The following are changes and developments in Argentina’s labour laws to look out for in 2025:
Argentina: 2025, Looking Ahead
1. Reduction of interest rate of labour court claims
During 2024, the Argentine Supreme Court issued two rulings ordering the reduction of the interest rate applied by labour courts in two claims. It is expected that either the labour courts or a new law will set forth a reduced interest rate applicable to labour courts claims.
2. New pro market labour reform bill
The Government has sent to Congress a new bill of law that amends several provisions of the Labour Contract Law. The bill of law includes:
(i) that an employee can waive labour rights/benefits granted on top of those provided by labour laws or collective bargaining agreements;
(ii) that in the event that the employer changes the terms and conditions of employment to the detriment of the employee, the employee cannot be considered dismissed on a constructive basis but rather can formally claim the reinstatement of the prior conditions through a court claim and an injunction;
(iii) the inclusion of several non-salary benefits, such as medical coverage, food allowance, education courses, mobile phone, internet, gym, among others, that the labour courts usually considered as salary; (iv) the interest rate applicable to labour court claims would be the Consumers Index Rate (IPC) plus 3%;
(iv) parties can agree that employees can take vacations at any time of the year;
(v) a bank of hours.
3. The Supreme Court of the City of Buenos Aires will review the final judgments issued by the National Labour Chambers of Appeals sitting at the City of Buenos Aires
The Argentine Supreme Court ruled that parties can appeal before the Supreme Court of the City of Buenos Aires any final judgement issued by the National Labour Chamber of Appeals and therefore, parties cannot appeal directly to the Argentine Supreme Court. As a consequence of this judgement, the Supreme Court of the City of Buenos Aires, as superior court, can issue final judgements in labour cases that must be followed by the National Labour Chamber of Appeals.