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Argentina - Working time - 2011


LAST UPDATE

6 September 2011
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SOURCES


Name of Act

Act No. 22,248 approving the National Regulation on Agricultural Work, of 3 July 1980 (Boletín Oficial, No. 24,461, 18 July 1980, p. 2), as amended up to 26 November 2008 by Law No. 26390.

Name of Act

Law No. 11.544 on Working Time, (Ley 11.544 sobre la Jornada de Trabajo), of 12 September 1929 (Boletín Oficial No. 10614, 17 September 1929, p.1), as amended up to Law No. 26.597 of 11 June 2010.
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Name of Act

Decree No. 484/2000 on Work, Social Protection and Working Hours (Trabajo y Prevision Social Jornada de Trabajo), of 20 June 2000 (Boletín Oficial, No. 29422, 20 June 2000, p.1)

Name of Act

Decree No. 16115/33, enacting Law No. 11544 on Working Time (Boletín Oficial No. 11600, 28 January 1933), as amended by Decree No. 484/2000, 14 June 2000 (Boletín Oficial No. 29422, 20 June 2000, p.1)

Name of Act

Act No. 20.744 on Employment Contracts, of 27 September 1976 (Boletín Oficial No. 23003, 27 September 1974), as amended up to Act No. 26.696 of 29 August 2011.
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Name of Act

Law No. 21.329 on Public Holidays and Days off (Feriados Nacionales y Días no laborables), of 9 June 1976, as amended up to Act No. 26085, 15 March 2006 (Boletín Oficial, No. 30870, 21 March 2006, p.1)

Name of Act

Decree Law No. 326 on the Working Conditions of Domestic Workers (Decreto Ley n° 326 sobre el régimen de trabajo del personal doméstico), of 20 January 1956, as amended to 4 June 2008 by Act No. 26390 (Boletín Oficial No. 31433, 25 June 2008, p.3)
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Name of Act

National Constitution of Argentina, of 22 August 1994

Name of Act

Act No. 26.390 on Prohibition of Child Labour and Adolescent Labour Protection (Ley de Prohibición del Trabajo Infantil y Protección del Trabajo Adolescente) of 4 June 2008.

LEGAL DEFINITIONS


Working time/working hours

The time during which a worker is at the employer’s disposal, and he can’t engage in any activity of his own account. It might include periods of inactivity inherent to the job.
Act No. 20.744 on Employment Contracts Art.197

Employee/worker

"Employee" shall mean a physical person who provides services for and and under the dependency of another person, within a limited or unlimited time, in exchange for remuneration.
Act No. 20.744 on Employment Contracts Art.21, art.15

Employer

"Employer" shall mean a physical or legal person or a group of persons who require the services of a worker.
Act No. 20.744 on Employment Contracts Art.26

Part-time work(er)

Part-time worker is the worker who performs less than two thirds of daily normal hours.
Act No. 20.744 on Employment Contracts Art.92 TER (1)

Night work(er)

Night work is the work performed in the interval between 9 pm and 6 am of the following day.
Act No. 20.744 on Employment Contracts Art.200

Domestic worker

Domestic worker is the worker who render services of domestic nature for a household, male or female,non profitable for the employer, with a duration longer than one month, with minimum 4 hours day work and 4 days a week with the same employer, with no parental relation, and not hired for medical care or driving.
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.1,2

Young worker

Young worker is the worker who is between 16 and 18 years old.
Act No. 26.390 Art.2

NORMAL HOURS LIMITS

The limitation of hours of work has constitutional status in all the territory of the Republic : "All the residents in Argentina shall enjoy decent working conditions, among others, the application of limitations in the working hours".
Constitution Art.14bis

Daily hours limit


General limit

The hours of work shall not exceed 8 hours per day.
Law No. 11.544 on Working Time Art.1
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

The limitation of 8 hours does not apply to workers holding responsible positions, when the work is performed in teams, or in cases of accident, urgency, or force majeure, when the work cannot be made during normal working hours.
Law No. 11.544 on Working Time Art.3

Special categories


» Night work

The hours of night work shall not exceed 7 hours per day.

Where hours of night work are combined with hours performed during day time, the limit of working hours shall be proportionally reduced by 8 minutes for every hour of night work.

In cases in which the work is carried out in unhealthy conditions, the hours of work shall not exceed 6 per day.
Law No. 11.544 on Working Time Art.2
Act No. 20.744 on Employment Contracts Art.200

» Shift work

The 8 hour limit can be exceeded, provided the average hours worked over a three week period do not exceed the 48 hour weekly limit.
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.2

» Young workers

It is not permitted to employ young workers (16-18 years old) more than 6 hours per day.

With the permission of the relevant government authority, young workers (over 16 years of age) may work up to 8 hours per day.
Act No. 20.744 on Employment Contracts Art.190

» Agricultural workers

The 8 hour limit does not apply to agricultural workers.
Law No. 11.544 on Working Time Art.1

» Domestic work

No daily limit applies for domestic workers.

The Congress of Argentina approved on 17 March 2011, a Bill for discussion in the Senate regulating the working conditions of Domestic Workers and modifying the current Act on Employment Contracts. This Law will considerably change the working conditions of these workers in many aspects, among others, the limits in the daily hours of work. However, these modifications are not included since they are not yet implemented.
Law No. 11.544 on Working Time Art.1
Act No. 20.744 on Employment Contracts Art.2

Weekly hours limit


General limit

The hours of work shall not exceed 48 hours per week.
Law No. 11.544 on Working Time Art.1
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.

Exceptions

The limitation of 48 hours does not apply to workers holding responsible positions, when the work is performed in teams, or in cases of accident, urgency, or force majeure, when the work cannot be made during normal working hours
Law No. 11.544 on Working Time Art.3

Special categories


» Night work

In cases in which the work is carried out in unhealthy conditions, the hours of work shall not exceed 36 per week.
Act No. 20.744 on Employment Contracts Art.200

» Shift work

The 48 hour limit can be extended, if the average hours worked over a three week period do not exceed the limit.
The hours of work in any indiviudal week must not exceed 56 hours.
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.2
Law No. 11.544 on Working Time Art.3(b)

» Young workers

It is not permitted to employ young workers (16-18 years old) more than 36 hours per week.

With the permission of the relevant government authority, young workers (over 16 years of age) may work up to 48 hours per week.
Act No. 20.744 on Employment Contracts Art.190

» Agricultural workers

The 48 hour limit does not apply to agricultural workers.
Law No. 11.544 on Working Time Art.1

» Domestic work

No weekly limit applies for domestic workers.

The Congress of Argentina approved on 17 March 2011, a Bill for discussion in the Senate regulating the working conditions of Domestic Workers and modifying the current Act on Employment Contracts. This Law will considerably change the working conditions of these workers in many aspects, among others, the limits in the weekly hours of work. However, these modifications are not included since they are not yet implemented.
Law No. 11.544 on Working Time Art.1
Act No. 20.744 on Employment Contracts Art.2

OVERTIME WORK


Criteria for overtime


General

Workers shall not be compelled to work overtime, except in cases of force majeure involving an actual or imminent danger or accident, or due to the exceptional requirements of the national economy or the undertaking.
Act No. 20.744 on Employment Contracts Art.203
Law No. 11.544 on Working Time Art.3(c)

Limits on overtime hours


General limits

Overtime work hours shall not exceed 3 hours per day, 30 hours per month and 200 hours per year.
Decree No. 484/2000 on Work and social previson and working hours Art.1
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.13
Historical data (year indicates year of data collection)
  • 2009: 3 hours per day, 30 per month and 200 per year
  • 2007: 3 hours per day, 30 per month and 200 per year
  • 1995: Maximum 12 hours a day, including overtime.

Restrictions/exceptions

In no case the overtime hours limits may be exceeded.
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.13

Compensation for overtime work


Overtime rate(s)

The employer shall remunerate the employee performing overtime work with a 50% increase of his regular salary when is a continuation of the normal hours, and with a 100% increase when is a continuation of the work on a Saturday after 13.00, on Sundays or in a public holiday.
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.13
Act No. 20.744 on Employment Contracts Art.201
Historical data (year indicates year of data collection)
  • 2009: 50% increase (week days) 100% increase (Saturdays after 13:00, Sundays and public holidays)
  • 2007: 50% increase (week days) 100% increase (Saturdays after 13:00, Sundays and public holidays)
  • 1995: 50% premium during working days (100% on Saturday after 13.00 and on weekly rest days and public holidays)

Special categories


Part-time work

Overtime work is prohibited for part-time workers except for emergency situations.
Act No. 20.744 on Employment Contracts Art.92 TER (2); art.89

SCHEDULES


General

The scheduling of working hours is within the exclusive competence of the employer.
The schedules shall be posted in visible places in the establishment in order to inform the workers and allowing the administrative inspection.

However, the employer shall exercise this assignment with no alteration of the terms and conditions of the contract, causing a moral or material prejudice to the worker.
Act No. 20.744 on Employment Contracts Art.66, art.197

REST PERIODS

The enjoyment of rest periods has constitutional status in all the territory of the Republic.
Constitution Art.14 bis

Rest breaks


General provisions

The legislation provides that rest breaks are included within the hours of work but no specifications about the duration of these periods.
Act No. 20.744 on Employment Contracts Art.197
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Special categories


» Young workers

Young workers under 18 years old shall enjoy two hours rest break at noon when performing work during the morning and the afternoon.
Act No. 20.744 on Employment Contracts Art.191, 174

» Women

Women shall enjoy 2 hours rest break at noon when performing work during the morning and the afternoon.
Act No. 20.744 on Employment Contracts Art.174

» Domestic work

Domestic workers are entited to enjoy 3 hours of rest break between morning and evening tasks (including the time left for lunch).
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.4a

» Pregnant workers/recent birth

All female workers shall dispose 2 breaks of 30 minutes each during the working day to breastfeed their children for a duration up to 1 year.
Act No. 20.744 on Employment Contracts Art.179

Daily rest periods


Duration

A break of at least 12 hours shall be observed between the end of one working day and the beginning of the next.
Act No. 20.744 on Employment Contracts Art.197
Historical data (year indicates year of data collection)
  • 2009: A break of at least 12 hours shall be observed between the end of one working day and the beginning of the next.
  • 2007: A break of at least 12 hours shall be observed between the end of one working day and the beginning of the next.
  • 1995: 12 hours between two regular working days.

Special categories


» Domestic work

Domestic workers are entitled to enjoy 9 hours of uninterrupted rest between shifts.
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.4

Weekly rest periods


Duration


» General

Every worker shall enjoy a weekly rest of 35 hours starting on Saturday at 13.00, except if arising any of the extraordinary situations provided in the legislation.
Act No. 20.744 on Employment Contracts Art.204
Historical data (year indicates year of data collection)
  • 1995: From 13.00 on Saturday to 24.00 on Sunday.

» Exceptions

Workers shall not be compelled to work overtime, except in cases of force majeure involving an actual or imminent danger or accident, or due to the exceptional requirements of the national economy or the undertaking.
Act No. 20.744 on Employment Contracts Art.203

Day specified


» General

In general weekly rest shall be taken on Sunday and Saturday from 13.00 onwards.
Act No. 20.744 on Employment Contracts Art.204

Work on weekly rest day


» Criteria

The employer shall work during public holidays in case of emergency or due to special demand of the national economy or enterprise. Laws and regulations may forsee for exceptional cases on weekly rest days.
Act No. 20.744 on Employment Contracts Art.203,204

» Compensation (for working on a rest day)

The legislation provides a compensatory rest period of equal length. The worker may claim his entitlement as from the first working day of the following week, after giving formal notice of his intention to do so at least in 24 hours in advance.

In addition the employer shall be obliged to pay the worker his normal wage plus an increase equal to 100%.
Act No. 20.744 on Employment Contracts Art.207

Special categories


» Shift workers

Workers employed on shift work shall be granted their weekly rest at the end of each shift cycle and in accordance with the characteristics of the shift system applied.
Act No. 20.744 on Employment Contracts Art.202

» Young workers

Employers cannot make young workers to work during rest days.
Act No. 20.744 on Employment Contracts Art.206

» Domestic workers

Domestic workers are entitled to enjoy 24 consecutive hours of weekly rest or 2 half days free per week from 15.00h onwards, at the best convenience of the worker and the employer.

In addition, one hour each week shall be provided for attend the ceremonies of his religion.
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.4b),g)

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

The enjoyment of paid annual leave has constitutional status in all the territory of the Republic.
Constitution Art.14 bis

Qualifying period

In order to be entitled to enjoy annual leave, the worker shall have worked at least the half of all working days in a year.

If the worker has not completed this time, he may enjoy 1 day of leave for each 20 days of effective work.
Act No. 20.744 on Employment Contracts Art.151

Duration


» General

Every worker is entitled to enjoy an annual leave with a duration in between 14 to 35 days depending on the seniority of the worker.
Act No. 20.744 on Employment Contracts Art.150
Historical data (year indicates year of data collection)
  • 2009: 14 consecutive days
  • 2007: 14 consecutive days
  • 1995: 14 consecutive days.

Payment


» Amount

A worker shall receive the regular remuneration during his leave, it shall be fixed as follows:

a) Where the work is remunerated on a monthly basis, the amount of the salary received when the leave is granted shall be divided by 25;

b) where the remuneration is fixed at a daily or hourly rate the worker shall receive for each day of his leave the amount that he would have received on the day prior to the date on which his leave begins;
for this purpose, the remuneration payable by law, agreement or contract shall if it is higher be taken as the basis for the calculation.
Where the normal working day is longer than 8 hours, the actual working day shall be taken as the basis, in so far as it does not exceed 9 hours. Where the day on which the calculations are based is shorter for any reason than the workers’ normal day, the remuneration shall be calculated as though that day correspond to the statutory working hours.

c) In the case of piece rates, individual or group commission payments, percentages or other variable forms of remuneration, the leave remuneration shall be fixed in accordance with the average remuneration received during the year corresponding to the grant of the leave or, if the worker so chooses, during his last six months of service.
Act No. 20.744 on Employment Contracts Art.155

» Date of payment

Leave remuneration shall be paid at the start of the leave period.
Act No. 20.744 on Employment Contracts Art.155

Schedule and splitting

The employer shall provide the annual leave to the employees within the period from 1 October to 30 April of the following year.

The date of commencing the annual leave shall be comunicated to each worker on written comunication with at least 45 in advance.
Act No. 20.744 on Employment Contracts Art.154

Special categories


» Young workers

Young workers are entitled to enjoy at least 15 days annual leave.
Act No. 20.744 on Employment Contracts Art.194

» Agricultural workers

Agricultural workers shall enjoy a period of annual leave of 10 to 30 days depending on the seniority.
Act No. 22,248 approving the National Regulation on Agricultural Work Art.19 (a,b,c,d)

» Domestic work

Domestic workers shall enjoy a period of annual leave of 10 to 20 days depending on the seniority.
Decree Law No. 326 on the Working Conditions of Domestic Workers Art.4

PUBLIC HOLIDAYS


Number and dates

11 days.
January 1 (New Year’s Day); Good Friday (before Easter Sunday); 24 March; May 1 (Labour Day); May 25 (Anniversary of the 1810 Revolution); June 10 (Malvinas Day); June 20 (Flag Day); July 9 (Independence Day); August 17 (Anniversary of the Death of General José de San Martín); October 12 (Columbus Day) and December 25 (Christmas Day).
Law No. 21.329 on Public Holidays and Days off Art.1

Payment

Public holidays are paid if the workers have rendered services to the same employer with at least 48 hours or 6 days in the last 10 working days preceeding to the public holiday.
Act No. 20.744 on Employment Contracts Art.168

Work on Public Holidays


» Criteria

The employer shall work during public holidays in case of emergency or due to special demand of the national economy or the enterprise.
Act No. 20.744 on Employment Contracts Art.166,204,203

» Compensation

A worker who performs services on any public holiday shall receive 100% increase of his regular remuneration for a working day.
Act No. 20.744 on Employment Contracts Art.166

EMERGENCY FAMILY LEAVE

Every worker is entitled to the following special paid leaves:
- In case of birth of his child: two days.
- in case of his marriage: ten consecutive days
- In case of death of spouse or de facto partner, child or parent: three consecutive days
- In case of death of a brother or sister: one day.
Act No. 20.744 on Employment Contracts Art.158

PART-TIME WORK


General provisions

Part time work is that equivalent to less than 2/3 of the regular daily or weekly hours of work.
If the hours of work correspond to more than 2/3, the employer shall remunerate the employee as if he would perform 100% of the hours.
Act No. 20.744 on Employment Contracts Art.92 TER.1

Limits


Overtime work

Part time workers shall not perform overtime work, except in cases of serious danger or inminent risk for the persons or the goods of the undertaking.
Act No. 20.744 on Employment Contracts Art.92TER.2, 89

NIGHT WORK


Criteria for night work

Night work is the work performed in the interval between 9 pm and 6 am of the following day.
Act No. 20.744 on Employment Contracts Art.200

Limits


Daily hours limit

Night workers cannot perform more than 7 hours of work per night.

In cases in which the work is carried out in unhealthy places and where the health of the worker is at risk, the duration the total hours of work shall not exceed 6 per day.
Act No. 20.744 on Employment Contracts Art.200
Law No. 11.544 on Working Time Art.2

Weekly hours limit

In cases in which the work is carried out in unhealthy places and where the health of the worker is at risk, the hours of work shall not exceed 36 per week.
Law No. 11.544 on Working Time Art.2

Compensation

Where hours of day work are combined with hours of night work, the hours worked shall be proportionally reduced by eight minutes for every hour of night work or the extra eight minutes shall be paid for as overtime.
Act No. 20.744 on Employment Contracts Art.200

Special categories


Young workers

It is not permitted to employ young workers (16-18 years old) in night work, comprising the period between 20h and 06 of the follwing day.

In the textile industry, and in the establishments with consecutive shifts of work, the prohibition of performing night work refers to the interval between 22h and 6h of the following day.
Act No. 20.744 on Employment Contracts Art.190

Domestic work

No provisions on night work apply to domestic workers.

SHIFT WORK


Criteria for shift work

Shift work must be adopted when production cannot be stoped, for technical or economic reasons.
Act No. 20.744 on Employment Contracts Art.202

CASUAL WORK


General provisions

Casual work is the work performed by an employee in order to achieve specific results, related to extraordinary and transitory services, provided that no identification of term is posible and no expectation of regular or continuing employment exists.
Act No. 20.744 on Employment Contracts Art.99

INFORMATION & CONSULTATION


Information

The employer must inform workers of their working time schedules by posting notices in conspicuous places. These must include starting and finishing times and rest periods.
Act No. 20.744 on Employment Contracts Art.197
Law No. 11.544 on Working Time Art.6
Decree No. 16115/33, enacting Law No. 11544 on Working Time Art.20

Results generated on: 19th December 2014 at 04:15:50.
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