Argentina boasts a rich pool of skilled professionals, and in recent years, more of them have traded the traditional office for home workspaces, coworking hubs, or even their favorite cafés.
Recognizing the shift, the government introduced Law No. 27.555 — the Telework Law — in August 2020 to ensure that the rights and obligations in a traditional workplace would carry over to the virtual one.
Introduced in April 2021 under Decree No. 27/2021, this law sets out one of Latin America’s most comprehensive telework frameworks. It details how remote work arrangements must be established, what resources employers must provide, and how employee rights are safeguarded, whether work is performed in the office, at home, or in a hybrid setup.
Key takeaways:
- Argentina’s Telework Law governs both fully remote and hybrid roles in formal employment, requiring written agreements and equal treatment for remote and on-site employees.
- Employers must provide tools, reimburse expenses, respect the right to disconnect, and register telework arrangements with the Ministry of Labor.
- Compliance extends beyond the Telework Law, including workplace safety, data protection, and collective bargaining agreements.
What Is the Telework Law?
The Telework Law defines telework as work performed away from the employer’s premises, either wholly or partly, using information and communication technologies (ICTs).
It applies to both fully remote and hybrid setups for employees in a dependent employment relationship.
The law requires remote work arrangements to be documented in writing, either at the start of employment or through a later amendment, and registered by the employer in the Registro de Empresas con Teletrabajo, along with details of the tools and platforms the employee will use.
Who Is Covered by the Law?
The Telework Law applies to employees working under Argentina’s Labor Contract Law in formal or dependent employment roles.
Decree No. 27/2021 clarifies the extent of the coverage. It states that telework provisions do not apply when work is performed at a client’s site as a regular arrangement, or when it happens occasionally, such as when an employee works from home due to a one-off need.
If a team member primarily works in the company’s office, at a client’s site, or only works remotely occasionally, those arrangements generally fall outside the scope of the Telework Law.
Independent contractors, freelancers, and anyone working under civil or commercial contracts aren’t covered by the law, since they’re not considered employees. This distinction is important because worker misclassification can lead to costly penalties or legal disputes.
In Argentina, courts often look beyond the title or contract to the actual working relationship, including factors like:
- The level of control exerted over the worker
- Who provides the tools, the worker or the business
- How integrated the person is in a company’s operations
If those point to an employment relationship, the worker could be deemed an employee and entitled to full telework protections.
Key Provisions for Employers and Employees
Rather than leaving remote work to interpretation, the Telework Law establishes concrete rules that define what employers must provide and what employees can expect.
Voluntary Participation
Both the employer and the employee must agree upon any telework arrangement. An employer cannot unilaterally impose remote work, and employees who began their role on-site have the right to return to in-person work within 30 days of requesting it, unless the job’s nature makes that impossible.
Right to Disconnect
Argentina’s Telework Law grants remote employees the legal right to disconnect, allowing them to fully step away from work-related communications outside their standard working hours or while on annual leave.
Employers must respect this boundary and are prohibited from penalizing employees for not responding to business communications after hours or rewarding them for being online once their workday has ended.
This provision places Argentina among a growing number of countries — including France, Spain, and Italy — that have enshrined the right to disconnect into law as a safeguard against the blurred boundaries of remote work. Like those countries, Argentina’s rules aim to protect work–life balance and mental health in an “always-on” digital environment.
The right to disconnect has a few limited exceptions. Communication outside of normal hours is allowed only for urgent operational needs or when the employee’s time zone makes occasional after-hours contact unavoidable. Even then, employees are not obliged to respond until the next business day.
Equal Rights and Conditions
The Telework Law explicitly states that working remotely cannot come at the cost of diminished rights or opportunities. Remote employees must receive the same salary, benefits, workload, training access, and career development pathways as their on-site counterparts.
This principle covers both tangible compensation and less visible aspects of the work experience. If office-based employees receive a monthly meal allowance, transportation stipend, or annual bonus, remote employees are entitled to the same, even if they never set foot in the office. The goal is to ensure that an employee’s work location is never intentionally or unintentionally used as a basis for unequal treatment.
These protections extend to Argentina’s broader statutory benefits framework. For example, remote staff are entitled to the same paid vacation days, public holiday observance, sick leave allowances, and the mandatory 13th-month salary (“aguinaldo”) as in-person employees.
Maternity and paternity leave provisions also apply to remote workers, as do rules on overtime limits, pay rates, and severance entitlements.
Equipment Provision and Reimbursement for Expenses
Employers must provide and maintain the tools and equipment necessary for remote work, such as computers, software licenses, and internet access. If employees use their own equipment, the employer must reimburse them for associated costs, including internet, electricity, and wear and tear. These reimbursements are non-remunerative and exempt from income tax.
Hiring Remote Employees in Argentina
Complying with the Telework Law is only one component of hiring legally in Argentina. Employers must also follow additional Argentine labor laws that apply to both on-site and remote workers.
Personal Data Protection Law (Law No. 25.326)
Argentina’s data protection law sets out strict rules for how employers handle employee information, aiming to safeguard privacy and ensure that personal data is used responsibly. It requires employers to:
- Register their HR databases with the national registry
- Maintain a lawful basis for processing employee data
- Uphold rights of access, correction, and deletion
Employers must also follow rules on transferring personal data internationally. A bill to align the law more closely with the EU’s General Data Protection Regulation (GDPR) is currently under discussion, which could broaden these obligations in the future.
Workplace Safety Law (Law No. 19.587)
Employers remain responsible for workplace hygiene and safety, even when the workplace is an employee’s home. Under SRT Resolution 1552/2012, employers must notify their occupational risk insurer (ART) of the telework location, schedule, and tasks. Accidents that occur there during working hours are presumed to be work-related.
Collective Bargaining Agreements (CBAs)
The Telework Law sets a national baseline for remote work rights and obligations, but many industries in Argentina operate under collective bargaining agreements (CBAs) that can go further. For example, a CBA might require higher expense allowances or additional safety measures.
Decree No. 27/2021 specifically recognizes CBAs as a source of additional or more specific telework terms — including:
- Allowances for home office expenses
- Detailed equipment standards
- Rules for flexible schedules in hybrid roles
For employers, it’s essential to ensure your telework policies meet or exceed what’s been negotiated in any applicable CBA. For example, if a CBA requires a larger monthly stipend for internet service than the general law, that higher amount becomes mandatory for covered employees.
Digital Nomad Visa Program
The Telework Law governs dependent employment relationships under Argentine law, which applies to workers hired locally under the Labor Contract Law, whether they work on-site, fully remotely, or in a hybrid arrangement.
The Digital Nomad Visa sits outside this framework since it’s intended for foreign nationals working for non-Argentine employers. So, in most cases, they won’t have an Argentine employment contract and therefore won’t be covered by the Telework Law.
However, there’s one scenario where the two could overlap: if a company uses the Digital Nomad Visa to bring a foreign hire into Argentina and then employs them locally under the Labor Contract Law (for instance, via an Employer of Record).
In that case, the worker would be entitled to all Telework Law protections if they perform their duties remotely. The visa simply facilitates residence, while the employment relationship triggers the Telework Law’s rights and obligations.
Hire and Manage Argentinian Remote Workers With RemoFirst
Complying with the Telework Law — plus Argentina’s broader labor, safety, and data protection requirements — can be complex without local expertise. That’s where RemoFirst comes in.
As an Employer of Record (EOR) operating in over 185 countries, including Argentina, we act as the legal employer of your global team while you manage their day-to-day work. We:
- Draft and maintain compliant employment contracts, including telework clauses
- Take care of onboarding responsibilities, including shipping equipment if necessary
- Ensure all employment laws — from right-to-disconnect policies to maternity leave — are followed
- Handle Social Security contributions, paid leave, and employee benefits in line with Argentine law
- Keep you compliant with collective bargaining agreements and industry-specific rules
With RemoFirst, you can employ top talent in Argentina without setting up a local entity or risking noncompliance. Book a demo to learn how we can help you build your Argentine remote team while meeting every local legal requirement.
