In Argentina there are four basic legal sources for labour regulation namely statute, collective bargaining agreements, individual contracts and custom and practice in individual workplaces.
The Labour Contract Law of 1976 remains the principle law relevant to private sector employment. Collective agreements then tailor the law to specific circumstances, sectors and employers.
Global employers should be aware that workplace practices established over time can become legally binding on an employer. Argentine law operates the principle of “no waiver” by which any agreement on the part of an employee to waive his or her rights under law, collective agreement or contract will be void. By contrast, the employer is entitled to make unilateral changes to employment contract terms provided the change is reasonable for operational purposes, does not change the core terms of the contract and does not put the employee in a worse moral or financial position.
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