What you need to know before hiring in Argentina: A guide to terminations

Argentina recognizes at-will employment, so permanent employees can be involuntarily dismissed, with or without cause, as long as the requirements for notice periods or pay in lieu are met.

If you dismiss an employee without giving them the statutory notice or, instead, meeting pay requirements, you'll need to be able to prove you have just cause for the termination. Argentine courts are strict about requiring employers to prove just cause for termination, and the options for just cause are limited (more on that below).

In Argentina, an employee can be terminated for gross misconduct if they have incurred a breach in their duties severe enough to justify ending the employment relationship.

Unlike in many other countries, Argentina's labor laws don't specify breaches that constitute gross misconduct that are grounds for dismissal with cause. The country's labor courts examine each case, looking at the employee's disciplinary records, seniority, and other factors. The employer is required to prove there was ground for the termination.

Because of the lack of specificity in the law, just cause is very hard to prove in Argentina. Employers should ensure they have strong evidence of any serious breach of conduct before terminating an employee without the minimum required notice and severance.

Several types of employees are protected from termination in Argentina, or subject to additional rules. These include:

In Argentina, a case of dismissal where an employee is terminated without the proper notice or severance pay may be found to be wrongful. This can happen when an employer:

Any employee who thinks they've been wrongfully dismissed can challenge the dismissal in court. If the court finds that the dismissal was discriminatory, the employee can seek either severance pay or reinstatement. They also have the option to pursue legal action for additional financial compensation, if they choose.

When an employer decides to terminate an employee in Argentina, they're required to provide written notice of the dismissal through a notary public or certified letter.

If the termination is for cause, the employer must notify the employee in writing of the allegations against them that led to the dismissal.

Severance payment (when due) must be calculated and paid by the employee's last day of employment.

When they're terminated, employees are entitled to any unpaid remuneration, plus notice periods (or payment in lieu) and severance, when applicable.

Whether they are terminated with or without cause, all employees are entitled to payment for their unused annual leave, as well as prorated payment for their annual bonus (1/12 of the bonus amount for each month they've worked in an incomplete year).

In some cases, there are additional entitlements; for example, if an employee is dismissed while on sick leave, they're entitled to payment for the remainder of their paid leave.

The process for terminating an independent contractor in Argentina depends on the terms of their contract.

Typically, either party can end the agreement at any time by providing notice as specified in the contract. Independent contractors aren't entitled to benefits like vacation pay, and they don't receive severance pay unless that's agreed upon in advance and included in their contract.

If an independent contractor is found to be misclassified, however, they may be entitled to back pay for benefits, severance, payment in lieu of notice, and other entitlements.

In Argentina, layoffs (or redundancy) are allowed if the employer is terminating one or more employees for wholly business reasons (for example, a lack of work due to an economic downturn, technology reasons, etc.).

The employer must select the employees affected by layoffs in a fair, non-discriminatory manner. In most cases, this means companies adopt a "first in, last out" procedure for layoffs.

For group dismissals, companies are required to initiate a "crisis prevention procedure" if they plan to lay off:

The crisis prevention procedure requires the employer to create a social plan and attend a hearing with the Ministry of Labour and relevant trade unions to negotiate the details of the layoffs.