Argentina: Regulation of the Bases Law in labor matters | October 2024

Registered Employment Promotion Regime

In brief

The Federal Administration of Public Revenues (AFIP), through General Resolution No. 5577/2024, has regulated the Registered Employment Promotion Regime in accordance with Law No. 27.742 ("Bases Law") and Decree 847/2024. This regulation aims to regularize unregistered or incorrectly registered employment relationships in the private sector prior to the enactment of the Bases Law.


Contents

In depth

The Bases Law established a Registered Employment Promotion Regime to regularize unregistered or poorly registered labor relations in the private sector that began prior to the enactment of the law. Decree No. 847/2024 regulated the effects and established forgiveness percentages for amounts owed by employers in terms of social security contributions. Additionally, the AFIP was requested to implement a payment plan for the debt that is not forgiven. On 26 September 2024, General Resolution No. 5577/2024 of the AFIP was published, regulating the requirements, deadlines and conditions for employers to apply for the regime and benefit from the payment plan.

Promotion of registered employment

1. Benefits regulated by the AFIP

  • Employers who regularize unregistered employment relationships will receive partial forgiveness of the debt generated by the failure to make timely payments of contributions to social security subsystems. This applies to the Integrated Argentine Pension System (SIPA), the National Institute of Social Services for Retirees and Pensioners, the Health Insurance Regime, the National Employment Fund and the National Family Allowances Regime.
  • Forgiveness varies by company size: 90% for MiPyMEs and nonprofits, 80% for medium-sized enterprises and 70% for large enterprises.
  • Total forgiveness is possible for debts related to the National Health Insurance System and Workers' Compensation Law.
  • Payment can be made in a lump sum (additional 50% reduction) or through an installment plan (up to 28 installments for MiPyMEs and nonprofits, 16 for medium-sized enterprises, 12 for others).

2. Included employment relationships

  • Private sector employers who register workers or correct start dates/remunerations for employment relationships before 5 July 2024.
  • Employment relationships verified through administrative or inspection records, even if under proceedings.

3. Application deadline

  • From 30 September 2024 to 24 December 2024.

4. Additional benefits

  • Removal from the Register of Employers with Labor Sanctions (REPSAL) and forgiveness of infractions and fines

5. Accessing the benefit

  • Employers must use the AFIP Web Portal to register workers or correct employment details and cancel debt.
  • Submit sworn statements for periods up to July 2024 and include regularized workers in statements for August 2024 and subsequent periods.

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