Exact Laws For Part Time Work

[Ceviche]

I pretty well understand laws for permanent employees.

What are the Capital Federal laws for part time employees who work on hourly rate?

Is some paper work required?

Other than a minimum base salary, are they entitled to some benefits?

I am talking about people who may work for you 1-2 hours few times a week. And neither they are interested in any paper contract and neither am I. How does it work legally?

My point is that, I am not interested in employing anyone that wants paper work.

But then, I also dont want to employ any one illegally. But then , what is the status quo for part time employees on a hourly rate?

 

[citygirl]

Paper contracts don't matter, even for full time employees

As far as part-time, I would imagine it depends on the type of work they are doing. For example, with my cleaning lady who is part-time, I pay a flat 95 pesos a month to the gov't. That is b/c there is an assumption that she can work for other people. Don't know what type of position you are refering to - if it's an admin, you may just want to ensure that s/he is a monotributo and the paperwork is in order.

Just be aware that even if they are p/t, they can claim they were f/t and potentially sue you. Welcome to Argentina.

 

[ElQueso]

There are some rules that are significantly different from full time work. I was helping my sister-in-law with this in her Derecho class about a month or so ago, but can't remember the specifics now. I'll see if I can't get her to pull out her text book and see what we can see.

 

[Ceviche]

Just be aware that even if they are p/t, they can claim they were f/t and potentially sue you. Welcome to Argentina.

I am here since 2007.

Your views noted. But how does a person work for 1 hour for you in a week, tells the judge that she is full time.

No paper work. No nothing.

Next, she could be telling, the judge anything about anything!

 

[citygirl]

It's called lying and people do it all the time. We had a maid who claimed she was working full-time. She wasn't. The judge automatically sided with her even though she had no proof. Cost 40.000 pesos to settle. Again, welcome to employing people here. The burden of proof is on the employer, not the employee.

Oh and p/t usually are still entitled to benefits - aguinaldo, vacation, feriados, etc.

 

[ElQueso]

...Oh and p/t usually are still entitled to benefits - aguinaldo, vacation, feriados, etc.

I won't swear on it, but I think it depends on how many hours and what kind of working time and conditions as to the extent, or if, even. I'll check on this - seems I remember situations where the employer of a part time worker wasn't responsible for much of that, and things like a maid working once a week were included as examples.

 

[Ceviche]

Well, I guess then in that case :-

One do not employ anyone absolutely. Or just go with the flow and hope for the best.

Laws are in favor of employees all over South america.. One has to just go with the flow...

 

[citygirl]

I won't swear on it, but I think it depends on how many hours and what kind of working time and conditions as to the extent, or if, even. I'll check on this - seems I remember situations where the employer of a part time worker wasn't responsible for much of that, and things like a maid working once a week were included as examples.

Once a week, perhaps not but more than 16 hours, they def are entitled to vacation, aguinaldo, feriados, etc.

 

[EricLovesBA]

And what about what we would call "contract work". The equivalent of when in the US you hire somebody to do a service and you later give them a 1099, and they are setting their own hours, or using their own tools. For example subcontracting someone to build a web site, or asking somebody bid on some specific construction work on your property. How does that work here? Can that be twisted around to where they are your employee and result in law suits as well? Or is that relatively safe. What if you hired somebody to fix your roof and they injured themselves? Etc.?

 

[Ceviche]

Ok, hypothetical situation.

Lets say their is a maid..who works 20 hours a week cleaning the house.

She goes to court.

Court calls me!

I pack my laptop and trolley bag and shift to a new country.

What do they do? Make a criminal case? Issue a international search warrant?

As far as I am concerned its a stupid jackass case..considering their are much more serious things happening!