Minimum Wage in Argentina - Frequently Asked Questions
Is there a separate legislation relating to minimum wages in Argentina?
Minimum wage Law in Argentina there is no a separate legislation. However, Article 14 of the Constitution Argentina says the law set a minimum living wage and mobile. The Article 2 of the Employment Act (24.013) says that one of the aims of this is to ensure the proper functioning of the minimum wage system, vital and. (Part 6 and Part 7 of the Act dealing with the minimum wage fixing). Articles 116 to 20 of the Labour Contract Law (20.774) deal with minimum wages. The Article 13 of Decree No. 326/56 (for Domestic Staff) said that the executive branch should regulate the fixing of minimum wages for domestic workers within this law. The Article 28 of the National Rural Labour (Law No. 22.248) says that minimum wages for rural workers should be determined by the National Agricultural Labour.
Do one or more minimum wages exist that is/are determined by law?
Yes, more than a minimum wage is determined by law. There are minimum wage applies to all workers but the domestic staff have separate values of minimum wage.
At what level are minimum wages determined at?
Argentina minimum wages are determined nationally, regional and occupational. (1) National-level referred to Resolution No. 2/2009 dated July 30, 2009 which establishes a minimum wage table (2) Regional Level - for rural workers: different minimum wage levels exist in different provinces. (3) Occupational Level - For Domestic service workers, minimum wages are determined by the Government (Executive) for different occupations such as maid, governess, etc.
On what basis is minimum wage calculated?
The minimum wage is calculated on an hourly and monthly basis. The hourly wage applies to staff journaled and Domestic Service Staff working less than eight hours per day. In the case of monthly salary, determined by Article 116 of the Contract Law Labouring (20744) the minimum wage can be expressed on a monthly, daily or hourly. The Article 28 of the Law of the National System for Rural Workers (Law No. 22248) states that the minimum wage for a farm worker may be determined by day or month. However, Resolution No. 2/2009 dated 30/07/09 states minimum wage rates in both monthly and hourly. Monthly rate applies to employees who work a full day legal (8 hours / or refers to Article 116 of the Labour Contract Law) and the hourly rate applies to others.
In case of weekly/monthly minimum age, are they based on any fixed number of hours?
Yes, the minimum wage is fixed for 8 hours per day or 48 hours a week.
Are governmental bodies, employer and/or trade union representatives involved in minimum wages setting?
The Ministry of Labour, Employment and Social Security, Argentina Industrial Union (UIA) and the Argentina Chamber of Medium Enterprises (CAME) and the General Confederation of Workers (CGT) and the Confederation of Argentine Workers (CTA) are involved in the minimum wage adjustments. According to Article 135 of the National Employment Law (20744) National Council for Employment, Productivity and minimum wage determined minimum wage. According to article 136 of the law is a tripartite body. The article 28 of Law 22248 (Rural Workers) National Commission on Rural Labour determines a minimum wage for rural workers. The Article 85 of the Act says that the National Commission on Rural Labour should include two representatives of the Ministry of Labour, Ministry of Economy 1, 1 of the Ministry of Agriculture and Livestock, 2 representatives of employers and workers 2.
How are upratings (adjustments) of minimum wage/s decided upon?
Increases and adjustments of minimum wages are decided unilaterally by the Government. As the Article 13 of Decree 236/56 (domestic workers) is the duty of the Executive to determine minimum wages for domestic workers. Can also be set jointly by governments, employers and trade union representatives - Regarding the national minimum wage, this is determined periodically by the National Labour Council, Productivity and minimum wage. (Reference Article 135 (a) of Law 24013).
Which are the components of minimum wage in Argentina?
The legal minimum wage is declared as a single component (as determined by Resolution 2/2003 dated July 30, 2009).
How frequently is the fixed component of minimum wage updated?
The law does not specify a fixed interval for the revision of the minimum wage. Rather, revision interval varies inflation.
How frequently are the variable components of minimum wage updated?
According to Article 116 of the Labour Contract Law (No. 20744) the minimum wage should secure food, shelter, education, clothing, health, transportation and entertainment, vacation and foresight. According to Article 139 of the Labour Act (No. 24013) the determination of minimum wages should also take into account the socioeconomic status, the objectives of the institute and the reasonableness of the fit between the two.
What is National Poverty line?
What is the incidence of minimum wages(s) in the national labour force (wage earners only)?
The 3% of the population of registered workers earning the minimum wage. Approximately 300 000 workers earning the minimum wage. This data was published in the Argentinean newspapers.
How is minimum wages compliance regulated?
According to Article No. 28 of Law No. 25877, Argentina should have an integrated system by the Inspectorate of Labour and Social Security (DIDITYS) for the control and monitoring of compliance with labour standards and social security across the country, to ensure the rights of workers under Article 14 bis of the Constitution. AND MINISTRY OF LABOUR, EMPLOYMENT AND SOCIAL SECURITY will be the enforcement authority of the Comprehensive Inspection of Labour and Social Security throughout the country. Moreover, according to Article 137 of Law No. 22,248 (rural) the office of the Ministry of Labour oversees compliance with the provisions of this Act (including the payment of minimum wages). Ministry of Labour and the Federal Administration of Public Revenue (both government agencies).
Which legal sanctions can be applied in compliance is lacking?
According to Annex II (General System of Sanctions for Violation of Labour) of the Federal Labour Pact (Law No. 25212) of Article 3 (c) states that any violation of the rules relating to the amount of wages is a serious offense and 5As Article (2) will be charged as fine from 250 to 1000 pesos in this case. Article 5 (4) says that if the person still repeats the violation, the fine is added the maximum amount of the fine of 10% of wages earned.
Are sanctions often being applied?
If inspectors find a violation, the penalties are applied.
Are employer and/or trade union representatives involved in compliance procedures?
Law does not mention anything about compliance procedures.
To whom/Where can individuals complain, if they think they are earning less than minimum wage?
According to the Law it is the duty of the Labour act automatically on complaints received. So individuals may also submit complaints to Labour inspectors. (see Article 32 of Law No. 25,877). The laws do not clearly state this, but unions or joint committees may intervene or represent the interests of its members in litigation. So people can complain to the unions. (see Article 16 (b) of Law No. 25877).