ARGENTINA Law and Practice Contributed by: Agustin Ferrari and Astrid Nottebohm, Naveira, Truffat, Martínez, Ferrari & Mallo Abogados
tered workers, extinguishing criminal actions and debts for companies that comply. • Repeal of fines – removes penalties related to lack of registration, late payments, and failure to deliver labour certificates. • Simplified registration – allows electronic storage of labour documents and introduces a single contribution system for small busi - nesses (≤12 workers). • Extended probation – increases probation to six months, extendable to eight to 12 months via collective bargaining agreements. • Maternity leave – permits reduction of pre- birth leave to a minimum of ten days, replac - ing the previous 30-day minimum. • Discriminatory dismissal – establishes addi - tional indemnity (50-100%), with the burden of proof on the claimant. • Labour termination fund – allows replacing severance pay with a fund paid by employers. • Independent workers – recognises “inde- pendent worker with collaborators” for up to three workers. • Contractor employees – the employees of contractors will be considered direct employ - ees of the registering company, limiting mis- registration claims. As a side note with respect to the tech sector, due to high inflation and foreign exchange regu - lations, it has been market practice for Argentine companies and start-ups to outsource the hiring of technical roles – mainly developers – to payroll services. Given this type of industry, and the low litigation experienced with respect to this type of freelance employee, the labour contingency
tion and ownership of certain land, as previous - ly described (see 2.3 Restrictions on Foreign Investments ). 3. Recent Legal Developments 3.1 Significant Court Decisions or Legal Developments There has been no significant court decision in Argentina in the past three years relating strictly to an M&A deal. However, the following relevant decisions may affect M&A activity. • In the case of Lacuadra Jonatan c/DIRECT TV Argentina S.A. y otros s/Despido, dated 13 August 2024, the Supreme Court overturned a ruling that had adjusted a labour credit based on the CER mechanism (regulated by the Argentine Central Bank) plus 6% annual interest, with interest compounding at the time the complaint was served, due to high inflation. The Court deemed the decision arbitrary, as it resulted in an outcome consid - ered excessively disproportionate. This ruling holds significance for M&A activity, as it helps mitigate labour-related contingencies, which often deter potential buyers and hurt com - pany valuations. • On 27 December 2025, the Supreme Court of Justice of the Nation (CSJN), by major - ity, in Levinas c/Ferrari concluded that the Superior Court of Justice of the City of Buenos Aires (TSJ) is the competent court to hear extraordinary appeals filed before the National Ordinary Judiciary based in Buenos Aires (CABA) regarding rulings issued by the Courts of Appeals in Civil, Commercial, and labour matters. This court will be the body responsible for “concentrating jurisdictional powers related to local and common law and acting as the highest court in cases involving
is sometimes assessed differently. 2.6 National Security Review
There is no national security review of acqui - sitions in Argentina, other than the review of acquisitions by foreign investors of media, avia -
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