Argentina: New regulation broadens the use of temporary staffing agency workers

Through Decree No. 407/2026, the Argentine Government approved a new regulatory framework for Temporary Staffing Agencies (Empresas de Servicios Eventuales or “ESEs”).

The new regulation broadens the circumstances in which ESEs may assign workers to user companies. In addition to replacing permanent employees during absences, leaves or suspensions, temporary workers may now be assigned for business or social events, occasional increases in activity, urgent safety-related work and extraordinary or temporary needs unrelated to the user company’s ordinary course of business.

Notably, occasional increases in activity expressly include temporary staffing needs arising from the introduction of new technologies, procedures, systems, services or products, as well as from business reorganisations. These circumstances were not expressly contemplated under the previous regulation.

The new framework nevertheless requires the number of temporary workers to be reasonable and justified in relation to the user company’s permanent workforce, and the duration of the assignment to be appropriate to the temporary need. Temporary workers must also receive remuneration equivalent to that paid to permanent employees of the user company in the same category and with the same seniority.

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