Coercive, unfair or deceptive recruitment
Article 6 provides that temporary employment agencies will only be authorized to allocate personnel to a company under the following circumstances:
a) to cover the absence of a permanent worker, for the duration of the worker´s absence;
b) in the event of leave periods or legal or conventional suspensions, during the period of their duration, except in the event of strike, force majeure, or lack or reduction of work levels;
c) increase in the activity of the company, in a manner which requires an increased amount of workers;
d) to organize or participate in congresses, conferences, fairs, expositions or programs;
e) when the execution of work is necessary to avoid accidents, conduct urgent repairs or repair equipment, installations or constructions that may harm employees or third parties, insofar as these tasks cannot be carried out by regular employees;
f) when due to extraordinary or transitory situations, work that is distinct from the usual practices of the contracting business is required.
This provision prevents businesses from using the services of temporary services employment agencies as a way of avoiding the application of the labour law.
Law / Argentina / Decree 1,694/2006 – Temporary Services Employment Agencies Reg
The Decree regulates agencies that exist for the exclusive purpose of supplying specialized personnel to fulfil temporary roles in other companies, establishing safeguards and social security regulations to avoid labour fraud. The Decree establishes limits and exceptions to the situations in which these agencies may provide personnel to other companies and the amount of time they may have personnel out of work per calendar year.