Employer of Record in Argentina

An Employer of Record (EOR) in Argentina helps you hire employees there without setting up a local entity. This means you can build your team in Argentina while the EOR handles all the legal and HR work. They become the legal employer on paper, managing payroll, taxes, benefits, and compliance with local labor laws. You still manage your employee's day-to-day work. If you want to explore EOR services, you can check out a provider like Rivermate.

How an Employer of Record (EOR) Works in Argentina

Using an EOR in Argentina simplifies your expansion. Here is how the process typically works:

• You Find the Talent: You recruit and select the candidate you want to hire in Argentina.
• The EOR Hires Your Candidate: The EOR's local entity in Argentina legally hires the employee on your behalf. They draft a compliant employment contract that meets Argentine labor regulations.
• Onboarding and HR: The EOR manages the entire onboarding process. They handle all the necessary paperwork, including registering the employee with the social security and tax authorities.
• Payroll and Benefits: The EOR processes payroll, ensuring your employee gets paid accurately and on time. They also manage statutory benefits like health insurance, pension contributions, and paid leave.
• Ongoing Compliance: The EOR stays up-to-date with Argentina's labor laws, so you don't have to. They manage ongoing HR tasks and ensure everything remains compliant.

Why use an Employer of Record in Argentina

Using an EOR in Argentina offers a practical way to grow your team without the headaches of international expansion. It allows you to enter the market quickly and efficiently while minimizing risks.

• Avoids Local Entity Setup: You can hire in Argentina without the time and expense of establishing a legal entity there.
• Ensures Legal Compliance: EORs have local expertise. They navigate Argentina's complex labor laws to keep you compliant and avoid legal issues.
• Simplifies HR and Payroll: The EOR handles all administrative tasks, including payroll, tax withholdings, and benefits management.
• Reduces Risk: An EOR assumes the legal responsibilities of an employer, reducing your liability.
• Faster Market Entry: You can onboard new employees in a fraction of the time it would take to set up your own company.

Rivermate's transparent pricing model eliminates complexity with a single, competitive monthly fee per employee. Unlike traditional PEO providers, our pricing in Argentina includes comprehensive HR support, benefits administration, compliance management, and access to our proprietary dashboard for real-time workforce analytics. No hidden costs, no setup fees—just straightforward pricing that scales with your business needs while ensuring full legal compliance in Argentina.

Hiring in Argentina means tapping into a skilled and dedicated workforce. But, you need to understand the local labor laws. Argentine law strongly protects employees, so it is important to get the details right from the start. This guide will walk you through the key things you need to know.

Employment contracts & must-have clauses

While you can have a verbal agreement for permanent, full-time roles, we always recommend a written contract. A written document makes everything clear for both you and your employee. For part-time or fixed-term jobs, a written contract is mandatory.

Make sure your employment contracts in Argentina include these key details:

• Your company's information
• Employee's personal information
• Start date of employment
• Job title and a clear description of responsibilities
• Work schedule and location
• Salary and how often you will pay it
• Probationary period details

Probation periods

In Argentina, you can include a probationary period in your indefinite-term contracts. This period lets both you and the new hire decide if the fit is right.

The standard probation period is now six months. During this time, either you or the employee can end the contract with 15 days' notice. If you part ways during probation, you do not have to pay severance.

For smaller companies, the probation period can sometimes be longer. Collective bargaining agreements can also affect the length of the probation period.

Working hours & overtime

The standard workweek in Argentina is 48 hours, typically spread over eight hours per day.

Here are the key points on working hours and overtime:

• Standard Hours: Capped at 8 hours per day and 48 hours per week.
• Overtime Limits: You can't ask an employee to work more than 30 hours of overtime a month, or 200 hours a year.
• Overtime Pay: You must pay 50% more than the regular hourly rate for overtime on normal workdays. For overtime on holidays or rest days, the rate is 100% more.

Public & regional holidays

Your employees in Argentina are entitled to paid time off for national public holidays. It's a good idea to keep a calendar of these holidays to plan work schedules.

Here is a list of national public holidays in Argentina for 2025:

Hiring contractors in Argentina

You can hire independent contractors in Argentina for specialized projects and short-term needs. This can give you flexibility. However, you must classify workers correctly.

Argentine law presumes a worker is an employee unless you can prove otherwise. If a court decides you have misclassified a contractor as an employee, you could face serious consequences. These can include paying back taxes, social security contributions, and providing all the benefits of a full-time employee.

An Employer of Record (EOR) helps you avoid these risks. We hire employees on your behalf, making sure everything is compliant with Argentine labor law. This way, you get the talent you need without the legal headaches. We handle contracts, payroll, benefits, and taxes, so you can focus on growing your business.

Navigating compensation and payroll in Argentina requires a clear understanding of local regulations. The system has several unique features you need to know. One of the most important is the "Aguinaldo," a mandatory 13th-month salary. This bonus is paid in two installments, one in June and the other in December. Argentina's economy can be unstable, so it's common practice to regularly update employee salaries to keep up with inflation.

Payroll cycles & wage structure

In Argentina, you must pay employees monthly in Argentine Pesos. Payments are due within the first four working days following the end of a pay period. For employees who work on an hourly or daily basis, you can pay them weekly or bi-weekly.

The wage structure in Argentina includes several key components:

• Basic Salary: The fixed part of an employee's compensation.
• Aguinaldo: The mandatory 13th-month bonus.
• Allowances: Additional payments for things like transportation or meals.
• Benefits: These can include paid time off, sick leave, and parental leave.

Overtime & minimums

When employees work beyond the standard work hours, you must pay them overtime. The government sets a national minimum wage, which is adjusted periodically to account for inflation. As of March 2023, the minimum wage was ARS 69,500 per month.

Employer taxes and contributions

As an employer in Argentina, you are responsible for making social security contributions on behalf of your employees. These contributions fund various social programs.

Employee taxes and deductions

Employees in Argentina also contribute a portion of their gross salary to social security. You deduct these contributions directly from their pay.

In Argentina, employee benefits and leave are a mix of government-mandated requirements and supplemental perks. You'll find that the law provides a strong foundation of protections and time off for employees. This includes paid vacations, various types of leave, and a "13th-month" salary. Many companies also offer extra benefits to attract and keep talented people. Understanding these local rules is key to hiring in Argentina.

Statutory leave

Argentinian law provides several types of paid leave for employees.

• Annual Leave: You must give your employees paid vacation time. The amount of time off increases with their years of service.

  • Less than 5 years of service: 14 days.
  • 5 to 10 years of service: 21 days.
  • 10 to 20 years of service: 28 days.
  • Over 20 years of service: 35 days.

• Maternity and Paternity Leave: Female employees get 90 days of paid maternity leave. The non-birthing partner is entitled to 2 days of paid paternity leave.

• Sick Leave: Paid sick leave depends on how long the employee has worked for you.

  • Less than 5 years of service: 3 months of paid leave.
  • More than 5 years of service: 6 months of paid leave.

• Other Leave: The law also provides paid time off for other life events.

  • Marriage leave: 10 days.
  • Bereavement leave: 3 days for the death of a close family member.
  • Study leave: 2 days per exam, with a maximum of 10 days per year.

Public holidays & regional holidays

Argentina has a number of national public holidays. Employees get a paid day off for these. Regional holidays can vary, so it's a good idea to check the local calendar for the specific province or city where your employee is located.

Typical supplemental benefits

Here is a look at the benefits you must provide versus those you can offer to be more competitive.

How an EOR can help with setting up benefits

Setting up employee benefits in a new country can be complex. An Employer of Record (EOR) can make it simple.

An EOR acts as the legal employer for your team in Argentina. This means they handle all the HR tasks, including benefits administration. Here’s how an EOR can help you:

• Ensure Compliance: An EOR understands Argentina's labor laws and ensures that you provide all the required statutory benefits. This reduces your risk of making a mistake.
• Save Time: You don't have to spend time researching and setting up benefits plans. The EOR already has everything in place.
• Offer Competitive Packages: An EOR can help you create a benefits package that is attractive to local talent. They know what other companies in the market are offering.
• Simplify Administration: The EOR manages everything from enrolling employees in plans to handling payroll deductions for contributions. This frees you up to focus on your business.

Using an EOR allows you to hire and onboard employees in Argentina quickly and correctly, without needing to set up a local entity.

When an employee leaves your company in Argentina, you need to follow a specific process. You must give the employee written notice of their termination. This notice needs to state the final day of employment. If you are terminating an employee for cause, you must clearly explain the reasons. It is important to get this right from the start, as you cannot change the reason for termination later.

Notice periods

The amount of notice you need to give an employee depends on how long they have worked for you.

• During the probationary period: An employee is entitled to 15 days' notice.
• Less than five years of service: You must provide one month of notice.
• More than five years of service: You must provide two months of notice.

Instead of providing notice, you can pay the employee the equivalent of their salary for the notice period. This is in addition to any severance pay they may be owed. If an employee resigns, they are required to give you 15 days' notice.

Severance pay

Severance pay is required when you terminate an employee without a justified reason.

If an employee has worked for at least three months of an incomplete year, they are entitled to an additional month's salary as part of their severance. There are also special circumstances that can lead to additional severance compensation, such as dismissing employees who are pregnant or married.

How Rivermate handles compliant exits

Navigating employee terminations in a different country can be complex. We handle the entire offboarding process to ensure you comply with all of Argentina's labor laws.

• Proper Documentation: We prepare and deliver all necessary termination documents in writing, as required by law.
• Accurate Calculations: We calculate the correct notice period and severance pay based on the employee's service length and the reason for termination.
• Payment Management: We manage all final payments, including salary in lieu of notice and any integration month pay that may be due.
• Clear Communication: We ensure the reasons for termination are clearly and legally communicated to the employee from the outset.

By managing these steps, we help you avoid the risks of non-compliance and ensure a smooth and fair exit process for your employees.

Getting the right visas and work permits in Argentina is essential for you and your team. The process can be complex, but understanding the basics will help you navigate it. For most people planning to work in Argentina for more than 90 days, a temporary residence visa is necessary. This usually means getting a 23A or 23E visa. The 23A visa is the most common and applies to most people who will be working for a local company for at least a year. The 23E visa is for intra-company transfers. Argentina is also part of the MERCOSUR agreement, which simplifies the process for citizens of member countries.

Employment visas & sponsorship realities

To get a work visa in Argentina, you need a local company to sponsor you. This can be a challenge if you don’t have your own legal entity in the country. This is where an Employer of Record (EOR) can help. An EOR acts as the legal employer for your team in Argentina, handling everything from contracts and payroll to visa sponsorship.

Here’s what you need to know about sponsorship:

• EORs can sponsor work permits. An EOR can legally hire your employees in Argentina and take care of the entire work permit and visa application process.
• It simplifies the process. Using an EOR means you don't have to set up a local entity, which can be a long and expensive process. The EOR manages compliance with Argentina's labor laws.
• Not all visas are the same. The most common sponsored visa is the Temporary Worker Visa (23A or 23E). Contractors and freelancers generally cannot apply for this type of visa.

Business travel compliance

If you or your team need to visit Argentina for short-term business activities, you'll need to follow the rules for business travel. A standard tourist visa does not allow you to work.

For short trips, a business visa is usually the right choice. Here are the key points:

• What it's for: A business visa allows you to attend meetings, go to conferences, and participate in other professional activities.
• What it's not for: You cannot perform paid work on a business visa.
• How long it lasts: A business visa is typically valid for up to 60 or 90 days.

To apply for a business visa, you will likely need:

• A valid passport
• A letter of invitation from the company you are visiting in Argentina
• Proof that you can financially support your trip
• A completed visa application form