Guide · 7. Labor and employment
Collective bargaining agreements and unions in Argentina
Last verified: 27 Oct 2026 · Status: Changing
In Argentina most private sector employees are not paid under their individual contract alone. Their minimum pay, job categories, seniority supplements, working conditions and part of the payroll deductions come from a convenio colectivo de trabajo (CCT), a collective agreement signed by a union with personería gremial and an employer association or a company, and then approved (homologated) or registered by the Labor Secretariat. What foreign investors most often underestimate is that a homologated CCT binds every worker and every employer in its scope, whether or not they are members of the signatory union or chamber (Law 14.250, art. 4). You do not opt into a CCT. If your activity falls within it, it applies from the first hire.
The key points:
- Which CCT applies depends on the activity, not the contract. A CCT governs "all workers of the activity, or of the region, or of the category" within its scope (Law 14.250, art. 4). Each CCT must state the activities, worker categories and territory it covers (art. 3). Retail and most services fall under the Commerce agreement, CCT 130/75, signed by the commerce workers' federation FAECYS with the Argentine Chamber of Commerce and Services (CAC), CAME and UDECA. Metalworking falls under CCT 260/75 (UOM). Banks fall under CCT 18/75 (Asociación Bancaria). Contact centers have their own CCT 781/20 (FAECYS with the contact center chamber). These numbers are confirmed in 2026 official dispositions (sources below).
- Union money has two layers. Members pay union dues (cuota de afiliación), which only members owe. Separately, a CCT may impose solidarity contributions (aportes solidarios) on members and non members alike. Since March 2026 these are capped at 2% of pay, and contributions to employer bodies at 0.5% (Law 14.250, art. 9, as replaced by Law 27.802, art. 133). Decree 407/2026 and Decree 612/2026 say how the cap is measured: globally, over all charges, on the conventional basic salary plus normal, habitual, monthly conventional pay.
- But the cap is contested in court for Commerce. A federal court in San Martín granted an injunction suspending arts. 131 and 133 of Law 27.802 (the ultraactivity limit and the 2% cap) for CCT 130/75 and CCT 781/20. The government appealed. The appeal was granted "with devolutive effect", which means the injunction keeps working while the appeal is pending. The Labor Secretariat amended its own homologations to comply (DNRYRT Dispositions 839/2026 and 883/2026). For the largest agreement in the country the 2% cap is therefore not operative while the injunction lasts.
- Wage scales are renegotiated constantly. The parties to each CCT meet in joint committees (paritarias) and sign wage agreements that the Labor Secretariat homologates, often months later. In Commerce the latest homologated agreement (signed 26 March 2026, homologated by Disposition 550/2026, registered as 878/26) raised basic wages by 5% between April and June 2026 and folded the fixed non remunerative sums into basic pay from July 2026. A Vendedor B (sales clerk) earns a basic salary of ARS 1,273,746 (US$ 814.47) a month from July 2026, plus 1% per year of seniority.
- Union delegates are protected. Elected delegates cannot be dismissed, suspended or have their conditions changed without a prior court order lifting their protection, during their term and for one year after (Law 23.551, arts. 48 and 52). Since Law 27.802 the protection is narrower: only full (not alternate) delegates are covered, candidates lose protection if they get under 5% of the vote, and paid union time is up to 10 hours a month unless the CCT grants more (arts. 44(c), 50 and 52, as replaced).
- "Fuera de convenio" is a fact question, not a label. Managers and senior staff are often treated as outside the CCT. Whether that holds depends on the scope and categories of the CCT itself, not on what the contract says. Even when an employee is truly outside every CCT, the severance cap is taken from the CCT of the establishment where the employee works (LCT art. 245, as replaced by Law 27.802, art. 51).
- 2024 to 2026 reforms changed the balance of power. DNU 70/2023 started the changes; Law 27.802 (BO 6 March 2026) wrote them into law: limited ultraactivity, priority of company agreements over activity agreements, caps on contributions, restrictions on assemblies, new unfair practices for unions, a duty to renegotiate expired CCTs within a year, and minimum service levels in strikes. Several of these provisions are being challenged in court.
Employment contracts, probation and severance in general are covered at /guide/labor/employment-contracts-and-severance/. Payroll contribution rates and the Labor Assistance Fund (FAL) are at /guide/taxes/payroll/. The line between employees, contractors and platform workers is at /guide/labor/contractors-platform-work/. This page does not repeat those topics; it focuses on how collective agreements and unions affect cost, compliance and management decisions.
Who should read this page.
- Foreign investors setting up a subsidiary or branch that will hire staff in Argentina, especially in retail, distribution, logistics, manufacturing, contact centers or financial services.
- HR and finance teams who need to budget payroll, decide who is "inside" or "outside" the CCT and set up union deductions correctly.
- Local SMEs who want to understand what changed with Law 27.802 and what is still disputed.
- Advisers checking the current status of the 2% cap, the ultraactivity rules and the renegotiation of expired agreements.
Peso amounts are converted at the dólar MEP (bolsa) selling rate of ARS 1,563.90 per US$ on 23 Oct 2026 (source: dolarapi.com, MEP quote). Conversions are indicative and move daily.
Key rules
1. The legal framework in one view
| Law or decree | What it governs | Current text |
|---|---|---|
| Law 14.250 (t.o. 2004) | Collective agreements: parties, form, homologation, erga omnes effect, ultraactivity, contributions, joint committees, articulation between levels | Infoleg updated text, includes Law 27.802 arts. 130 to 136 and 211 |
| Law 23.546 (t.o. 2004) | Procedure for negotiating: notice, bargaining committee, good faith, homologation deadline | Infoleg updated text, includes Law 27.802 arts. 149 to 151 |
| Law 23.551 | Trade unions: freedom of association, types of unions, personería gremial, dues, workplace delegates, union protection (tutela sindical), unfair practices | Infoleg updated text, includes DNU 70/2023 arts. 87 and 88 and Law 27.802 arts. 138 to 148 |
| Decree 199/1988 | Regulation of Law 14.250: employer side representativeness, obligational clauses, how to compute the art. 9 caps | Infoleg updated text, includes Decree 407/2026 arts. 5 to 7 and Decree 612/2026 art. 1 |
| Decree 467/1988 | Regulation of Law 23.551: employer contributions to unions (art. 4), retention of dues (art. 24), delegates, candidacy, protection | Original text plus Decree 407/2026 arts. 8 to 15 |
| Decree 149/2025 | Charges for employer chambers cannot be imposed on non member employers | BO 5 March 2025, in force 90 days later |
| LCT (Law 20.744) | Individual contract; arts. 9 (most favorable rule), 132 and 133 (deductions), 245 (severance cap by CCT) | Infoleg updated text with Law 27.802 changes |
2. What a CCT is and who it binds
- Parties. A CCT is signed between an employer association, an employer or a group of employers, and a trade union with personería gremial (Law 14.250, art. 1). Only the union with personería gremial has the exclusive right to bargain collectively (Law 23.551, art. 31(c)). Public sector staff under Laws 23.929 and 24.185 are excluded (Law 14.250, art. 1).
- Form and content. A CCT must be in writing and state the place and date, the parties and their standing, the activities and categories of workers covered, the territory, the term and the subjects negotiated (Law 14.250, art. 3). Those items define who is in and who is out.
- Effect on non members. Homologated CCT rules govern all workers of the activity, region or category within the CCT's scope, and agreements for more than one employer reach everyone in their scope, "whether or not workers and employers are members of the signatory associations" (Law 14.250, art. 4, as replaced by Law 27.802, art. 130).
- Homologation. Homologation requires that the CCT contains no clauses that violate public order or affect the general interest (art. 4). Company or group of companies agreements are filed for registration, publication and deposit, and may be homologated if a party asks (art. 4). The authority must homologate or register within 30 days of the request if the requirements are met; after that, with no pending observations, the CCT is tacitly homologated (Law 23.546, art. 6, as replaced by Law 27.802, art. 150). The CCT applies from the date of the act that homologates or registers it, and the Ministry must publish it within 10 days; if it does not, publication by a party has the same effect (Law 14.250, art. 5).
- Authority. The Labor, Employment and Social Security Secretariat of the Ministry of Human Capital is the application authority (Law 14.250, art. 4; Infoleg note: Resolution MCH 204/2024, BO 17 May 2024, delegated the Ministry's powers to the Secretariat). In practice, wage agreements are homologated by dispositions of the National Directorate of Labor Relations and Regulations (DNRYRT), for example Disposition 550/2026 for Commerce.
- Individual contracts cannot go below the CCT. Homologated CCT rules are mandatory and cannot be changed by individual contracts to the worker's detriment; but more favorable individual terms survive (Law 14.250, art. 8).
- CCT versus law. A CCT must respect statutory rules for each labor law institution unless its clauses on that institution are more favorable to workers under LCT art. 9, and as long as they do not affect rules issued to protect the general interest (Law 14.250, art. 7, as replaced by Law 27.802, art. 132). LCT art. 9 now compares norms "by institutions", that is, the whole set of rules governing each institution, not clause by clause (LCT art. 9, as replaced by Law 27.802, art. 3).
3. Levels of bargaining and which agreement prevails
Law 27.802 reversed the traditional preference for national activity agreements:
- Larger scope agreements cannot dictate the content of smaller scope agreements. Company agreements may set ways of articulating different bargaining units and may expressly refer subjects to larger scope agreements (Law 14.250, art. 18, as replaced by Law 27.802, art. 135).
- Order of priority. (a) A later CCT of the same scope modifies an earlier one "in any direction"; (b) a smaller scope CCT (for example a company agreement) prevails within its personal and territorial scope over a larger scope CCT, whether earlier or later (Law 14.250, art. 19, as replaced by Law 27.802, art. 136).
- Who bargains at company level. For company or regional bargaining, the workers' side is the first degree or company union with personería gremial in that scope, and any contrary union statute is invalid; for activity bargaining it is the federation or national first degree union (Law 23.546, art. 4, as replaced by Law 27.802, art. 149). The workers' side in a company CCT also includes workplace delegates, up to four (Law 14.250, art. 17).
- Company unions. A company union may obtain personería gremial if, for at least six continuous months before applying, it has more paying members in that company than the existing union with personería (Law 23.551, art. 29, as replaced by Law 27.802, art. 141). Decree 407/2026 lets the applicant prove paying members with invoices, payslips showing the dues deduction or employer certificates (Decree 467/1988, art. 21 bis, added by Decree 407/2026, art. 12).
- Employer side representativeness. Employer associations and chambers need representation of at least 10% of the workers in the scope to take part in bargaining, and the authority may admit up to two additional employer representations when the CCT applies in more than one jurisdiction (Decree 199/1988, art. 2, as replaced by Decree 407/2026, art. 5). For an activity or branch unit, the long standing rule requires associations covering at least 50% of the employers and 50% of the workers of the activity (Decree 199/1988, art. 2 bis).
- Companies in crisis. A company in crisis can be excluded from its CCT only by agreement with the signatory parties within the preventive crisis procedure of Law 24.013, and for a fixed period (Law 14.250, art. 20).
Practical meaning. A foreign group with a large Argentine operation can now negotiate a company CCT with the competent union that departs from the activity CCT, in either direction. The union with personería in that company is still the counterpart, and the agreement still needs registration.
4. Expiry, ultraactivity and the one year renegotiation
- The rule today. When a CCT has expired, only its normative clauses (individual conditions and direct benefits of work) survive until a new CCT enters into force or the parties agree to extend it; obligational clauses (for example union contributions and charges in favor of the parties) survive only by agreement (Law 14.250, art. 6, as replaced by Law 27.802, art. 131). DNU 70/2023 art. 86 had introduced a similar rule, which Law 27.802 replaced.
- What counts as obligational. Clauses that set contributions, charges, dues, withholdings, funds or any other economic or institutional charge in favor of the signatory parties or of entities, funds or institutes created, funded or run under the CCT, "whatever their name", are obligational; the name the parties give a clause does not change its nature (Decree 199/1988, art. 6, as replaced by Decree 407/2026, art. 6).
- Renegotiation within one year. Within one year from promulgation of Law 27.802 the Labor Secretariat must call the parties to negotiate, renegotiate or ratify expired CCTs. For CCTs whose normative clauses survive only by ultraactivity, the authority may, at either party's request, suspend the effects of the homologation if serious economic distortions affecting the general interest are summarily shown, until the new bargaining committee finishes (Law 27.802, art. 137).
- Decree 407/2026 on art. 137. CCTs whose original term has expired are considered expired; for CCTs with no stated expiry or term, the authority may use 31 December 2026 as the reference date for the call; the Secretariat had to start the call within 30 days of the decree's entry into force (Decree 407/2026, art. 4; BO 1 June 2026). The decree says these are administrative criteria only.
- Status. In homologating the Commerce agreement on 27 April 2026, the DNRYRT stated that the art. 137 procedure was "still pending" (Disposition 550/2026, recitals). Whether the call has since started for each CCT is not shown in the sources (unconfirmed). The exact promulgation date of Law 27.802, which starts the one year period, is not in the source file (unconfirmed).
- Commerce uses long terms. The March 2026 Commerce wage agreement runs from 1 April 2026 to 31 March 2031 and states that it stays in force until replaced by another agreement of the same level and scope (clauses five and ten, transcription of the agreement annexed to Disposition 550/2026). The scale tables are labelled "July 2026 to March 2031". Read with the art. 6 rule, a long agreed term keeps obligational clauses alive by agreement. The DNRYRT said clause ten of that agreement does not replace the art. 137 procedure and is not enforceable against the authority (Disposition 550/2026, recitals).
5. Union dues, solidarity contributions and employer charges
There are four different money flows, and the reforms treat them differently.
a) Union membership dues (cuota de afiliación). Only members pay. Unions have the right to impose dues on their members (Law 23.551, art. 23(d), as replaced by Law 27.802, art. 140). Dues are excluded from the 2% cap (Law 14.250, art. 9, second paragraph). The employer must act as withholding agent for dues and other contributions owed to unions with personería gremial, but only once the Labor Ministry issues a resolution ordering the withholding, at the union's request; if the Ministry does not decide within 30 days, the withholding is tacitly ordered (Law 23.551, art. 38). The union must notify the employer of that resolution, with a certified copy, at least 10 days before the first payment to which it applies (Decree 467/1988, art. 24). An employer who fails to withhold, or withholds but does not pay on time, becomes the direct debtor, and default is automatic (Law 23.551, art. 38). The dues rate is set by each union, not in the sources (unconfirmed).
b) Solidarity contributions under a CCT (aportes solidarios). Contributions and charges in a CCT in favor of workers' associations, valid for members and non members within the CCT's scope, cannot exceed 2% of workers' remuneration; union dues and benefits tied to membership are excluded (Law 14.250, art. 9, second paragraph, as replaced by Law 27.802, art. 133). The LCT confirms that deductions under laws or CCTs need no individual consent "taking into account the 2% cap", provided they go to the signatory union or unions; all other deductions need both the worker's express consent and prior authorization of the competent body (LCT art. 133, as replaced by Law 27.802, art. 37). Total deductions are capped at 20% of the cash pay (art. 133). Decree 407/2026 and Decree 612/2026 set the measurement rules: * The limits are computed globally over all economic charges imposed by the CCT; splitting them among concepts or beneficiaries cannot exceed the cap (Decree 199/1988, art. 6 bis, added by Decree 407/2026, art. 7). * The base is the conventional basic salary of the worker's category, plus normal and habitual monthly remunerative sums of conventional origin; bonuses, profit sharing, overtime, SAC, vacation plus, non remunerative sums and anything not paid normally, habitually and monthly are excluded (Decree 199/1988, art. 6 bis, third paragraph and the text added by Decree 612/2026, art. 1). * CCTs in force that exceed the limits must be readjusted; meanwhile, payment up to the global cap releases the payer up to that limit; CCTs that exceed the limits will not be homologated or registered (Decree 199/1988, art. 6 bis).
c) Employer contributions to unions. Contributions that employers agree to pay under a CCT are not the art. 9 second paragraph contributions; they are governed by Law 23.551 art. 9 (Decree 612/2026, art. 2). Law 23.551 prohibits unions from receiving economic help from employers, except contributions under legal or conventional rules (art. 9). These employer contributions must go exclusively to social, welfare, pension or cultural works for workers in the union's scope, and must be kept in a separate administration, documented apart from other union funds (Decree 467/1988, art. 4; Decree 612/2026, art. 2). Homologation dispositions repeat this warning (for example Disposition 550/2026, recitals, on clause nine of the Commerce agreement).
d) Charges in favor of employer chambers. Contributions in a CCT that benefit chambers or associations of employers, or entities run by employer representatives, cannot exceed 0.5% of workers' remuneration (Law 14.250, art. 9, first paragraph). Since Decree 149/2025, CCTs cannot impose such charges on non member employers unless they accept them voluntarily, and that acceptance (or a charge already being applied) can be revoked at any time by reliable notice to the entity; the Secretariat will not homologate agreements to the contrary (Decree 149/2025, arts. 1 and 2; in force 90 days after its BO publication of 5 March 2025, art. 3). Decree 407/2026 repeats that, within the cap, these charges are mandatory only for affiliated companies (Decree 199/1988, art. 6 bis, last paragraph).
Payslip transparency. The payslip must now show the contributions and amounts the employer pays by law or CCT (LCT art. 140(j), as replaced by Law 27.802, art. 39). Decree 407/2026 requires four sections and, on the front, a summary of the total labor cost with the employer's charges grouped at least as: union; social security; obra social; PAMI (INSSJP); ART; employer chambers or entities; other (Decree 407/2026, Annex I, art. 5).
Contested status. See "The Commerce injunction" below. For CCT 130/75 and CCT 781/20 the 2% cap of art. 133 and the ultraactivity rule of art. 131 are suspended by a court order while it lasts.
6. Joint committees (comisiones paritarias) and wage scales
- Optional committees. CCTs may create joint committees with equal numbers of employer and worker representatives of the same scope; their functioning and powers are those set in the CCT (Law 14.250, art. 13, as replaced by Law 27.802, art. 134).
- Powers. They may interpret the CCT with general effect; intervene in individual or plural disputes on CCT rules if the parties agree; intervene in collective conflicts of interest if both parties agree; and classify new tasks and reclassify tasks changed by technology or new organization. Their decisions become part of the CCT (Law 14.250, art. 14).
- When the CCT has none. Either party may ask the Ministry to set up a committee to interpret the CCT, chaired by a Ministry official (Law 14.250, art. 15).
- Starting negotiations. The party that wants to negotiate notifies the other in writing, with a copy to the labor authority, stating its representation, the scope and the subjects (Law 23.546, art. 2). The other party must respond and appoint its representatives (art. 3). After a CCT expires, or within 60 days before expiry, the Ministry must start negotiations at either party's request (Law 14.250, art. 11). The bargaining committee is formed within 15 days of the notice (Law 23.546, art. 4).
- Good faith. Both sides must attend meetings, appoint negotiators with sufficient mandate, exchange necessary information (including information on productivity gains, the employment situation and its outlook) and make real efforts to agree; at company level the information duty extends to the company's economic situation, unit labor cost, absenteeism, planned technological and organizational changes, working time, accidents and training (Law 23.546, art. 4(a) and (b)). A court may order an end to bad faith conduct and fine the offending party up to 20% of the monthly payroll of the workers in scope, increased by 10% for every five days of delay, and up to 100% for repeat offences (art. 4(e)).
- Disputes. Law 14.786 applies to disputes during bargaining; the parties may agree to use a mediation, conciliation and arbitration service within the Secretariat (Law 23.546, art. 7, as replaced by Law 27.802, art. 151).
How a wage round looks in practice (Commerce, 2026). The March 2026 Commerce agreement (FAECYS with CAC, CAME and UDECA, CCT 130/75) provides, per the transcription of the annex to Disposition 550/2026: * a 5% remunerative increase of basic wages: 2% from April, 1.5% from May and 1.5% from June 2026, computed on March 2026 basic wages plus the non remunerative sums then in force (clauses one and two); * the fixed non remunerative sums of ARS 40,000 and ARS 60,000 extended to June 2026, and a further ARS 20,000 "recomposition" sum for April to June 2026; the June amounts (ARS 100,000 and ARS 20,000) are incorporated into basic pay from July 2026 (clause three); * non remunerative sums count for presentismo (CCT art. 40), seniority (CCT art. 24), SAC, severance, overtime and vacation pay, and bear contributions only to the commerce obra social (OSECAC) and the worker contributions of CCT arts. 100 and 101 (clause three); * an extraordinary employer contribution of ARS 28,000 per month per employee covered by CCT 130/75, paid to OSECAC within 10 days after each month, for the term of the agreement (clause nine); * a term from 1 April 2026 to 31 March 2031 and a commitment to meet in June 2026 to review scales, with any further increase to be non remunerative (clause five).
The labor authority warned the parties that non remunerative sums must respect LCT art. 103, that the solidarity contribution must respect the maximum of Law 27.802 art. 133, and that the employer contribution of clause nine must be administered separately under Decree 467/1988 art. 4 (Disposition 550/2026, recitals). The second warning was later "clarified" to be read in line with the court injunction (Disposition 839/2026).
7. Union delegates and their protection
- Who represents workers at the workplace. Delegates, internal committees and similar bodies represent the workers before the employer and the labor authority, and the union before the employer and the workers (Law 23.551, art. 40).
- Eligibility. A delegate must be a member of the union with personería gremial, elected by direct secret vote of the workers represented, during working hours at the workplace; must have been a member for at least one year, be at least 18 and have worked for the company during the whole previous year (with exceptions for new establishments and short contracts) (Law 23.551, art. 41).
- Number of delegates, absent a CCT rule: 10 to 50 workers, 1; 51 to 100, 2; above 100, one more for every 100 workers above 100; at least one per shift (Law 23.551, art. 45).
- Employer duties. Provide a place for delegates where needed, hold periodic meetings, and grant each delegate a paid time credit of up to 10 hours per month, unless the CCT grants more; the use of that time cannot interrupt activities in the work area (Law 23.551, art. 44, (c) as replaced by Law 27.802, art. 142). The credit must be used compatibly with operations, not in critical sectors, notified at least 48 hours in advance, and cannot be accumulated or transferred (Decree 467/1988, art. 28, as replaced by Decree 407/2026, art. 13).
- Assemblies. A union may call staff assemblies and delegate congresses only if they do not affect the normal activities of the company or third parties; an assembly inside or outside the workplace needs the employer's prior authorization of time and duration, and of place if inside; the employer must be up to date with salary payments to exercise this power (the text is ambiguous on who must be up to date); workers do not earn wages during the assembly (Law 23.551, art. 20 bis, as replaced by Law 27.802, art. 138).
- Protection of elected delegates. Delegates continue working and cannot be suspended, have conditions changed or be dismissed during their term and for one more year, except for just cause (Law 23.551, art. 48). The protection requires that the designation complied with legal requirements and was communicated to the employer in writing (art. 49). Officials who stop working to hold union office get unpaid leave, job reservation and cannot be dismissed for one year after their term ends (art. 48).
- Candidates. From reliable notice to the employer of a candidacy, and for six months, the worker cannot be dismissed or suspended without just cause or have conditions changed, unless the establishment or sector is totally reorganized. Protection ends if the candidacy is not made official or the candidate gets less than 5% of the valid votes (Law 23.551, art. 50, as replaced by Law 27.802, art. 143). The candidacy is not enforceable against the employer until the union notifies the employer reliably with the worker's name, ID, office sought, list, establishment and date of receipt (Decree 467/1988, art. 29, as replaced by Decree 407/2026, art. 14).
- Court order first. Protected workers cannot be suspended, dismissed or have conditions changed without a prior court order excluding them from the protection, through the summary procedure of art. 47. The court may suspend the work obligation as a precautionary measure within five days, at the employer's request, if the worker's presence endangers people, property or normal operations (Law 23.551, art. 52, as replaced by Law 27.802, art. 144; Decree 467/1988, art. 30, as replaced by Decree 407/2026, art. 15).
- Narrower scope since 2026. Protection applies only to legally elected delegates or representatives holding full positions, plus up to two full congress delegates in large companies and one in SMEs (the latter only while attending the congress); alternates are not protected (art. 52).
- Remedies. A protected worker dismissed or affected in breach may sue for reinstatement plus lost wages, or restoration of conditions; the court may impose progressive penalties under Civil and Commercial Code art. 804 (art. 52). Alternatively, a delegate may treat the contract as terminated and claim, on top of severance, the pay for the rest of the term and one more year; an unelected candidate may claim the pay for the rest of the protection period plus one year, not cumulative with the discrimination surcharge of LCT art. 245 bis (art. 52).
- Garden leave option. The employer may release a protected worker from work, notifying the Ministry within 48 business hours and keeping all legal and CCT obligations, and must then file a court action within a 10 day deadline to confirm the grounds or seek exclusion from protection (art. 52).
- Collective dismissals. Protection cannot be invoked if the establishment closes or there is a general suspension; in reductions by seniority order, protected workers are excluded from the order (Law 23.551, art. 51).
8. Strikes, blockades and unfair practices
- Very serious infractions. Affecting the freedom to work of non strikers by acts, intimidation or threats; provoking, inciting or organizing blockades or occupations, or obstructing entry and exit of people or goods; causing damage to people or property, inside or outside the workplace, or unduly retaining them. The union responsible may be sanctioned under the regulation (Law 23.551, art. 20 ter, as replaced by Law 27.802, art. 139; first introduced by DNU 70/2023, art. 88).
- Unfair practices by unions (new art. 53 bis): those acts; disrupting the company through assemblies in breach of art. 20 bis; promoting compulsory membership, directly or indirectly; extortion to obtain membership or against employers; reprisals against non strikers; refusing to bargain or delaying bargaining; not complying with mandatory conciliation (Law 23.551, art. 53 bis, added by Law 27.802, art. 145).
- Unfair practices by employers remain (art. 53): subsidizing a union, interfering with it, obstructing or promoting membership, reprisals for union activity, refusing to bargain, dismissing or changing conditions to hinder union rights, among others.
- Penalties. Fines under the general labor sanctions regime of Law 25.212, up to five times the maximum for multiple practices or repeat offences; for unions, up to 20% of the dues income of the month of the infraction; plus 10% for every five days of continued non compliance; reduction up to 50% if the practice is remedied in time; repeated union misconduct may lead the labor courts to revoke the union's personería or registration (Law 23.551, art. 55, as replaced by Law 27.802, art. 147). Any affected party can file a complaint in court (art. 54, as replaced by art. 146).
- Minimum services. In conflicts affecting essential services, coverage cannot be below 75% of normal service; in activities of "transcendental importance", not below 50% (Law 25.877, art. 24, as replaced by Law 27.802, art. 101). The list of activities of transcendental importance includes banking and financial services, hotels and restaurants, electronic commerce, the food industry, land transport of people and goods, continuous industry and export committed production. Direct action requires five days prior notice to the authority, and minimum services are agreed the next day or set by the authority with a Guarantees Commission (art. 24, as replaced).
- Union framing disputes (encuadramiento). Unions must first use the internal route through their higher level organization; after 60 business days either may go to the labor authority, which must decide within 20 business days; the decision can be appealed directly to the National Labor Court of Appeals. A framing dispute only decides which union represents the workers, and does not justify disrupting production (Law 23.551, art. 59, as replaced by Law 27.802, art. 148; art. 62).
9. Out of agreement (fuera de convenio) employees
There is no statutory category called "fuera de convenio". The term describes employees whose job is outside the personal scope of every applicable CCT. The analysis runs as follows:
- The CCT defines its own scope. Each CCT must state the activities and categories of workers it covers (Law 14.250, art. 3(c)). Within that scope it applies to everyone, members or not (art. 4). So the question is whether the employee's actual job falls within a category listed in the CCT, not whether the contract says "fuera de convenio".
- Labels do not override facts. CCT rules cannot be changed to the worker's detriment by the individual contract (Law 14.250, art. 8). A clause stating that a cashier or an administrative supervisor is "outside the CCT" is ineffective if the job matches a CCT category.
- Commerce categories. The CCT 130/75 wage scales list the categories Administrativo A to F, Cajeros A to C, Vendedores A to D, Personal Auxiliar A to C, Auxiliar Especializado A and B, and Maestranza A to C (annex to Disposition 550/2026). The definitions of each category, and any express exclusion of managerial staff, are in the CCT text itself, which is not in the sources (unconfirmed).
- Severance cap still linked to a CCT. For workers excluded from every CCT, the severance cap is that of the CCT applicable to the establishment where they work, or the most favorable one if there is more than one (LCT art. 245, as replaced by Law 27.802, art. 51). The cap can never reduce the base below 67% of the worker's monthly normal and habitual pay (art. 245).
- Working hours. The 8 hour / 48 hour limits do not apply to management or supervisory jobs (Law 11.544, art. 3(a), as replaced by Law 27.802, art. 100). This exception is about the job's real functions, like the CCT analysis.
- What changes if the employee is out. No CCT minimum scale, no CCT seniority or presentismo supplements, no CCT solidarity contribution (unless the worker is a union member, which is rare for managers), and the CCT's working time rules do not apply. Statutory rules (LCT, social security, income tax) still apply in full.
- What does not change. The LCT protections (notice, severance, vacation, SAC) apply to everyone; the art. 245 cap still uses a CCT average; and income tax withholding applies regardless.
10. The Commerce injunction (court status of the 2026 reform)
Two DNRYRT dispositions of July 2026 record the following:
- A union of commerce employees filed an amparo (constitutional action under Law 16.986) against the National State: "SINDICATO EMPLEADOS DE COMERCIO DE SAN MARTIN c/ ESTADO NACIONAL s/ AMPARO LEY 16.986", file FSM 14867/2026, before Federal Civil, Commercial and Administrative Court No. 2 of San Martín, Secretariat No. 3.
- The court granted a precautionary measure suspending arts. 131 and 133 of Law 27.802 with respect to CCT 130/75 (Disposition 839/2026, recitals) and with respect to CCT 781/20 (Disposition 883/2026, recitals).
- The Ministry's legal service appealed, and the appeal was granted with devolutive effect (both dispositions), which means the measure applies while the appeal is decided.
- To comply "temporarily", the DNRYRT clarified that the limitation in its homologation of the Commerce wage agreement (the warning that the solidarity contribution must respect the art. 133 maximum) must be read according to the scope and for the duration of the injunction (Disposition 839/2026, art. 1). It did the same for the contact center agreement (Disposition 883/2026, art. 1).
What this means in practice:
- For employers under CCT 130/75 and CCT 781/20, while the injunction lasts, the 2% cap and the art. 6 limit on ultraactivity of obligational clauses cannot be relied on against the union. Withhold and pay what the CCT provides, and document it so that any refund or adjustment can be handled if the injunction is lifted.
- The text of the injunction itself, its exact scope (only the plaintiff union's territory, or the whole CCT) and the status of the appeal are not in the sources (unconfirmed). The DNRYRT dispositions describe it as applying "with respect to" each CCT.
- Other unions may have obtained similar orders for other CCTs; the sources show only these two (unconfirmed).
DNU 70/2023. Its labor chapter (Title IV), including the CCT and union provisions (arts. 86 to 88) and the requirement of explicit consent for union deductions (art. 73, replacing LCT art. 132(c)), was challenged in court soon after publication. The status of those challenges is not in the sources (unconfirmed). For the provisions discussed on this page, the question matters less now because Law 27.802 replaced the same articles by statute (Law 14.250 art. 6; Law 23.551 arts. 20 bis and 20 ter; LCT art. 133). Infoleg still lists Law 14.250 art. 6 and Law 23.551 arts. 20 bis and 20 ter as originally introduced by DNU 70/2023 in its notes.
Step by step
A. Determining which CCT applies to a new Argentine entity
- Define the main activity of the Argentine entity (and of each establishment). The CCT follows the activity and territory (Law 14.250, arts. 3 and 4). A trading company, a distributor and a software services firm can end up under the same Commerce CCT if their activity matches its scope.
- Identify candidate CCTs in the Ministry of Labor's CCT registry and in recent DNRYRT dispositions published in the Boletín Oficial and Infoleg, which state the CCT number of each wage agreement.
- Read the CCT's scope clause (activities, categories, territory) and the latest wage agreement and scales.
- Map each job to a CCT category, or document why it is outside (see Example 2).
- Check union framing risk. If two unions could claim your workers, expect a framing dispute (Law 23.551, art. 59). Get a written legal opinion before hiring.
- Consider a company CCT if you will have a large workforce: it can prevail over the activity CCT (Law 14.250, art. 19) but needs the union with personería in your company as counterpart.
B. Setting up payroll under a CCT
- Register employees with ARCA from day one (the single registration under LCT art. 52; Decree 407/2026, Annex I, art. 1). See /guide/taxes/payroll/.
- Load the CCT code and category for each worker in the payroll system (unconfirmed).
- Apply the current scale, seniority, presentismo and any non remunerative sums, with the payslip labels required by the agreement (for Commerce 2026, for example, "Incremento No Remunerativo Acuerdo Abril 2026" until June 2026).
- Withhold union items: dues for members once the union notifies the Ministry withholding resolution (Law 23.551, art. 38; Decree 467/1988, art. 24); CCT solidarity contributions within the 2% cap, unless an injunction applies to your CCT (see Section 10).
- Pay employer CCT charges: for Commerce, ARS 28,000 per employee per month to OSECAC (clause nine of the 2026 agreement); chamber charges only if you are a member or accept them (Decree 149/2025).
- Issue payslips in the four section format with the labor cost summary (Decree 407/2026, Annex I, art. 5; Annex III model).
- Deposit withheld amounts on time. Failure makes the employer the direct debtor (Law 23.551, art. 38).
- Track new wage agreements and homologations monthly; agreements are often signed months before homologation and may require payments "on account" while homologation is pending (Commerce agreement, clause fourteen).
C. Handling union delegates and elections
- When the union notifies an election, record the date and the candidates notified (Decree 467/1988, art. 29).
- From notice, treat candidates as protected for six months (Law 23.551, art. 50).
- After the election, request written confirmation of who was elected as full delegate (art. 49).
- Agree a protocol for the 10 hour time credit and 48 hour notice (art. 44(c); Decree 467/1988, art. 28).
- Before any dismissal, suspension or change of conditions of a protected worker, file for exclusion of protection in the labor court (art. 52). If there is an urgent risk, use the precautionary suspension or the garden leave route with notice to the Ministry within 48 business hours and a court action within 10 days.
Cost to do it. No government fee for homologation, registration or dues withholding resolutions appears in the sources (unconfirmed). Time: homologation within 30 days of a complete filing, or tacit homologation (Law 23.546, art. 6), although in practice the 2026 Commerce homologation took about a month from filing (agreement signed 26 March 2026, homologated 27 April 2026) and three more months to BO publication (20 July 2026). Capital: none. Professional fees for a CCT framing opinion or company CCT negotiation are market based (unconfirmed).
Costs and timelines
Table 1. Main collective agreements for foreign businesses
| Sector | CCT | Signatory union | Employer side (as shown in 2026 dispositions) | Source in this project |
|---|---|---|---|---|
| Retail, wholesale, most commercial and many service activities | 130/75 | FAECYS (Federación Argentina de Empleados de Comercio y Servicios) | CAC (Cámara Argentina de Comercio y Servicios), CAME, UDECA | Dispositions 550/2026, 839/2026, 252/2026 |
| Contact centers | 781/20 | FAECYS | Cámara Argentina de Centros de Contacto (CACC) | Dispositions 337/2026, 829/2026, 883/2026 |
| Travel agencies | 547/08 | FAECYS | FAEVYT | Disposition 75/2026 |
| Metalworking industry | 260/75 | UOM (Unión Obrera Metalúrgica) | ADIMRA, AFARTE, CAIAMA, FEDEHOGAR, AFAC, CAMIMA | Dispositions 207/2026, 224/2026 |
| Banks | 18/75 | Asociación Bancaria | ABAPPRA, ABA, ADEBA, ABE | Dispositions 263/2026, 280/2026 |
| Road freight and logistics (Camioneros) | 40/89 (unconfirmed) | Sindicato de Trabajadores Camioneros (name appears in SSTEYSS Resolution 554/2026 on its statute) | Not in sources | Union name only; CCT number not confirmed |
| Software and IT services | No specific national CCT found in the sources | Not applicable | Not applicable | (unconfirmed) |
Table 2. Caps and thresholds after the 2026 reform
| Item | Rule | Legal basis | Status |
|---|---|---|---|
| Solidarity contributions to unions (members and non members) | Max 2% of remuneration, measured globally on conventional basic plus normal habitual monthly conventional pay | Law 14.250 art. 9; Decree 199/1988 art. 6 bis (Decrees 407/2026 and 612/2026) | In force; suspended for CCT 130/75 and 781/20 by injunction |
| Contributions to employer chambers and entities | Max 0.5% of remuneration; mandatory only for member employers | Law 14.250 art. 9; Decree 149/2025; Decree 199/1988 art. 6 bis | In force |
| Union dues | Not capped by art. 9; set by union; members only | Law 14.250 art. 9; Law 23.551 art. 23(d) | In force |
| Total deductions from pay | Max 20% of cash pay | LCT art. 133 | In force |
| Paid union time per delegate | Up to 10 hours/month unless CCT grants more; 48 hours notice | Law 23.551 art. 44(c); Decree 467/1988 art. 28 | In force |
| Delegates per establishment (default) | 1 (10 to 50 workers); 2 (51 to 100); +1 per 100 above 100 | Law 23.551 art. 45 | In force |
| Candidate protection | 6 months from notice; lost below 5% of votes | Law 23.551 art. 50 | In force |
| Delegate protection | Term plus 1 year; full delegates only | Law 23.551 arts. 48, 52 | In force |
| Employer side representativeness | At least 10% of workers in scope | Decree 199/1988 art. 2 (Decree 407/2026) | In force |
| Union personería contest | Challenger must exceed incumbent by at least 5% of paying members; decision in 45 days | Decree 467/1988 art. 21 (Decree 407/2026) | In force |
| Bad faith bargaining fine | Up to 20% of monthly payroll in scope; up to 100% for repeat | Law 23.546 art. 4(e) | In force |
| Union unfair practice fine | Up to 20% of monthly dues income | Law 23.551 art. 55 | In force |
| Minimum service in strikes | 75% essential; 50% transcendental importance | Law 25.877 art. 24 | In force (unconfirmed) |
| Severance cap | 3 times average CCT salary; floor 67% of real base | LCT art. 245 | In force |
Table 3. Deadlines
| Step | Deadline | Legal basis |
|---|---|---|
| Ministry decides on union request to order dues withholding | 30 days, else tacitly ordered | Law 23.551 art. 38 |
| Union notifies employer of the withholding resolution | At least 10 days before the first payment affected | Decree 467/1988 art. 24 |
| Bargaining committee formed after notice to negotiate | 15 days | Law 23.546 art. 4 |
| Ministry starts negotiations on request | From 60 days before expiry or after expiry | Law 14.250 art. 11 |
| Homologation or registration of a CCT | 30 days, else tacit homologation | Law 23.546 art. 6 |
| Ministry publishes homologated CCT | 10 days, else a party may publish | Law 14.250 art. 5 |
| Notice of use of union time credit | At least 48 hours | Decree 467/1988 art. 28 |
| Employer notifies Ministry when releasing a protected worker from work | 48 business hours | Law 23.551 art. 52 |
| Employer files court action after releasing a protected worker | 10 days from the facts (forfeiture) | Law 23.551 art. 52 |
| Court decides precautionary suspension of a protected worker | 5 days | Law 23.551 art. 52 |
| Renegotiation call for expired CCTs | Within 1 year of promulgation of Law 27.802; Secretariat to start within 30 days of Decree 407/2026 (BO 1 June 2026); reference date 31 Dec 2026 for CCTs without expiry | Law 27.802 art. 137; Decree 407/2026 art. 4 |
| Union framing dispute: internal route, then authority | 60 business days, then 20 business days | Law 23.551 art. 59 |
| Prior notice of direct action in essential or transcendental activities | 5 days | Law 25.877 art. 24 |
| Commerce OSECAC extraordinary employer contribution | Within 10 days after each month | Commerce agreement of 26 March 2026, clause nine |
| Claims for CCT differences | 2 years | LCT art. 256 |
Table 4. Timeline of norms
| Date (BO) | Norm | Effect on this topic |
|---|---|---|
| 20 Oct 1953 | Law 14.250 (sanctioned 29 Sep 1953) | Collective agreements law |
| 19 Feb 1988 | Decree 199/1988 (dated 15 Feb 1988) | Regulation of Law 14.250 |
| 22 Apr 1988 | Law 23.551 (sanctioned 23 Mar 1988, promulgated 14 Apr 1988) | Trade unions law |
| 22 Apr 1988 | Decree 467/1988 (dated 14 Apr 1988) | Regulation of Law 23.551 |
| 3 Sep 2004 | Decree 1135/2004 | Ordered texts of Laws 14.250 and 23.546 |
| 21 Dec 2023 | DNU 70/2023 | Limited ultraactivity (art. 86), assemblies and blockades (arts. 87, 88), explicit consent for union deductions (art. 73) |
| 17 May 2024 | Resolution MCH 204/2024 | Delegates CCT authority to the Labor Secretariat |
| 8 Jul 2024 | Law 27.742 (Bases Law) | Labor chapter; CCTs may replace severance with a cessation fund (art. 96); repeals Law 25.345 arts. 43 to 48 (art. 99) |
| 5 Mar 2025 | Decree 149/2025 (dated 28 Feb 2025; in force 90 days later) | No chamber charges on non member employers |
| 6 Mar 2026 | Law 27.802 (sanctioned 27 Feb 2026) | Rewrites Laws 14.250, 23.546 and 23.551 (arts. 130 to 151), caps, renegotiation, minimum services |
| 1 Jun 2026 | Decree 407/2026 (dated 29 May 2026) | Regulates art. 137, art. 9 caps, delegates, candidacy, protection, payslip |
| 20 Jul 2026 | Decree 612/2026 (dated 17 Jul 2026, in force from that date) | Base for art. 9 cap; employer contributions to unions |
| 20 Jul 2026 | DNRYRT Dispositions 550/2026 (dated 27 Apr 2026) and 839/2026 (dated 3 Jul 2026) | Commerce 2026 wage agreement; compliance with injunction on arts. 131 and 133 |
| 21 Jul 2026 | DNRYRT Dispositions 829/2026 and 883/2026 | Contact center wage agreement; same injunction for CCT 781/20 |
| 27 Jul 2026 | DNRYRT Disposition 252/2026 (dated 11 Feb 2026) | Commerce severance caps, April to November 2025 |
Table 5. Commerce CCT 130/75 basic monthly wages from July 2026 (initial, no seniority)
Source: wage scales annexed to Disposition 550/2026, tables "Julio de 2026 a Marzo de 2031" (as printed). Seniority adds 1% of the basic per year (visible in the tables; CCT art. 24). Presentismo under CCT art. 40 is added on top ("las cifras... deberán ser incrementadas con la asignación complementaria establecida por el artículo 40 del CCT 130/75", note under each table); its rate is not in the sources (unconfirmed).
| Category | ARS per month | US$ |
|---|---|---|
| Maestranza A | 1,233,585 | 788.79 |
| Administrativo A | 1,245,631 | 796.49 |
| Cajeros A / Vendedores A / Personal Auxiliar A | 1,249,646 | 799.06 |
| Administrativo C / Cajeros B | 1,255,270 | 802.65 |
| Cajeros C | 1,262,499 | 807.28 |
| Administrativo D | 1,269,729 | 811.90 |
| Vendedores B | 1,273,746 | 814.47 |
| Administrativo E / Vendedores C | 1,281,775 | 819.60 |
| Personal Auxiliar C | 1,284,184 | 821.14 |
| Administrativo F / Vendedores D | 1,299,445 | 830.90 |
For comparison, the national minimum wage (SMVM) is ARS 391,200 (US$ 250.14) from 1 October 2026 and ARS 398,800 from 1 November 2026 for full time monthly workers (CNEPYSMVYM Resolution 4/2026, art. 1(b) and (c)).
Table 6. Commerce severance caps (general scope)
Source: Disposition 252/2026, Annex DI-2026-14608916-APN-DTRT#MCH (registered as 166/26 "T"). Separate higher figures apply in Río Negro and Neuquén, and in Chubut, Santa Cruz and Tierra del Fuego.
| From | Average CCT salary (ARS) | Cap (3 times) ARS | Cap US$ |
|---|---|---|---|
| 1 Apr 2025 | 1,108,545.34 | 3,325,636.02 | 2,126.50 |
| 1 Jul 2025 | 1,161,809.43 | 3,485,428.29 | 2,228.68 |
| 1 Oct 2025 | 1,195,031.65 | 3,585,094.95 | 2,292.41 |
| 1 Nov 2025 | 1,206,105.54 | 3,618,316.62 | 2,313.65 |
Caps from December 2025 onward, including those derived from the March 2026 agreement, are not in the sources (unconfirmed).
Worked examples
Example 1. Monthly cost of a sales clerk under the Commerce CCT 130/75 (October 2026)
Facts (hypothetical). A foreign owned retailer in the City of Buenos Aires hires a full time sales clerk classified as Vendedor B under CCT 130/75, with 3 years of seniority, in October 2026. The company is a large commerce employer above the "mediana tramo 2" sales limit, so the employer rate is 20.40% (Law 27.541 art. 19(a), as summarised at /guide/taxes/payroll/). The worker is not a union member and has no dependants added to the obra social. Presentismo is first left out because its rate is not in the sources, then added as a sensitivity.
Step 1. CCT pay. From the July 2026 to March 2031 scale for Vendedor B (annex to Disposition 550/2026): * Basic: ARS 1,273,746.00 (US$ 814.47) * Seniority, 3 years (1% per year of basic, as shown in the table): ARS 38,212.00 (US$ 24.43) * Gross remunerative pay: ARS 1,311,958.00 (US$ 838.90)
There are no non remunerative sums from July 2026; they were folded into the basic (clause three).
Step 2. Employer social security. * Base for the unified rate: 1,311,958.00 minus the ARS 7,003.68 monthly deduction (Law 27.541 art. 22) = ARS 1,304,954.32. * Unified contribution 20.40%: ARS 266,210.68 (US$ 170.22). (At 18% for an SME: ARS 234,891.78, US$ 150.20.) * Obra social 6% on 1,311,958.00: ARS 78,717.48 (US$ 50.33) (Law 23.660 art. 16(a)). * ART premium: depends on the insurer's rate (unconfirmed). * Mandatory life insurance and any CCT life insurance: not in sources (unconfirmed). * From 1 December 2026 the FAL contribution (1% for large companies, ARS 13,119.58) is offset by an equal reduction in employer contributions, so the total does not change (Law 27.802 arts. 60 and 76; see /guide/taxes/payroll/).
Step 3. Employer CCT charges. * OSECAC extraordinary contribution: ARS 28,000.00 (US$ 17.90) per month (clause nine). * INACAP contribution (training institute, homologated by Resolution 600/2008 MT, mentioned in clause three): rate not in sources (unconfirmed). * Charges for employer chambers: mandatory only if the company is a member of the signatory chamber or accepts them (Decree 149/2025, art. 1); maximum 0.5% of pay = ARS 6,559.79 (US$ 4.19) (Law 14.250 art. 9).
Step 4. Total monthly employer cost (sourced items only).
| Item | ARS | US$ |
|---|---|---|
| Gross pay | 1,311,958.00 | 838.90 |
| Unified employer contribution (20.40%) | 266,210.68 | 170.22 |
| Obra social (6%) | 78,717.48 | 50.33 |
| OSECAC extraordinary contribution | 28,000.00 | 17.90 |
| Total | 1,684,886.16 | 1,077.36 |
| Plus ART, life insurance, INACAP, chamber charges if any | (unconfirmed) | (unconfirmed) |
Annualised including SAC (LCT arts. 121 and 122: one twelfth of annual pay, paid in two halves), with the art. 22 deduction at 50% on each SAC half and the OSECAC sum paid 12 times: ARS 21,875,520.10 a year (US$ 13,987.80), or an average of ARS 1,822,960.01 a month (US$ 1,165.65), before ART and the other open items.
Step 5. Worker deductions and net pay. * SIPA 11%: ARS 144,315.38 (US$ 92.28) * PAMI 3%: ARS 39,358.74 (US$ 25.17) * Obra social 3%: ARS 39,358.74 (US$ 25.17) * Total statutory: ARS 223,032.86 (US$ 142.61) * Net before union items and income tax: ARS 1,088,925.14 (US$ 696.29) * CCT worker contributions under CCT 130/75 arts. 100 and 101: rates not in the sources (unconfirmed). Under the Law 27.802 cap, the total of CCT solidarity contributions could not exceed 2% of the base defined by Decree 612/2026 (basic plus seniority here): ARS 26,239.16 (US$ 16.78). But for CCT 130/75 the 2% cap is suspended by the San Martín injunction (Disposition 839/2026), so while it lasts the CCT rates apply as written even if they exceed 2%. * Union dues: only if the worker joins the union; rate not in sources (unconfirmed).
Step 6. Presentismo sensitivity. Every table says the remunerative figures must be increased by the CCT art. 40 supplement. If that supplement is one twelfth of pay (8.33%), as payroll practice commonly applies, it adds ARS 109,286.10 (US$ 69.88) a month; gross becomes ARS 1,421,244.10 (US$ 908.78), the monthly employer cost becomes ARS 1,823,023.79 (US$ 1,165.69) and the 2% illustration becomes ARS 28,424.88 (US$ 18.18).
Takeaway. For a Commerce sales clerk, statutory social security adds about 26% to gross pay, and the CCT adds a fixed ARS 28,000 a month in employer charges (about 2% of pay at this level) plus worker contributions whose cap is currently suspended for this CCT. Budget on the CCT scale plus presentismo plus seniority, not on the SMVM: the Vendedor B basic is more than three times the October 2026 minimum wage.
Example 2. Can a regional store manager be "fuera de convenio"?
Facts (hypothetical). The same retailer appoints a regional manager for its five stores. Proposed pay: ARS 6,000,000 a month (US$ 3,836.56). Duties as drafted: hires and dismisses store staff, sets schedules, signs off budgets, reports to the country general manager, works no fixed hours. The HR team wants a "fuera de convenio" contract.
Step 1. Which CCT governs the establishment? The stores are retail commerce, so CCT 130/75 applies to the activity (Law 14.250, arts. 3 and 4).
Step 2. Does the job fit a CCT category? The 2026 scales list Administrativo A to F, Cajeros, Vendedores, Personal Auxiliar, Auxiliar Especializado and Maestranza. If the CCT's definitions cover supervisors of sales staff in any of these categories, a manager with supervisory but not genuine managerial functions could fall inside (unconfirmed). The test is the real function, not the title (Law 14.250, art. 8).
Step 3. Evidence that supports exclusion. Real power to hire, discipline and dismiss; budget authority; representing the company before third parties; pay far above the top CCT category; no time control. Here pay is about 4.6 times the highest July 2026 basic in Table 5 (ARS 1,299,445). Document the delegation of authority (board minutes or powers of attorney).
Step 4. What exclusion saves. * CCT solidarity contributions: none for a non member outside the CCT. If the manager were inside, the Law 27.802 cap would be measured on the conventional basic of the category, not on actual pay (Decree 199/1988, art. 6 bis, as amended by Decree 612/2026): for example 2% of the Administrativo F basic, ARS 1,299,445, is ARS 25,988.90 (US$ 16.62) a month, not 2% of ARS 6,000,000. But for CCT 130/75 that cap is suspended by the injunction, so the worker contribution would follow the CCT clauses. * OSECAC extraordinary contribution: ARS 28,000 a month (clause nine applies to each employee "comprendido en el CCT 130/75"). * Working time rules: the management exception of Law 11.544 art. 3(a) avoids overtime claims, but only if the functions are genuinely managerial.
Step 5. What exclusion does not save: severance. Suppose the manager is dismissed without cause after 6 years and 2 months. Severance is one month per year or fraction above three months = 6 months (LCT art. 245). The base is the best monthly normal and habitual pay, ARS 6,000,000, capped at 3 times the CCT average of the establishment's CCT (art. 245, fourth and fifth paragraphs), but never below 67% of the real base. * Latest Commerce cap in the sources: ARS 3,618,316.62 from 1 November 2025 (Disposition 252/2026, general scope). A later cap may apply (unconfirmed). * 67% floor: 6,000,000 × 67% = ARS 4,020,000 (US$ 2,570.50). * The cap (3,618,316.62) is below the floor, so the base is the floor: ARS 4,020,000. * Severance: 6 × 4,020,000 = ARS 24,120,000 (US$ 15,422.98), instead of ARS 36,000,000 (US$ 23,019.37) without any cap. The CCT link saves ARS 11,880,000 (US$ 7,596.39) even for a manager outside the CCT, because the law borrows the establishment's CCT cap. * Notice, SAC and vacation on termination are additional; see /guide/labor/employment-contracts-and-severance/.
Step 6. Monthly employer cost of the manager (for budgeting). Unified contribution 20.40% on 6,000,000 minus 7,003.68 = ARS 1,222,571.25 (US$ 781.75); obra social 6% = ARS 360,000 (US$ 230.19); total with pay ARS 7,582,571.25 (US$ 4,848.50), plus ART and, if inside the CCT, the OSECAC contribution. The worker's 11% SIPA withholding is capped at the maximum base of ARS 4,691,748.47 (US$ 3,000.03) from the September 2026 accrual period, so ARS 516,092.33 (ANSES Resolution 257/2026, art. 3, as summarised at /guide/taxes/payroll/).
Step 7. Decision. Exclusion is defensible here if the functions are documented and real. The risk if a court disagrees: CCT differences for up to two years back (LCT art. 256), mostly overtime and CCT supplements (pay already exceeds the scale), plus union contributions that the employer failed to withhold, for which the employer becomes the direct debtor (Law 23.551, art. 38). Contract wording alone gives no protection.
Practical traps
- Assuming non members are exempt. CCT rules bind members and non members within scope (Law 14.250, art. 4). Only union dues depend on membership.
- Relying on the 2% cap in Commerce. For CCT 130/75 and CCT 781/20 the cap is suspended by injunction (Dispositions 839/2026 and 883/2026). Do not cut contributions unilaterally; keep records.
- Paying chamber charges you do not owe. Since Decree 149/2025, charges for employer chambers bind only member employers or those who accept them, and acceptance can be revoked by notice. Check whether your payroll provider is still paying them by default.
- Ignoring non remunerative sums in the base. In Commerce 2026, non remunerative sums counted for presentismo, seniority, SAC, severance, overtime and vacation pay, and bore OSECAC and CCT contributions (clause three). Misclassifying them created differences.
- Treating "fuera de convenio" as a contract choice. It depends on the CCT's categories and the real job (Example 2).
- Forgetting the CCT severance cap applies to excluded staff. LCT art. 245 borrows the establishment's CCT cap.
- Dismissing a candidate before checking notice. Protection starts from the union's reliable notice of candidacy (Law 23.551, art. 50; Decree 467/1988, art. 29). Check your records before any dismissal during union election periods.
- Treating alternates as protected (or not). Since Law 27.802, alternates have no protection (art. 52). But a person may hold another protected role (for example a candidate for a new term). Check each case.
- Failing to withhold dues after notice. The employer becomes the direct debtor, with automatic default (Law 23.551, art. 38).
- Not separating employer contributions to unions. The union must administer them separately (Decree 467/1988, art. 4). Ask for evidence if you pay large amounts.
- Assuming a company CCT is automatic. A company agreement prevails (Law 14.250, art. 19) but still needs the union with personería and registration (art. 4).
- Using the wrong scale month. Homologation is often months late. Pay "on account" as the agreement allows (Commerce clause fourteen) and reconcile when the homologation is published.
- Status of LCT art. 132 bis. Infoleg still shows art. 132 bis (a monthly penalty if withheld union or social security amounts were not paid by termination), but notes that its source (Law 25.345 art. 43) was repealed by DNU 70/2023 art. 56, and Law 27.742 art. 99 also repealed Law 25.345 arts. 43 to 48. Do not assume the penalty is gone without advice (unconfirmed).
- Assemblies during working time. Since 2026 they need prior authorization and are unpaid (Law 23.551, art. 20 bis), but refusing authorization arbitrarily may be challenged as an unfair practice (art. 53). Keep a written record of requests and replies.
Recent changes
- 21 December 2023, DNU 70/2023. Limited ultraactivity to normative clauses (art. 86); added Law 23.551 arts. 20 bis (assemblies) and 20 ter (blockades as very serious infractions) (arts. 87 and 88); required explicit worker consent for union and CCT deductions (art. 73, LCT art. 132(c)). Court status not in sources (unconfirmed).
- 8 July 2024, Law 27.742. Allowed CCTs to replace statutory severance with a cessation fund or system (art. 96, now reflected in LCT art. 245); repealed Law 25.345 arts. 43 to 48 (art. 99).
- 5 March 2025, Decree 149/2025 (in force 90 days later). Chamber charges no longer binding on non member employers.
- 6 March 2026, Law 27.802. New Law 14.250 arts. 4, 6, 7, 9, 13, 18 and 19; repeal of arts. 10, 16 and 21 (art. 211); new Law 23.546 arts. 4, 6 and 7; new Law 23.551 arts. 20 bis, 20 ter, 23, 29, 44(c), 50, 52, 53 bis, 54, 55 and 59; new LCT arts. 9 and 133; one year renegotiation of expired CCTs (art. 137); minimum services 75% and 50% (Law 25.877 art. 24); union job banks are optional for employers (art. 129).
- 27 April 2026, Disposition 550/2026 (BO 20 July 2026). Commerce wage agreement of 26 March 2026 homologated; registered as 878/26.
- 1 June 2026, Decree 407/2026. Regulation of art. 137 (31 December 2026 reference date), art. 9 caps (global computation, basic salary base, readjustment), employer representativeness (10%), delegates' time credit, candidacy notice, protection, payslip format.
- 3 and 16 July 2026, Dispositions 839/2026 and 883/2026 (BO 20 and 21 July 2026). Labor authority complies with the San Martín injunction suspending arts. 131 and 133 for CCT 130/75 and CCT 781/20.
- 17 July 2026, Decree 612/2026 (BO 20 July 2026). Base of the art. 9 cap includes normal habitual monthly conventional remunerative sums; employer contributions to unions governed by Law 23.551 art. 9 and must be kept separate.
Pending changes
- Appeal of the San Martín injunction (FSM 14867/2026) and any similar orders for other CCTs (unconfirmed).
- Art. 137 renegotiation. Convocation acts, which CCTs are treated as expired, and whether the authority suspends any homologation for "serious economic distortions" (unconfirmed).
- Readjustment of CCTs above the caps. Decree 407/2026 requires it; how and when each CCT will be readjusted is not in the sources (unconfirmed).
- Regulation of sanctions under Law 23.551 art. 20 ter ("the sanctions set by the regulation") is not in the sources (unconfirmed).
- Guarantees Commission and minimum service lists under Law 25.877 art. 24: composition and decisions not in sources (unconfirmed).
- Ministry procedure for resignations and mutual terminations (LCT arts. 240 and 241) is delegated to the Secretariat by Decree 407/2026, Annex I, arts. 7 and 8 (unconfirmed).
- DNU 70/2023 litigation on Title IV (unconfirmed).
- Later Commerce severance caps from December 2025 onward (unconfirmed).
FAQ
1. Does a CCT apply to my company if I never signed it and I am not a member of the chamber? Yes, if your activity, region and the worker's category are within its scope. Homologated CCTs bind all workers and employers in scope, members or not (Law 14.250, art. 4). What you can avoid since Decree 149/2025 is paying charges in favor of employer chambers you have not joined.
2. Can my employees refuse to pay the union? Non members do not pay union dues. They may still owe CCT solidarity contributions, which bind members and non members, capped at 2% of pay under Law 14.250 art. 9. For CCT 130/75 and CCT 781/20 that cap is currently suspended by a court injunction (Dispositions 839/2026 and 883/2026).
3. Is the 2% cap in force? Yes as a statute (Law 14.250, art. 9, as replaced by Law 27.802, art. 133; BO 6 March 2026), regulated by Decrees 407/2026 and 612/2026. Its application is suspended for the Commerce and contact center CCTs while the San Martín injunction lasts. Other CCTs may face similar litigation (unconfirmed).
4. How is the 2% measured? Globally over all CCT charges in favor of unions, on the conventional basic salary of the worker's category plus normal, habitual, monthly conventional remunerative sums; bonuses, overtime, SAC, vacation plus and non remunerative sums are excluded (Decree 199/1988, art. 6 bis, as added and amended by Decrees 407/2026 and 612/2026).
5. What happens when a CCT expires? Only normative clauses (individual working conditions and benefits) survive until a new CCT or an extension; obligational clauses (such as contributions) survive only by agreement (Law 14.250, art. 6). The Labor Secretariat must call parties to renegotiate expired CCTs within a year of the law's promulgation (Law 27.802, art. 137; Decree 407/2026, art. 4). For CCT 130/75 and 781/20, the art. 6 rule is suspended by the injunction.
6. Can I negotiate my own company agreement instead of the activity CCT? Yes. A company CCT now prevails within its scope over a larger scope CCT, earlier or later (Law 14.250, art. 19), and larger CCTs cannot dictate its content (art. 18). The counterpart is the union with personería gremial in your company (Law 23.546, art. 4), and the agreement must be filed for registration (Law 14.250, art. 4).
7. Can I dismiss a union delegate for poor performance? Not without a prior court order excluding the delegate from protection, during the term and for one year after (Law 23.551, arts. 48 and 52). For just cause you still need the court route. You may release the delegate from work with notice to the Ministry within 48 business hours and file in court within 10 days (art. 52).
8. How much paid time do delegates get? Up to 10 paid hours a month each, unless the CCT grants more, used without interrupting work, notified 48 hours ahead and not accumulable (Law 23.551, art. 44(c); Decree 467/1988, art. 28).
9. Can unions hold assemblies at my plant? Only with your prior authorization of time, duration and (if inside) place, and without affecting normal activities; workers are not paid for the time (Law 23.551, art. 20 bis). Blockades and occupations are very serious infractions and unfair practices (arts. 20 ter and 53 bis).
10. Who is "fuera de convenio"? An employee whose actual job is outside the categories and scope of every applicable CCT. It is decided on the facts and the CCT text, not the contract label (Law 14.250, arts. 3, 4 and 8). The severance cap still comes from the establishment's CCT (LCT art. 245).
11. Which CCT applies to a software company? The sources show no national CCT specific to software. Some software and IT firms are framed under Commerce, others under no CCT (unconfirmed). Get a framing opinion before hiring and watch for union framing claims (Law 23.551, art. 59).
12. Are wage increases agreed by the union binding before homologation? Homologated CCT norms bind from the date of the homologation or registration act (Law 14.250, art. 5). In practice agreements tell employers to pay "on account" while homologation is pending (Commerce 2026, clause fourteen), and the authority must homologate within 30 days or the agreement is tacitly homologated (Law 23.546, art. 6).
Published 27 Oct 2026 from our research draft. Points marked (unconfirmed) have not yet been checked line by line against the official text; rely on the primary sources linked below before acting, and expect this page to change as we verify it.
Primary sources
- Law 14.250 (t.o. 2004), Infoleg updated text, arts. 1 to 21
- Law 23.546 (t.o. 2004), Infoleg updated text (Decree 1135/2004, Annex II), arts. 2 to 7
- Law 23.551, Infoleg updated text, arts. 4, 9, 10, 20 bis, 20 ter, 23, 25, 29, 31, 38 to 55, 59, 62, 63
- Decree 467/1988, Infoleg text, arts. 4, 24, 28 to 30
- Decree 199/1988, Infoleg updated text, arts. 2, 2 bis, 6, 6 bis
- Decree 149/2025, BO 5 March 2025, arts. 1 to 3
- Decree 407/2026, BO 1 June 2026, arts. 4 to 15 and Annex I
- Decree 612/2026, BO 20 July 2026, arts. 1 to 3
- DNRYRT Disposition 550/2026 (Commerce CCT 130/75 wage agreement, BO 20 July 2026)
- DNRYRT Disposition 839/2026 (injunction compliance, CCT 130/75, BO 20 July 2026)
- DNRYRT Disposition 829/2026 (CCT 781/20 wage agreement, BO 21 July 2026)
- DNRYRT Disposition 883/2026 (injunction compliance, CCT 781/20, BO 21 July 2026)
- DNRYRT Disposition 337/2026 (CCT 781/20, BO 13 August 2026)
- DNRYRT Disposition 252/2026 (Commerce severance caps, BO 27 July 2026) and annexes
- DNRYRT Dispositions 74/2026 and 75/2026 (CCT 781/20 and CCT 547/08)
- DNRYRT Dispositions 207/2026 and 224/2026 (UOM CCT 260/75)
- DNRYRT Dispositions 263/2026 and 280/2026 (bank CCT 18/75)
- Law 27.802 (Labor Modernization Law), BO 6 March 2026, arts. 1, 3, 37, 39, 51, 100, 101, 129 to 151, 211, 217
- LCT, Law 20.744 (t.o. 1976), Infoleg updated text, arts. 121, 122, 132 bis, 133, 150, 256
Related pages
- What is the minimum wage in Argentina?
- /guide/labor/employment-contracts-and-severance/
- /guide/taxes/payroll/
- /guide/labor/contractors-platform-work/
- /guide/labor/foreigners/
- Labor: current framework
- Employment contracts and severance under the 2026 labor reform
- Probation periods and hiring in Argentina: the trial period and the first months of employment