Employment Lawyer in Buenos Aires, Argentina | Workers' Rights | Pasquinelli
Calculadora Blog Asesoría Sindical Dr. Pasquinelli Contacto WhatsApp
CABA y Provincia de Buenos Aires
IG WA in
Mat. C.P.A.C.F. T° 135 F° 782

Who we help

National Labor Courts — Buenos Aires, Argentina

We work with international professionals connected to Argentina, including:

Which law applies to your case?

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 —even if your employer is located abroad and you are paid in foreign currency or to a foreign account. The country 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 really a freelancer? (misclassification)

This is the question that changes everything. Many people who invoice as “freelancers” or “independent contractors” are, in practice, employees in a disguised employment relationship. If you invoice one single company every month, with exclusivity, set hours, instructions and continuity over time, the law may consider you a dependent employee regardless of how the contract is labeled.

If that is your situation, you may be entitled to severance, proper registration and salary differences, calculated on your real compensation. It is worth having a specialist assess your case before you sign anything or accept a sudden termination.

Severance and unregistered work

A dismissal without just cause generally entitles a worker to a severance payment based on seniority, plus prior notice and other items. Unregistered or partially “off-the-books” work gives rise to additional claims. These rights apply even if your contract is written in English or you are paid in USD or crypto: what matters is the reality of the working relationship, not its formal appearance.

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, to make sure you are not giving up rights.

About

Advised by Dr. Ismael Pasquinelli, employment law professor at the University of Buenos Aires (UBA) Law School, practicing exclusively in labor and employment law.

Free first consultation

Tell us about your situation by WhatsApp or email. The first consultation is free and confidential.

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.

Llamar WhatsApp Email