Labour Law No. 20,744 as well as Law No. 23,592 and international treaties entered into by Argentina, prohibit discrimination. If an employee is discriminated against because of race, religion, age, gender, disability or political or union activities, the employer can be ordered to compensate the employee for any damages caused. As far as labour conditions are concerned, the law obliges the employer to give the same benefits/salary to employees within the same category and seniority.
The employer is obliged to keep a safe working environment, including preventing and protecting employees against physical and psychological damages caused by discrimination. The employer could not only be ordered to protect an employee, but can also be held liable for any damages suffered by the employee due to discrimination.
Employers are obliged to provide reasonable access to disable employees, such as employees in wheelchairs.
Employees who are discriminated against can assert unequal treatment, claiming payment of salary variances or to be granted the same benefits. In case of termination due to discrimination, the employee is entitled to claim tort damages.
Additional severance is provided for dismissed employees recently married or pregnant. Union delegates cannot be dismissed while they hold office and for one year thereafter. In the case of dismissal, the union delegate may claim the reinstatement or consider himself/herself dismissed on a constructive basis and claim payment of severance compensation plus pending salaries until the expiration of his period, plus damages compensation. . Labor law provides additional severance in case of discrimination dismissal, equal to an amount that ranges between 50% and 100% of the severance compensation and in some cases 13 monthly salaries.
In the event of a dismissal of an employee who is ill, the employee can claim to be paid severance compensation, plus the pending salaries until the expiration of the paid sick certificate, plus damages.
