Article 66

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Coercive, unfair or deceptive recruitment Employment contracts

This Article provides that the employer may modify certain non-essential terms of the employment contract, such as its form, or the way in which the labour contract is executed, but may not make significant changes or substitute contracts.

Notes

The extent to which employers are permitted to exercise this right is limited and must be assessed on a case by case basis. For example, the employer may be allowed to change the place of work, but only in a way that does not adversely affect the worker (for example by adding time to his commute or making it excessively difficult for the employee to reach the place of work due to a lack of public transport, etc). This power must not be unreasonably exercised, and the employer may not alter essential parts of the contract, or introduce any changes that negatively affect the employee, in a moral or material way.

This article also sets out limits to the changes to the work contract that may be allowed, and prohibits abusive labour practices such as contract substitution the agreement of an employment contract at the victim’s point of origin, and subsequent substitution of that contract with a contract containing substantially different conditions upon arrival to the place of employment.

Link to full text

Law / Argentina / Law No. 20,744, as amended - Labour Contract Law

Labour Contract Law No. 20,744 (the “LCL”) governs the majority of labour relationships in Argentina. However, certain categories of workers, such as those in the public sector, private home personnel and agricultural workers have their own specific statutes.

The main issues covered by the LCL include, but are not limited to: remuneration; annual leave and special leaves of absence; daily and weekly working hours; daily and weekly rest; special protections for women and children; and termination or transfer of a labour contract.

Collective bargaining agreements tailor the general provisions of the LCL to particular industries, sectors or employers. These agreements are negotiated between the relevant union representatives on the one hand and either the management of different industry sectors or a specific company on the other. They typically involve issues such as leave, bonuses, wage scales, overtime pay, health and safety conditions in the workplace and special paid leave.