10.6092/issn.1561-8048/10953
Argentina has had a profound regulatory activity to counteract the coronavirus pandemic so far and its consequences, which appear to worsen as time goes by. Based on the experience of other countries, a strict lockdown was put into place at an early stage, which has been opening up slowly but gradually. Telework was recommended and a benefits program for affected businesses was implemented to ensure the payment of social security and salaries. A temporary prohibition of dismissals and suspensions was taken to protect employment and workers’ income.  Regarding essential workers, COVID-19 has been deemed as an occupational disease for additional protection. Social protection was reinforced and an emergency family income for vulnerable groups was implemented, between other measures.
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1561-8048
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Facundo Martin Chiuffo
Italian Labour Law e-Journal
Social Protection
COVID-19 and Labour Law: Argentina
Text.Serial.Journal
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National Reports
2020-05-11
2020-05-08
2020-04-15
2020-09-15
ILLeJ
Facundo Martin Chiuffo
2020/05/11
10.6092/issn.1561-8048/10953
1561-8048
1S
Social Protection
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COVID-19 and Labour Law: Argentina
https://illej.unibo.it/article/download/10953/11347
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COVID-19 and Labour Law: Argentina                                                Italian Labour Law e-Journal
Facundo Martin Chiuffo                                                           Special Issue 1, Vol. 13 (2020)
facundo.chiuffo@live.com                                           Covid-19 and Labour Law. A Global Review
                                                                                               ISSN 1561-8048
                                                                https://doi.org/10.6092/issn.1561-8048/10953




                 COVID-19 and Labour Law: Argentina
                     Facundo Martin Chiuffo*

                                                 Abstract

     Argentina has had a profound regulatory activity to counteract the coronavirus pandemic so far.
     Based on the experience of other countries, a strict lockdown was put into place at an early stage,
     which has been opening up slowly but gradually. Telework was recommended and a benefits
     program for affected businesses was implemented to ensure the payment of social security and
     salaries. A temporary prohibition of dismissals and suspensions was taken to protect
     employment and workers’ income. Regarding essential workers, COVID-19 has been deemed
     as an occupational disease for additional protection. Social protection was reinforced and an
     emergency family income for vulnerable groups was implemented, between other measures.


     Keywords: Covid-19; Labour Law; Telework; Employment Protection; Health and Safety;
     Income Support; Social Protection.




 1. General Framework.

    At the end of 2019, before the coronavirus outbreak, Argentina was going through a
 difficult economic and social crisis, which led the Government to declare a broad public
 emergency until the end of 2020, reorganizing a wide range of issues while fostering social
 solidarity to achieve productive recovery1.
    After the global coronavirus pandemic was declared on 11 March 2020 by the World
 Health Organization (WHO), the Argentine Government resolved to extend the term of the
 public health emergency, establishing a mandatory 14 days lockdown2 as a first measure,
 restricted only to people with suspected or confirmed cases of COVID-19, close contacts,
 or those arriving from affected areas.


 *
   Lawyer graduated at the University of Buenos Aires, Argentina. Labour Law Specialist. Member of the
 Argentinian Association of Labour and Social Security Law. Member of the Argentinian Delegation - Young
 Legal Scholars Section of the International Society for Labour and Social Security Law. ORCID iD:
 https://orcid.org/0000-0002-8017-8268. This National Report was last updated on 27 April 2020.
 1 Ley de Solidaridad Social y Reactivación Productiva en el Marco de la Emergencia Pública N° 27.541, 23

 December 2019.
 2 Decreto de Necesidad y Urgencia N° 260/2020, 12 March 2020.
    Facundo Martin Chiuffo                                                            Italian Labour Law e-Journal
                                                                                     Special Issue 1, Vol. 13 (2020)
                                                                        Covid-19 and Labour Law. A Global Review
                                                                                          Section: National Reports




   On 20 March 2020, this was further extended to a general mandatory lockdown3 for the
entire population along with a movement ban, authorising only minimal displacements to
acquire cleaning supplies, medicines, and food.
   The Government also cancelled any type of events and established the closure of venues
to avoid gatherings, imposed the closure of borders, banning non-residents from entering
into the country and other travel restrictions, suspended classes, etc.
   Certain essential services and activities were exempted from the lockdown, such as health
services, security forces, public authorities and workers (only to guarantee essential tasks),
wholesale and retail supermarkets and stores, food industry, media industry, maintenance of
basic services, public transportation, etc. The list of essential activities has been extending
gradually, in most cases with restrictions (none or reduced customer attendance, hourly and
staff restrictions, social distancing) favouring e-commerce and the delivery of goods when
possible.
   The lockdown term was first established until 31 March, and later on extended until 12
April4, 26 April5, and lastly 10 May6.
   The crisis caused by COVID-19 is estimated to have a strong impact on the Argentine
labour market, with a decrease in the number of employed that could reach over 340,000
people7. According to a survey of more than 600 companies, 72% of them experienced a
drop-in sales greater than 60%, and 87% within this group have serious difficulties in paying
salaries8. Sectors such as Tourism (airlines, hotels, travel agencies), Commerce (restaurants,
bars), Arts, Entertainment, and Recreation (theatres, cinemas, museums) might be some of
the most severely affected.


2. Specific Measures.

2.1 General Labour and Employment Regulations.

   During the lockdown, non-essential workers shall refrain from attending their workplaces,
with full payment of their salaries, and this period shall not be considered as leave, rest, or
holidays. Those able to work from their place of isolation shall establish with their employers
how they will perform tasks. The implementation of telework and similar measures were
recommended by the Government as ways to avoid workers’ concentration in the workplace.
   Regarding essential workers, they may be required to work overtime and their working
days and hours may be rearranged when needed as the continuity of their activities is critical

3 Decreto de Necesidad y Urgencia N° 297/2020, 20 March 2020.
4 Decreto de Necesidad y Urgencia N° 325/2020, 31 March 2020.
5 Decreto de Necesidad y Urgencia N° 355/2020, 11 April 2020.
6 Decreto de Necesidad y Urgencia N° 408/2020, 26 April 2020.
7 Oficina de País de la OIT para Argentina, El COVID-19 y el mundo del trabajo en Argentina: impacto y respuestas de

política, 2020, https://www.ilo.org/buenosaires/publicaciones/documentos-de-trabajo/WCMS_740742/lang-
-es/index.htm, accessed 26 April 2020.
8 Centro de Estudios UIA, Informe especial: Impacto del Covid en empresas, 2020,

https://uia.org.ar/general/3582/situacion-de-la-industria-y-covid-19/, accessed 26 April 2020.


    https://doi.org/10.6092/issn.1561-8048/10953                                                                   2
     Facundo Martin Chiuffo                                                       Italian Labour Law e-Journal
                                                                                 Special Issue 1, Vol. 13 (2020)
                                                                    Covid-19 and Labour Law. A Global Review
                                                                                      Section: National Reports




in the context of the emergency. Nonetheless, their employers shall guarantee health and
safety conditions following applicable sanitary recommendations at all times.
   In this connection, the Government established a special leave for workers with care
responsibilities of schooled children9 and workers over 60 years (unless essential), pregnant,
or with health risk factors.


2.2. Health and Safety of Workers.

   Because of the sudden need and practical difficulties, employers were exempted from
complying with specific health and safety working conditions regarding teleworking.
   The Government prepared and published a series of documents with general
recommendations for the performance of work in essential activities, commuting from and
to work, and the provision of personal protection elements. Employers need to adopt these
measures and put them into practice to protect their workers from any risk regarding
COVID-19.
   As an additional protection for essential workers, COVID-19 will be presumably
considered as an occupational disease for them during the lockdown, and will immediately
receive the corresponding benefits of the Argentine Labour Risks System, upon presentation
of a confirmed medical diagnosis. However, workers will ultimately need to prove the direct
cause between the disease and the work activity. For this matter, the burden of the proof
may be changed in favour of the worker by the corresponding authority.
   The presumption of occupational disease will last 60 more days before the end of the
lockdown for health workers and their work activity will be considered a direct cause of the
disease unless proven otherwise.


2.3. Support to Affected Businesses and Workers.

    To avoid the possible loss of jobs and protect the workers’ income security, the
Government prohibited dismissals without cause, due to force majeure or lack or reduction
of work, together with unilateral suspensions from work due to this last two reasons –without
salary pay– for the term of 60 days (April and May)10. Measures taken in breach of these
provisions will be deemed ineffective and the affected employment relationships will remain
in force.
    This adds up to a previous provision taken in the context of the occupational emergency
declared at the end of 2019, which established the duplication of severance pay for workers
hired up to its entry into force (13 December 2019), in case of unfair dismissal, for the term
of 180 days (until 10 June 2020)11.


9 Only for one of the parents, and as long as the classes remain suspended.
10 Decreto de Necesidad y Urgencia N° 329/2020, 31 March 2020.
11 Decreto de Necesidad y Urgencia N° 34/2019, 13 December 2019.




     https://doi.org/10.6092/issn.1561-8048/10953                                                              3
     Facundo Martin Chiuffo                                                           Italian Labour Law e-Journal
                                                                                     Special Issue 1, Vol. 13 (2020)
                                                                        Covid-19 and Labour Law. A Global Review
                                                                                          Section: National Reports




   Regarding businesses, an Emergency Assistance Program was created12, by which
employers may benefit from the postponement and significant reduction in social security
contributions and the payment of up to 50% of the workers’ net salary by the Government13.
Health, Tourism, and Cultural sectors and other activities severely affected by the pandemic
will be given preferential treatment. More than 420,000 companies –near 80% of the
country’s total– have registered to apply for these benefits14.
   Small taxpayers and independent workers may apply for zero-interest loans if they have
no other source of income. Besides, a specific fund was created as security to credits for
Micro, Small and Medium Enterprises (PYMES), allowing access to working capital.


2.4. Social Protection.

   An Emergency Family Income was established15 as a one-time monetary support to
compensate for the loss or severe decrease in income to the unemployed, informal economy
workers, low-income independent workers, and domestic workers.
   There has also been a reinforcement of social support programs through an extraordinary
payment for beneficiaries of family allowances and those collecting minimum retirement, as
well as an increase and extension of unemployment benefits.


3. Social Dialogue.

   The Government maintains constant contact with employers’ and workers’ organizations,
which have demonstrated their commitment and willingness to collaborate and cooperate16
in the fight against COVID-19. Parties created a tripartite round table an agreed on the
importance of avoiding the negative experience of other countries for hastily lifting isolation
measures, and the need to outline a gradual and orderly lift.


4. Future Challenges and Necessary Measures.

   Argentina had a profound regulatory activity so far and was lucky enough to prepare for
the pandemic before experiencing a major impact due to its geographical distance with the
infection hotspots. This allowed the country to take action based on the measures and effects

12 Decreto de Necesidad y Urgencia N° 332/2020, 1 April 2020.
13 This last benefit has minimum and maximum limits and is applicable to agreed suspensions, thus guaranteeing
workers at least 50% of their regular income in such cases.
14 Ministerio de Trabajo, Empleo y Seguridad Social, El Gobierno Nacional anunció nuevas medidas para la producción

y el trabajo, 20 April 2020, https://www.argentina.gob.ar/noticias/el-gobierno-nacional-anuncio-nuevas-
medidas-para-la-produccion-y-el-trabajo, accessed 26 April 2020.
15 Decreto N° 310/2020, 24 March 2020.
16 For instance, several workers’ organizations offered their hospitals, clinics, health personnel and facilities to

be used as alternative hospitalization units.


     https://doi.org/10.6092/issn.1561-8048/10953                                                                  4
     Facundo Martin Chiuffo                                                  Italian Labour Law e-Journal
                                                                            Special Issue 1, Vol. 13 (2020)
                                                               Covid-19 and Labour Law. A Global Review
                                                                                 Section: National Reports




of less fortunate countries, like Italy and Spain. As a result of this, a very strict lockdown
measure was put into place at an early stage, which has been opening up gradually through
exemptions at a national and currently at a local level.
   Despite its brittle economic and social context, Argentina managed to take important
measures to provide protection for workers and support for businesses and vulnerable
groups. Nevertheless, continued efforts are needed as this unprecedented crisis unfolds.
   In practice, independent workers and professional service providers have been having
trouble accessing to credits despite the help provided by the Government, as well as Micro,
Small, and Medium Enterprises. The latter are also demanding further and distinct regulatory
action, contemplating the bigger impact in costs they have to endure17.
   Occupational risks associated with telework such as the extension of working time and
over-connection shall be addressed.
   Non-registered workers and new atypical forms of work must be specially considered, as
they are not eligible for unemployment benefits and have no immediate legal protection
under Labour Laws. Domestic and migrant workers shall also be regarded due to the high
informality existent in their work relationships.
   Gender perspective measures must be reinforced, as women are typically assuming
increased caregiving duties due to the suspension of classes and day-care services stoppages,
sometimes conflicting with their jobs.
   Last but not least, social protection programs shall be extended, as a great number of
people are depending on social support while their regular source of income is unavailable
or insufficient.




Copyright © 2020 Facundo Martin Chiuffo. This article is released under a Creative
Commons Attribution 4.0 International License




17The Confederation representing Micro, Small and Medium Enterprises is demanding a subsidy of 100% of
the salary payment for companies of up to 40 workers.


     https://doi.org/10.6092/issn.1561-8048/10953                                                         5
