Insights · Argentina

Argentina’s 2026 labour reform: what changes for employers, and what one hire costs.

Law 27,802 narrowed severance, created an employer severance fund, added flexible hours and cut contributions for new hires to 5%. Here is what changed, where the courts stand, the cost of one salary today — and the same role in Paraguay.

Reading time · 10 minTopic · Argentina · EmploymentRules as of · October 2026Author · Alexander Baranov

The short version

  • Law 27,802 is fully in force since March 2026; the main constitutional case is pending.
  • Severance excludes the 13th salary and vacation pay; a severance fund (FAL) starts 1 November.
  • New hires until April 2027: employer contributions of 5% for four years (RIFL).
  • A standard hire costs about 1.4× gross salary.
  • Paraguay: about 1.25×, 91% take-home and shorter severance.
01 · The short answer

Cheaper to dismiss, cheaper to hire new people — still expensive to employ.

Argentina’s Labour Modernisation Law (Law 27,802), in force since 6 March 2026, is the biggest change to its employment law in decades. Severance is narrower and more predictable, an employer-funded severance account starts in November, working time is more flexible, and new hires made until April 2027 can carry employer contributions of just 5% for four years.

The underlying cost of an employee is still high: about 1.4 times gross salary for a large company. This guide covers what the reform changed, where the court challenges stand, what one hire costs today, and how Paraguay compares.

Law and practice: Law 27,802, sanctioned 27 February 2026, promulgated by Decree 137/2026, Boletín Oficial 6 March 2026.

02 · What changed

The main points for employers.

AreaWhat Law 27,802 changed
Severance baseSAC (13th salary), vacation pay and non-monthly bonuses excluded; cap of 3× the agreement average, but never below 67% of real pay
Severance as a remedyStatutory severance is the sole remedy for dismissal without cause; court awards payable in up to 6 instalments (12 for SMEs)
Severance fund (FAL)Monthly contribution of 1% (large firms) or 2.5% (SMEs) into the employer’s own fund, offset by lower social-security contributions; starts 1 November 2026
Working timeVoluntary hours bank; averaging within the 48-hour week; 12 hours’ rest between shifts
VacationsGranted October–April, can be split into blocks of at least 7 days
PayWages may be paid in pesos or foreign currency; listed benefits are non-wage
Collective bargainingCompany-level agreements can prevail over sector agreements
New hires (RIFL)Employer contributions cut to 5% for 48 months for qualifying hires made until 30 April 2027
Telework lawRepealed from 1 January 2027

Law and practice: Law 27,802, arts. 41–43, 51, 57–77 and Title XX; Decree 315/2026 and ARCA RG 5844/2026 (RIFL); Decree 408/2026 (FAL, start moved to 1 November 2026).

03 · In the courts

Fully in force, with open questions.

The CGT union confederation won an injunction in March 2026 suspending 81 articles. It did not last: the case moved to the federal administrative courts, the injunction was lifted in May, and an appeals chamber confirmed that in July. The law is fully in force, but the main constitutional case is still pending.

Individual judges are another matter. Several labour appeal chambers have declared unconstitutional the article on how pending claims are updated and capped; others have upheld it. Until the Supreme Court rules, expect severance litigation to be less predictable than the statute suggests.

04 · One salary

ARS 2,000,000 a month, both sides.

Gross ARS 2,000,000 a month (about US$1,318)SME employerLarge employer
Social-security contributions (18% / 20.4%)358,739406,571
Health insurance (obra social, 6%)120,000120,000
Work-accident insurance (assumed 2.5%) and life insurance50,42550,425
Monthly cost before the 13th salary2,529,1642,576,996
13th salary accrual with its charges210,833214,833
Total monthly costabout ARS 2.74 million (1.37× gross)about ARS 2.79 million (1.40×)
Same hire under RIFL (5% contributions)about ARS 2.46 millionabout ARS 2.46 million
Employee take-home (17% withheld)ARS 1,660,000ARS 1,660,000

Severance after three years, for dismissal without cause, comes to about ARS 8 million (three months plus one month’s notice), before the proportional 13th salary and vacation. Under the new rule, the 13th salary is no longer part of the base.

Law and practice: Contribution rates under Law 27,541 and Decree 814/2001; non-taxable deduction of ARS 7,003.68 per employee; minimum wage under Council Resolution 4/2026; exchange rate of ARS 1,518 per dollar on 16 October 2026. Work-accident insurance varies by insurer and risk; 2.5% is an assumption.

05 · The RIFL discount

5% contributions for four years.

For workers hired between 1 May 2026 and 30 April 2027, employers can opt into the labour formalisation regime (RIFL) and pay contributions of 5% instead of 18–20.4% for 48 months. The worker must have had no registered private job on 10 December 2025 and none in the six months before hiring. Health insurance and work-accident insurance are still payable.

  • ✓

    Opt in at hiring

    It cannot be applied retroactively.

  • ✓

    Up to 80% of payroll

    New hires under RIFL cannot exceed that share.

  • ✓

    No rehiring games

    Rehiring a former employee within 12 months is excluded.

  • ✓

    No FAL offset

    RIFL hires do not get the contribution offset for the severance fund.

06 · Without an Argentine company

Employer of record.

An employer of record can hire in Argentina for about US$599 a month per employee at the main providers. With the reform, the EOR route is more predictable on dismissal than it used to be, but you still pay the Argentine employment cost underneath. For one or two people it is usually cheaper than a company of your own — see our company guide for when an entity makes sense.

07 · Argentina or Paraguay

The same role, two places.

Same gross salary (about US$1,318)ArgentinaParaguay
Employer cost multiple1.37–1.40× (about 1.23× under RIFL)about 1.25×
Employee take-home83%91%
Weekly hours4848
Probation6 months (up to 8–12 by agreement in small firms)30–60 days
Severance after 3 years, without causeAbout 4 months’ pay with noticeAbout 3 months’ pay with notice
Minimum wage, October 2026ARS 391,200Gs 3,044,000

For a regional role that does not need to sit in Argentina, a Paraguayan contract is cheaper on both sides of the payslip and simpler to end. The RIFL discount narrows the gap for new hires until April 2027.

Law and practice: Paraguay: IPS 16.5% employer, 9% employee; aguinaldo one month a year; severance 15 days per year of service; minimum wage from 1 July 2026.

Questions

Straight answers.

What is Argentina’s Labour Modernisation Law?

Law 27,802, in force since 6 March 2026, which narrowed the severance base, created an employer severance fund (FAL), added flexible working time, reduced contributions for new hires and changed collective bargaining rules.

Is the Argentine labour reform suspended by the courts?

No. An injunction suspending 81 articles was lifted in May 2026 and the lifting confirmed in July. Some judges have struck down individual articles in specific cases, and the main constitutional case is pending.

What is the FAL in Argentina?

The Fondo de Asistencia Laboral, a monthly employer contribution of 1% (large firms) or 2.5% (SMEs) into an account used to pay severance, offset by lower social-security contributions. It starts on 1 November 2026.

How much does an employee cost in Argentina?

About 1.37 to 1.40 times gross salary including the 13th salary, or about 1.23 times for qualifying new hires under the 5% RIFL regime.

What is the RIFL?

A regime cutting employer contributions to 5% for 48 months for new hires registered between 1 May 2026 and 30 April 2027 who had no registered private job.

How much is severance in Argentina after the reform?

One month of normal monthly pay per year of service, excluding the 13th salary and vacation pay, with a cap of three times the collective-agreement average but never below 67% of real pay.

Can salaries be paid in dollars in Argentina?

Yes. Since the reform, wages may be paid in pesos or foreign currency.

Keep reading

Go deeper.

AB
Alexander BaranovFounder of the BCA network. Fifteen years in cross-border company formation, tax structuring and corporate law across 40+ jurisdictions — written from live client work, not theory. About the author →
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