Leave policy in Argentina

When hiring in Argentina, it is important to understand the country’s leave rules and employment laws. 

These rules are primarily set out in Law No. 20,744 (Ley de Contrato de Trabajo), which establishes the leave policy in Argentina, typically for private-sector employees.

If you plan to hire full-time or part-time employees in Argentina, your company’s leave policy must meet these legal requirements. Not following them can lead to financial penalties and operational issues, so it’s important to get it right from the beginning.

In this article, we explain the main leave entitlements and how an Employer of Record (EOR) can help you engage, manage, and pay employees in Argentina while staying compliant with local laws.

Vacation/annual leave in Argentina

Paid annual leave in Argentina is determined by tenure of employment. 

As per the duration of their service, they enjoy a fixed number of paid, minimum, continuous leave days:

Public holidays

There are 19 public holidays in Argentina, with 9 religious affiliation-specific holidays. 

Some of them are national holidays, and a few are optional.

Here’s the public holiday calendar in Argentina:

Sick leave in Argentina

The duration of paid sick leave in Argentina depends on the duration of service of the employee. In case of any non-work-related illness, they can receive full remuneration for:

• 3 months if their length of service is less than 5 years
• 6 months if their length of service is greater than 5 years

Maternity leave in Argentina

Pregnant women have to take a mandatory leave of 90 days during their pregnancy. During this period, employees are paid by the social security system.

Paternity leave in Argentina

Paternity leave is provided to new fathers as a special leave condition. In this case, the employee is entitled to 2 consecutive days of paid time off in Argentina.

During this period, the employer should compensate the employees. However, the employer can get a reimbursement from the government.

Other types of leave in Argentina

Certain leave entitlements in Argentina, like the paternity leave, are classified under special leave, including:

Wedding leave

Employees are entitled to 10 consecutive days of paid leave when they get married.

Compassionate leave

• Employees are entitled to 3 consecutive days of paid leave in case of the death of a spouse, partner, child, or parent. 
• In case of a sibling’s death, employees are entitled to 1 day of paid leave.

Examination leave

Employees appearing for secondary school or university exams are entitled to 2 consecutive days of paid leave per exam, up to a maximum of 10 days per calendar year. This leave applies only to officially recognized courses, and employees must submit a certificate from their educational institution to receive payment.

Explore Payoneer Workforce Management in Argentina

Between navigating the leave policies in Argentina and executing company workflows, the load might be too much for an employer. 

Managing international teams and their nuances can be a hassle in such cases. That’s where an EOR like Payoneer Workforce Management can help you out. 

Our platform can help you:

• Engage with the local talent without a local entity
• Manage payroll, benefits, timesheets, taxes, etc.
• Navigate local regulations

Book a demo today.

FAQs

1. When must an employee receive an annual vacation?

You have to grant an employee an annual vacation between October 1st and April 30th of the following year. The start date of the vacation needs to be communicated in writing at least 45 days in advance. 

2. Does a pregnant employee receive remuneration from the company?

No, employers don’t cover salary payments for pregnant employees. The remuneration is covered under a maternity allowance from ANSES, the social security authority of Argentina. Your obligations include making sure that the employee takes the 90-day maternity leave without fail.

3. What is the standard leave policy in Argentina?

The standard leave policy in Argentina requires employers to provide paid annual vacation leave based on how long an employee has worked, starting at 14 days and increasing up to 35 days with more years of service. Employees must also observe national public holidays as paid days off, and these minimum leave entitlements are mandated by law and cannot be reduced. 

4. What is the 13th‑month salary in Argentina, and how is it paid?

In Argentina, the 13th‑month salary (Aguinaldo) is an extra mandatory payment calculated based on the highest monthly remuneration received in the last six months. This calculation includes all remunerative concepts, such as bonuses and meal allowances. The payment is made in two instalments each year: the first in June and the second in December, with each instalment representing half of the best monthly remuneration from the relevant six‑month period.

5. Are religious holidays available for all employees?

Typically, religious or non‑working holidays in Argentina are not automatically available to all employees. These holidays are granted to employees who observe the corresponding religious tradition.