In Argentina, the termination of employment contracts is strictly regulated by complex labor laws. It's crucial for both employers and employees to understand these regulations.

Lawful Grounds for Dismissal

There are two main categories for lawful dismissal:

1. With Just Cause (Con Causa): This includes employee misconduct such as insubordination, repeated absences, or intoxication at work. It can also be due to economic or organizational reasons like company restructuring or a decline in business.
2. Without Just Cause (Sin Causa): This is the employer's unilateral decision, but it requires the provision of severance pay.

Notice Requirements

The notice periods depend on the employee's length of service:

• For the trial period, it's 15 days.
• For less than 5 years of service, it's 1 month.
• For 5 years or more of service, it's 2 months.

Severance Pay

In the case of dismissal with just cause, no severance pay is due. However, if the dismissal is without just cause, the employee is entitled to severance pay. This is calculated based on their length of service and salary.

Important Considerations

There are a few important considerations to keep in mind:

• Collective Bargaining Agreements: These may provide additional protection for employees.
• Special Protections: Certain groups of employees, such as pregnant women and union representatives, have additional protections against dismissal.

Argentina has a robust legal framework in place to combat discrimination and promote equality, particularly in the workplace.

Protected Characteristics

The primary anti-discrimination law in Argentina, Law No. 23,592, explicitly prohibits discrimination based on race, religion, nationality, ideology, political opinion, trade union affiliation, sex, sexual orientation, gender identity, economic position, social condition, and physical characteristics. This list is not exhaustive, and other grounds such as age and disability are protected under specific laws and provisions of the Argentine Constitution.

Redress Mechanisms

Victims of workplace discrimination in Argentina have several avenues to seek redress. Many companies have internal grievance procedures that allow employees to raise complaints of discrimination. The National Institute Against Discrimination, Xenophobia, and Racism (INADI) is a specialized agency that receives and investigates discrimination complaints. INADI may attempt mediation or impose sanctions on the offending party. Individuals can also pursue legal action through Argentinian courts, potentially seeking compensation for damages and other forms of relief.

Employer Responsibilities

Employers have a crucial role in preventing and addressing workplace discrimination. Their primary responsibilities include establishing and implementing clear policies prohibiting any form of discrimination. They should also proactively promote a culture of diversity, respect, and inclusion to prevent discriminatory incidents. Regular training should be provided to employees and managers on anti-discrimination laws, recognizing discriminatory behavior, and appropriate response mechanisms. Employers must take all complaints of discrimination seriously and conduct thorough and impartial investigations. Where an instance of discrimination is found, employers should take appropriate remedial action.

In Argentina, the National Labour Law outlines the legal standards for working conditions, which include work hours, rest periods, and ergonomic requirements. These standards are enforced by the Ministry of Labor.

Work Hours

The legal working week in Argentina is capped at 48 hours, with a maximum of 8 hours per day. All workers are entitled to a minimum of 35 consecutive hours of rest per week, typically starting after 1:00 PM on Saturdays. Night work, defined as hours between 9 PM and 6 AM, is limited to 7 hours per night. Work environments deemed hazardous or unhealthy by the government further reduce working hours. In such cases, the maximum is 6 hours per day and 36 hours per week.

Rest Periods

While not explicitly mandated by law, short breaks throughout the workday are customary in Argentina.

Ergonomic Requirements

Specific ergonomic regulations are lacking in Argentina. However, general workplace safety is covered under Law No. 19587. This law requires employers to provide a safe work environment and mitigate occupational hazards. Although not explicitly mandated, ergonomic considerations can likely be argued under the umbrella of workplace safety. Additionally, employers seeking to maximize productivity may find it beneficial to invest in ergonomics.

It is advisable to consult with a legal professional specializing in Argentinian labor law for the latest interpretations and specific requirements regarding ergonomic considerations in the workplace.

Argentina has a robust framework of health and safety regulations that prioritize worker well-being. This framework outlines employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

Under Argentine law, employers are required to establish a safe and healthy work environment. The cornerstone legislation, Law No. 19587 on Hygiene and Safety at Work, imposes various obligations on employers. These include:

• Risk Prevention: Employers must identify and assess workplace hazards, implementing preventive measures to minimize risks.
• Safe Work Environment: Employers are responsible for providing a safe physical workspace with adequate ventilation, lighting, and sanitation.
• Personal Protective Equipment (PPE): Employers must furnish employees with appropriate PPE for their specific tasks.
• Training and Information: Employees must be adequately trained on health and safety procedures and informed about potential workplace hazards.
• Medical Examinations: In some cases, employers may be required to provide periodic medical examinations for employees, depending on the nature of the work.

Employee Rights

Employees in Argentina have fundamental rights regarding workplace health and safety:

• Safe Work Environment: Employees have the right to work in a safe environment free from foreseeable risks.
• Refusal of Unsafe Work: Employees can refuse to perform tasks they believe pose an imminent danger to their health or safety.
• Information and Training: Employees have the right to be informed about workplace hazards and receive proper training on health and safety protocols.

Enforcement Agencies

The Superintendencia de Riesgos del Trabajo (Superintendence of Occupational Risks) is the primary agency responsible for enforcing health and safety regulations in Argentina. This agency conducts workplace inspections to ensure compliance with health and safety laws, investigates occupational accidents and diseases, and imposes fines on employers who violate regulations.

Argentina's commitment to worker well-being extends beyond enforcement. The country actively promotes the adoption of Occupational Safety and Health Management Systems (OSHMS) as outlined by the International Labour Organization (ILO).