How to hire in Argentina through an EOR

Fixed-term contracts in Argentina need strong justification, or they'll convert to indefinite ones with full employee protections. Most companies default to indefinite-term contracts because they're the easiest to defend.

Contract types

Indefinite-term contracts are by far the most common. They're presumed for all hires unless you can prove otherwise. This protects workers and limits your flexibility when it comes to ending the relationship.

For ongoing roles, go with indefinite. It saves you the headache of audits converting fixed-term contracts into indefinite ones anyway.

What has to be in the contract

Written contracts aren't always legally required for full-time permanent roles. Labor law covers most terms, so oral agreements technically work, but they invite disputes. Always put it in writing.

It's mandatory for fixed-term, part-time, and remote arrangements. Include your company name, the employee's name, start date, job duties, salary, hours, location, and duration if it's fixed. Register it with the Ministry of Labour and AFIP straight away, and give the employee a copy. Unregistered contracts default to indefinite and can trigger fines.

There's no official language requirement, but Spanish is standard since laws and unions operate in it. Probation is 3 months as a default, or up to 6-8 months through collective bargaining for smaller firms. During probation, full benefits apply, but you can terminate without cause or severance.

Contractor vs. employee

Misclassification is a real risk here. Argentine courts apply the "principle of reality": they look at how the work actually happens, not what your contract says. If you control someone's hours, tasks, or tools, it's likely employment regardless of the label.

If you treat a contractor like a staff member, you could owe back wages, social security contributions (around 27% employer share), 13th salary, vacation pay, severance, and more. AFIP and Ministry of Labour fines can reach thousands of USD per worker, and reclassification often means paying retroactively, sometimes years back. Audits happen regularly.

Non-competes are difficult to enforce. They need to include compensation (around 2x salary during the restriction period), and courts will often throw them out if they prevent someone from earning a living. Keep the scope limited and the duration under 2 years. For IP, get assignment clauses in the contract upfront and tie them to job duties. Otherwise, employees own what they invent.

True contractors set their own hours, use their own equipment, and invoice per project. If the arrangement looks like anything else, hire through an EOR to stay on the right side of the law.

Argentina's leave entitlements are more generous than most countries, and local employees know it. If you're hiring there, expect the legal floor to be a starting point, not a finish line.

Time off

In the first six months, employees earn one vacation day for every 20 days worked. After that, they get 14 calendar days (roughly 10 working days) per year. That scales up with tenure: 21 days after five years, 28 after 10, and 35 after 20.

Vacation must be scheduled between October 1 and April 30 by default, though you can agree on shorter blocks throughout the year. On top of that, there are 15 paid public holidays annually. Here's the full list:

All leave types

Argentine law sets clear minimums across all leave categories. All paid leave includes job protection unless noted below.

Mandatory benefits

You're required to contribute to social security, which covers pension, health, and family allowances. The employer contribution is around 24.1% of salary (broken down as 17% retirement, 6% health, 1.5% unemployment, and smaller components). Employees contribute 11%, mostly toward retirement and health. These figures are from 2024, so it's worth checking for any 2026 updates.

There are no unusual mandates like meal vouchers or transport subsidies baked into law. Life insurance and accident coverage come through social security, and health is handled via the public system (Obras Sociales) rather than direct employer insurance.

What employees actually expect

Legal minimums won't get you far with skilled candidates. Most local professionals treat 20+ vacation days as standard, even at junior levels. Offering 21 days from day one puts you in a more competitive position.

Private health insurance matters a lot. Public coverage is limited, so employees typically expect a top-up plan. In 2025, that's roughly ARS 50,000 per person per month. Without it, you'll lose candidates to employers who offer better Obras Sociales supplements.

Remote work stipends of ARS 20,000-50,000 per month for internet and utilities are common, as are meal cards (like Sodexo) at around ARS 10,000 per month. Gym memberships or education budgets are also frequently offered. Sticking to the bare minimum tends to drive turnover; adding these extras makes hiring noticeably easier.

Argentina's Labor Modernization Bill 27.802, enacted March 6, 2026, has made terminations somewhat more straightforward. That said, the system is still built to protect employees, so if you don't have solid grounds and documentation, you're exposed.

Firing someone

You can terminate for just cause, including misconduct, poor performance, or economic reasons, without owing severance. Fire without cause or without proper evidence, and you're looking at severance as the sole legal remedy. Protected employees, including pregnant workers, union representatives, and those on leave, require court approval before termination. Skip that step and you're facing reinstatement or double damages.

The 2026 reform also clarifies constructive dismissal: if you change someone's working conditions in a way that causes harm, they can claim termination without cause after giving notice. Probationary dismissals no longer require prior notice. Courts now follow Supreme Court precedent, which helps cut down on frivolous claims. Even so, terminations in Argentina generate 21 times more lawsuits than in Chile. Document everything, every time.

Notice periods

Notice requirements depend on how long someone has been employed, and employees give less notice than employers. The table below breaks it down.

Under the 2026 reforms, notice is no longer required during probation, which covers the first 3 to 6 months depending on the role. You can also pay in lieu of notice if you'd rather skip the notice period entirely.

Severance

Severance only applies when you terminate without cause. The formula is one month's pay per year of service, or per fraction of a year exceeding 3 months. You calculate it based on the highest regular monthly salary from the last year, not including non-monthly items like annual bonuses, vacation pay, or irregular payments.

For higher earners, the cap is 67% of top monthly pay or three times the collective bargaining agreement average, whichever applies. Severance is the only remedy available, so no additional claims can be stacked on top. There's also an optional Labor Assistance Fund: contribute 1 to 3% of salary monthly to pre-fund severance, and it can offset payroll taxes.

There are no additional caps beyond the high-earner limit. The fund covers part of the cost, and you cover any shortfall. Fixed-term contracts don't trigger damages if ended at the agreed date.

Work permits and visas

You can hire foreign nationals in Argentina through an EOR. The EOR acts as the legal employer and handles sponsorship. The main visa categories are a work visa (up to 1 year, renewable), residency for skilled workers, and the Mercosur visa for nationals of neighboring countries, which tends to be simpler to obtain.

You'll typically need a job offer, proof of qualifications, a clean criminal record, and a health check. Processing takes 3 to 6 months, so start early. There's also a digital nomad visa for remote workers earning income from outside Argentina, valid for up to 6 months with no local work permitted. EORs like Remote and Deel handle sponsorship regularly. The 2026 reform didn't change anything in this area.

Other things worth knowing

Argentina's Personal Data Protection Law requires you to get consent before processing employee data and to report breaches to the AAIP within 72 hours. Unions carry real weight here, with around 70% of workers covered by collective agreements. The 2026 reforms adjust how bargaining works, making negotiations somewhat easier and introducing minimum service requirements during strikes.

From January 1, 2027, special employment statutes for journalists and certain other categories are repealed, and those workers move to the general labor framework. Remote work rules have also loosened, and mandatory utility reimbursements are no longer required. If you rehire someone after a gap of more than 2 years, their seniority resets. Employment disputes now fall under Buenos Aires jurisdiction.

If you're hiring in Argentina, using an EOR is one of the more practical ways to stay on top of compliance. They track regulatory changes, handle filings, and reduce your legal exposure. The 2026 reforms have brought some costs down, but weak documentation still creates real risk.