The labor reform has already affected domestic workers by reducing penalties for non-registration or defective registration of the employment relationship.
05/12/2025 – 09:57 AM
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On Friday, President Javier Miley prepares to convene a new National Congress Holding extraordinary sessions. There it is planned to proceed as soon as possible with the 2026 budget law, tax reform, and Above all, repair work. Meanwhile, a new draft of what the ruling party calls the Labor Modernization Law was released on Friday. He abolished many special labor regulations. What happened to domestic workers?
Labor and Domestic Workers Modernization Law
Although the abolition of special labor regulations is the spiritual foundation of the labor reform imposed by the ruling party, the draft labor modernization bill circulated explicitly on Friday Exclude The potential scope of application of this regulation Private work system in private homes.
With this law, special laws governing the work of journalists, commercial travelers, hairdressers and private drivers, among other professions, will be abolished. But when referring to the scope of application and inclusion where this regulation will not apply, in Title I, Chapter 1, Article 2 is listed in Section B As follows:
“…for employees of private homes, with the sole exception of those regulations that Law No. 26844 expressly provides for their application.”
What does this mean? That the new regulations, if approved without changing this section, would exclude from the changes specific to registered work the regime regulating the activity of ancillary staff in private homes. Strictly speaking, the new law aims to “modernize” those activities regulated by the Employment Contracts Law (No. 20744), which does not apply to domestic service. This subsection will only reinforce that original spirit of the regulations.
However, in the title of this chapter It amends the following articles of Law 26844
- Article 7regarding the trial period
- Article 14regarding common rights
- Article 20on collection receipts
- Article 70, About updates
Overall, the changes aim to bring these aspects of domestic work in line with what is determined by the Employment Contracts Act. For example, on probationwhich was 30 days for employees without retirement and 15 days with retirement in the system of working in private homes, becomes the same as the general labor law: work for an indefinite period. 6-month trial period Either party may terminate the employment relationship without giving a reason and without generating the right to any compensation.
In the same way, One working day and a weekly rest period A domestic employee is equivalent to what is determined by the Labor Law:
- 8 hours per day or 48 hours per week (maximum 9 hours per day)
- – A weekly rest of thirty-five (35) consecutive hours starting on Saturday at thirteen (13) hours;
- There must be a break of not less than twelve (12) hours between the end of one day and the beginning of the next.
Then, Article 96 of the draft law replaces Article 20 of the Work in Private Homes Regulations, which talks about payment receipts and bank statements. It is scheduled to Receipt can be processed electronically It is issued through the Customs Collection and Control Agency (ARCA) system. Documentation in Bank or proof that it will be delivered For the employer will constitute Sufficient proof of payment“
Labor reform and fines on employers
It is worth noting that although the changes described in this article are those that appear in the draft Labor Modernization Bill and do not yet have the force of law, the national government has been developing labor reform for two years. Domestic workers have already seen their activism affected by its provisions since the beginning of the current administration.
In fact, domestic service was one of the services most affected by the provisions of the Law on Rules and Starting Point for the Freedom of Argentines (No. 27742) approved in 2024. It allowed employers who did not have regular domestic employees to register them with the authorities. Without paying fines or penalties, Even if the employment relationship preceded the aforementioned law. Criminal proceedings against employers due to unregistered or incorrectly registered employment relationships have also been cancelled. The Register of Employers Subject to Labor Sanctions (REPSAL) was cancelled.
Therefore, although the private domestic work regime essentially prevails over the new law that Congress can sanction for workers in Argentina, the new regulations would bring about important changes in the work of domestic employees.