Argentina: The childcare benefit is extended until children reach four years of age

On March 23, 2023, Decree No. 144/2022 was published, which regulated article 179 of the Labor Contract Law regarding the childcare service to be provided by companies.

Among its provisions, the Decree determines that those establishments where 100 or more people work, regardless of the hiring modalities and including both employees dependent on the main establishment and those dependent on other companies but rendering services within the same, must offer care spaces for minors “between 45 days and 3 years of age” who are in their care.

Companies must comply with the provisions of this Decree as of March 23rd, 2023. The failure to comply  will be considered as a very serious labour infringement under the terms of Law 25.212.

Although the first article of the Decree provides that the obligation applies to “children between FORTY-FIVE (45) days and THREE (3) years of age”, the recital of the Decree states that the obligation is up to “3 years of age, inclusive”.

In attention to the contradiction between the fist article of the Decree and the Recital, the CGT (General Unions Association) and the UIA (General Union of Industries Association) signed on March 16, 2023 the “Agreement for the Implementation of the Obligations Provided by Article 179 of Law 20. 744 and Decree 144/2022”, with the purpose of “establishing parameters that help the adequate compliance with the obligations (…) and clarifying certain aspects of the regulatory rules…” where it was explicitly agreed in point 4 that the parties understand that the benefit “extends from the time the child is 45 days old until it reaches 4 years of age”.

This report cannot be considered as legal advice or advice of any other kind from Allende & Brea.