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Working Hours and Overtime in Argentina

What are the standard working hours in Argentina?

In Argentina, standard working hours are defined as follows:

  • The maximum is 8 hours per day and 48 hours per week.
  • The 48 hours per week may be distributed unevenly during the week, provided that no day exceeds 9 hours and that work does not continue past 1 p.m. on Saturdays.

Working hours are categorized into three types:

1. Daytime work: Work performed between 6:00 a.m. and 10:00 p.m.

2. Night-time work: Work conducted between 9:00 p.m. and 6:00 a.m., limited to 7 hours per day.

3. Mixed: A workday that spans both day and night hours, which reduces proportionally by eight minutes for each night hour worked.

Is overtime governed by law in Argentina? If so, what are the specifics outlined by law?

In Argentina, overtime is governed by law with specific regulations:

  • Overtime is limited to 30 hours per month and 200 hours per year.
  • There must be a weekly rest period of at least 35 continuous hours.
  • Overtime compensation must be at least 50% higher than the normal salary. This percentage can be increased by agreements within the Collective Bargaining Agreement (CBA).
  • If overtime is worked on Sundays, holidays, or after 1 pm on Saturdays, it must be compensated at a rate of at least 100% higher than the normal salary.

How is overtime payment calculated in Argentina?

In Argentina, overtime payment is calculated as follows:

  • Overtime must be paid at a rate of at least 50% higher than the normal salary. This percentage can be increased by the collective bargaining agreement (CBA).
  • Hours worked on Sundays, holidays, or after 1 pm on Saturdays must be compensated at a rate of at least 100% higher than the normal salary.

How many days before the actual start date should the employment agreement be signed for payroll purposes in Argentina?

For payroll purposes in Argentina, the employment agreement should be signed on or before the effective start date at the latest. Additionally, it is crucial to ensure the agreement is signed before the monthly payroll cutoff date, which typically falls between the 10th and 12th of each month at Velocity Global Argentina. This allows for adequate processing time for all hires within that month.

Furthermore, employers must register new employees with the Argentine tax authority ARCA before they begin working. This registration requires specific information from the employment agreement.

Can employment agreements be backdated in Argentina?

No, employment agreements cannot be backdated in Argentina.

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