Employment Lawyer in Buenos Aires — For Workers and Contractors

Who we help

We work with international professionals connected to Argentina:

• Expats employed by local subsidiaries of multinational companies operating in Argentina.
• Remote workers and “independent contractors” who earn most of their income from a single foreign company.
• Freelancers invoicing one client abroad on a continuous, monthly basis from Argentina.

Which law applies to you

As a general rule, the law that governs an employment relationship is the law of the place where the work is actually performed (lex loci executionis; art. 3 of the Argentine Employment Contract Law and the rules of private international law). If you perform your work from Argentina, Argentine labor law applies in full — including its severance regime — even if your employer is abroad, you are paid in foreign currency or crypto, or the contract names a foreign jurisdiction.

This is mandatory law (public order): it cannot be waived by contract, by a foreign-jurisdiction clause, or by invoicing as an independent contractor. Where the company is registered, or the currency you are paid in, does not by itself take your case out of Argentine law.

Are you a real contractor, or a misclassified employee?

This is the question that changes everything. It does not matter whether you invoice as a monotributista, as a registered self-employed professional, or whether you are paid from abroad without being registered at all: if you work continuously for a single company —or that company concentrates most of your income— with subordination, de facto exclusivity, integration into its organization or set hours, you may legally be an employee in a dependent relationship, not a contractor.

Working remotely for a foreign company from Argentina is a frequent way the labor law ends up being evaded. Argentine law looks at the reality of the facts, not the label of the contract (the principle of primacy of reality). If you are a misclassified employee, you may be entitled to registration, severance, salary differences and statutory penalties for the lack of registration, calculated on your real compensation. We explain the underlying concept under unregistered work.

Severance and unfair dismissal

A dismissal without just cause generally entitles a worker to a severance payment based on seniority, plus prior notice and the integration of the month of dismissal. These rights apply even if your contract is in English or you are paid in USD or crypto: what matters is the reality of the working relationship. You can estimate your severance with our calculator, and we explain how dismissals work under dismissals and severance.

Workplace accidents

If you work on-site or in a hybrid setup, work-related accidents and illnesses —and accidents on your way to and from work (in itinere)— are covered. If the insurer (ART) denied your claim, discharged you too early or offered insufficient compensation, it can be challenged. See workplace accidents and ART.

Negotiated exits for senior employees

For senior and high-income employees, Argentine law also allows mutually agreed terminations (art. 241 of the Employment Contract Law). These negotiated exits can be a good outcome —but the figures and conditions should be reviewed with a lawyer before signing, so you do not give up rights. This is common for executives and managers; see senior and managerial employees.

Time limits

Employment claims are subject to legal time limits. Don't wait too long to seek advice: acting early helps preserve evidence and avoid signing documents without proper counsel.

Why Pasquinelli

We are a law firm dedicated exclusively to Argentine employment law. We represent employees and contractors — never companies. Our practice is fully remote, so you can consult us from anywhere.

Frequently asked questions

I'm paid in USD by a company abroad. Does Argentine labor law still apply?

Yes. If you perform your work from Argentina, Argentine labor law generally applies, regardless of where the company is based or the currency you are paid in. What matters is the place where the work is performed, not where the money comes from.

I invoice as a freelancer for one company. Can I still claim severance?

Possibly. If you work continuously for a single company with exclusivity, set hours and integration into its organization, the law may treat you as a dependent employee despite invoicing as a contractor. In that case you may be entitled to severance, registration and salary differences.

Can I sign away my rights in the employment contract?

No. Argentine labor rights are mandatory (public order). They cannot be waived by contract, by a foreign-jurisdiction clause, or by invoicing as an independent contractor.

Do I need to travel to your office?

No. We work remotely by WhatsApp, video call and email, so you can consult from anywhere in Argentina or abroad.

Disclaimer: the information on this page is general in nature, does not constitute legal advice for a specific case, and does not create an attorney-client relationship. Each case must be assessed individually in a professional consultation.