Legal Relationship Between Employer And Employee

[Filip_14]

I find the links section here on baexpats to be a great resource for finding most things that relate to a daily life in BA. As a curios person and a future job hunter in BA I was looking for a section of links that deal with legal issues, in my case the legal side of being employed in Argentina.

Is there an online source regarding the legal relationship between employer and employee that one can access? What I'm looking for are the laws that address the typical issues concerning employment i.e., contract, termination, vacation, sick leave etc.

I've read posts elsewhere on the forum stating that some employers avoid contracts to cut costs. Anyone experienced this? What's your take on it?

 

[Davidglen77]

All jobs and employer employee relationships here fall under the "Ley del Contrato de Trabajo" also known as LCT, I don't know if there is an english version available but if you do a Google search on it, you will certainly find it.
Regarding contracts, this law is not a "written" contract - it's implied, in other words, if somebody starts working for you, whether or not you register them or not (which by law you must do) they are automatically covered by all of the laws that apply to them as an employee and the courts and judges will always side with them - especially if the employer has not complied with any part of this law - be really careful and get assessed properly if you plan to hire somebody - if you do something wrong it can be very very expensive to fix. Good luck

 

[Jaredberryman]

I find the links section here on baexpats to be a great resource for finding most things that relate to a daily life in BA. As a curios person and a future job hunter in BA I was looking for a section of links that deal with legal issues, in my case the legal side of being employed in Argentina.

Is there an online source regarding the legal relationship between employer and employee that one can access? What I'm looking for are the laws that address the typical issues concerning employment i.e., contract, termination, vacation, sick leave etc.

I've read posts elsewhere on the forum stating that some employers avoid contracts to cut costs. Anyone experienced this? What's your take on it?

As a business owner here in Argentina, I will not hire anyone--I pay for everything through freelance contractor work. The laws are so against employers that no businesses want to hire. If you are going to get a job in Argentina, be prepared to jump through some major hoops (unless you are hired in "negro"). If you have had any recent health problems, it will be impossible to get hired. If you are overweight or have any sort of physical problems, you will not be hired. If you do not interview well, you will not be hired. If you do not have a DNI, you will not be hired. Signing a contract is a major ordeal, and as a foreigner, you will have a tough time getting an official, well paying job. If you want to live in Argentina, my advice to you is investigate having your own business. There are no online documents (welcome to Argentina), you are better off investigating forums at expat sites.

If you are looking to hire someone, my advice to you is to not do it. Do not hire someone if you can--you will regret it. If you have to hire someone, don't hire them full time--hire them part time. If you need some advice and speak spanish, I have a close friend who is a lawyer and can tell you what you need to know. I promise you the lawyer is 100 percent trustworthy (finding an ethical lawyer in Buenos Aires, a lot like in other places in the world, is extremely difficult). I would put my life in my friend's hands, that's how much I would trust her.

Good luck.