If so, is it possible to exceed this limit through agreement?
Updated on 31 March 2023

It is not permissible for an industrial instrument to exclude any provision of the NES, and any contractual provision that purported to derogate from the NES would be unlawful. It follows that it would not be possible to exceed the wee...

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5.3 Are any employees exempt from the rules about working time?
Updated on 31 March 2023

The minimum terms and conditions in relation to working time as set out in sections 5.1 and 5.2 above apply to all employees who fall within the Fair Work Act. This means that they apply to the overwhelming majority of employees...

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5.4 What time recording obligations are there on employers?
Updated on 31 March 2023

The Fair Work Act and the accompanying Regulations set out detailed requirements in relation to the keeping of employee records and the provision of pay slips to employees.    The required records must include basic information...

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5.5 Does the law allow for or encourage agile working (having self-managing interdisciplinary teams with employees switching between them based on company requirements; flexible working time; open-plan offices; increased remote working)? If so, what are the rules?
Updated on 31 March 2023

Self-management, open-plan offices and remote working  Generally, the capacity of employers to provide open-plan offices or self-managing interdisciplinary teams is a matter of managerial discretion, providing that the arrangement is ot...

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5.6 Are there any limits on overtime work?
Updated on 31 March 2023

As indicated in section 5.2 above, any request by an employer that an employee work additional hours must be ‘reasonable’ under the criteria set out in the law. The law does not, however, set a specific limit on the...

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5.7 Do we need to get consent from employees for overtime?
Updated on 31 March 2023

The law does not contain any express requirement that the employer obtain consent from employees to work additional hours or overtime. However, as set out in section 5.2 above, an employee may refuse to work additional hours if they...

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5.8 Is there a specific rate of pay that applies to overtime? If so, please specify.
Updated on 31 March 2023

There is no legislative provision which dictates how overtime is to be paid. Industrial instruments or employment contracts will typically set out the relevant rates of pay, including overtime rates.  Such rates are generally cal...

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5.9 What rules (if any) are there regarding breaks and rest periods?
Updated on 31 March 2023

Labour legislation does not expressly provide a statutory entitlement to breaks or rest periods.   Meal breaks are commonly dealt with in industrial instruments or contracts of employment, most often in terms to the effect that a...

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5.10 What are the consequences for an employer of: (a) exceeding the limits on daily/weekly working hours; and (b) breaking the rules on breaks and rest periods?
Updated on 31 March 2023

Working hours  A contravention of the rules regarding working hours set out in the NES, a modern award or an enterprise agreement constitutes a contravention of a civil remedy provision of the Fair Work Act. An affected employee, th...

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6. Time Off Work
6.1 What is the minimum entitlement to annual leave?
Updated on 15 August 2023

Under Australian law all employees (except casual employees) are entitled to a minimum of four weeks of paid annual leave per year. Those who are characterised as ‘shiftworkers’ are entitled to an additional week of paid�...

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6.2 How much are employees entitled to be paid for annual leave?
Updated on 15 August 2023

Payment in respect of statutory annual leave is calculated at the employee’s base rate of pay for their ordinary hours of work. It therefore does not include any overtime, penalty rates, or&nbs...

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6.3 Do employees have a right to paid time off work for public holidays?
Updated on 15 August 2023

Employees who would ordinarily work on a day that coincides with a public holiday are entitled to be absent from work and to receive payment at their base rate of pay for their ordinary hours of work on that day. Casual employees who are no...

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6.4 What rules apply to employees who are absent from work on account of sickness?
Updated on 15 August 2023

All employees (except casual employees) are entitled by law to ten days of paid personal/carer’s leave per year. Personal/carer’s leave can be taken:  when the employee is unable to work due to personal illness or injury; or  to pr...

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6.5 What are the arrangements for family-related leave and pay? In practice, do employers provide the minimum only, or might they make more generous arrangements?
Updated on 15 August 2023

Unpaid parental leave  The law provides for unpaid parental or adoption leave. Employees with at least 12 months of continuous service are entitled to up to 12 months’ unpaid leave relating to the birth or adoption of a child who is in t...

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6.6 What types of leave (other than family or care-related leave) are available?
Updated on 15 August 2023

Long service leave (‘LSL’)   This is a distinctively Australian form of leave entitlement which was originally intended to provide colonial public servants with an opportunity to take an extended period of leave in the ‘home country...

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7. Health and Safety
7.1 Broadly, what are the minimum legal standards that an employer must meet to ensure the safety of employees?
Updated on 15 August 2023

In Australia, there is no single work health and safety (‘WHS’) law that applies across the country. However, the WHS laws in each of Australia’s nine jurisdictions are very similar, and seven of them have enacted a model Work Health ...

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