The norm, in detail
What a camp wage and roster can be built with
Law 27.802, arts. 31, 33, 34, 35, 41, 42 and 43 (Title I)
in forceNATIONAL
Labor
Derives from: The comprehensive labor reform is now law
Wages in foreign currency, housing on loan that does not count as pay, seven benefits free of social charges and working time calculated on average: what Title I of Law 27.802 enables.
What changed and who it applies to
What changed
Wages may be paid in foreign currency. Article 105 of the Employment Contract Law, replaced by art. 34 of the law, reads: «Wages must be satisfied in money, whether in national or foreign currency». Housing for someone who relocates is not wages. The same article removes from remuneration, among other items, «the loan of a dwelling owned by the employer, located in neighbourhoods or complexes adjoining the workplace, or the lease and/or provision of housing, on any basis, where the worker had no roots in the place before the contract was entered into»; and also documented reimbursement of car use per kilometre, travel expenses with receipts, reimbursement of public transport per day actually worked, mobile phone and internet for work purposes, and drawings by partners and directors against profits and profit- or share-sharing schemes. And there is a closed list of benefits that carry no social charges. Article 103 bis (via art. 31) lists seven: canteen and meals inside the workplace or at nearby restaurants contracted by the employer; medical, dental and pharmacy reimbursements and health plans; work clothing and equipment; nursery or crèche for children up to six where the company has no facilities; school supplies and smocks; documented training courses and seminars; and funeral expenses for dependants. On those items «under no circumstances shall social-security contributions be payable». Variable pay can be given and withdrawn. Article 104 bis (via art. 33) allows «dynamic additional, temporary, fixed or variable» pay components to be introduced by collective agreement, by individual agreement or by «unilateral decision of the employer», at whatever frequency is set, «without tacit continuity, ultra-activity or custom being applicable to them, however long they have been in place». Working time can be averaged. Article 198 (via art. 43) allows the maximum working day to be calculated «on an average basis» and an hours bank to be used to offset a long day against a short one, «provided the minimum rest periods of twelve (12) hours between working days and thirty-five (35) hours of weekly rest are respected» and the weekly maximum is not exceeded. Article 197 bis (via art. 42) requires that arrangement to be set down in writing, to record that overtime is voluntary, and to have a control method recording hours worked and hours available to be taken. And holidays can be split: article 154 (via art. 41) allows them to be split by agreement into blocks of no less than seven days, runs the holiday window from 1 October to 30 April with the option of agreeing another, and requires each worker to take summer holidays at least once every three years. Payment remains by bank transfer and free of charge: article 124 (via art. 35) keeps crediting to a payroll account as the only valid method, with no withdrawal limit and no cost to the worker. verif · Mar 6, 2026 ↗
In force
Since 6 March 2026, under article 217 of the law. None of these seven articles sets a date of its own. Three items do remain tied to limits the enforcing authority must set — canteen services contracted outside, profit- and share-sharing, and mobile phone and internet — and those limits are not in the law. verif · Mar 6, 2026 ↗
Are you in or out?
The project that has to bring people to a place where nobody lives — Añelo, the San Juan cordillera, the Catamarca puna, a mine site at 3,000 metres. That project needs three things that used to be expensive or legally doubtful: housing the worker without the dwelling entering the wage and multiplying social charges, paying part of the package in hard currency, and organising long shifts with compensated rest instead of a fixed daily schedule. All three now have express text. The supplier competing for those people: variable pay that can be granted and withdrawn without becoming permanent is the tool with which a small firm can pay above the collective agreement at the peak of a job without carrying that cost once the job ends. The worker who relocates: housing and travel stop counting as wages, which also means they do not count towards severance or the thirteenth-month payment; in exchange, housing stops being a cost the employer avoids by offering less. And the person already living there: splitting holidays into seven-day blocks is what makes a rotating-shift roster compatible with actually taking time off. verif · Mar 6, 2026 ↗
The norm
Law 27.802 on Labour Modernisation, Title I, articles 31, 33, 34, 35, 41, 42 and 43 — replacing or inserting articles 103 bis, 104 bis, 105, 124, 154, 197 bis and 198 of Employment Contract Law No. 20.744 (consolidated text 1976). Passed on 27 February 2026, published in the Official Gazette on 6 March 2026. verif · Mar 6, 2026 ↗
Our reading
thesis The projects coming into Argentina have a problem that is not about capital: people do not live where the resource is. Copper at 4,000 metres in San Juan, lithium in the puna, gas in a town of 8,000 that has to take in 20,000 people. Until now, everything a company did to solve that — giving someone a house, paying their travel, offering a bonus for the duration of the job — went into the wage, and therefore into social charges, the thirteenth-month payment and severance. In other words: the cost of bringing people in grew with distance, twice over. These seven articles separate the cost of moving a person from the cost of employing them. ⇒ In practice, a remote post's package can now be built from pieces that do not accumulate: housing on loan, travel expenses with receipts, a bonus tied to the job that is withdrawn when the job ends, and a working day calculated on average with twelve- and thirty-five-hour rest floors. ⚠️ What could break this reading: three of those items depend on limits the enforcing authority has not yet set, and the housing loan hangs on a condition the law does not define — that the worker «had no roots in the place before». A camp housing someone from the town itself is not clearly covered by that paragraph. thesis
Where it lands, province by province3
Neuquén Añelo is where this gets measured: housing cost is half the problem of staffing Vaca Muerta, and until now a house provided by the employer swelled the wage and everything calculated on it. Non-remunerative housing loans and withdrawable bonuses change the price of bringing a crew from another province. favorable cheaper to meet the demand thesis
San Juan High-altitude mining works on rotating shifts and camps, both of which depend on being able to average the working day and split holidays. The text now names them with explicit rest floors instead of leaving them to the interpretation of the collective agreement. favorable cheaper to meet the demand thesis
Catamarca Puna lithium projects depend entirely on staff who do not live there. Separating the cost of moving a person from the cost of employing them is what decides whether it is worth hiring in Catamarca or bringing people in on a full package. favorable cheaper to meet the demand thesis
The other rules on this subject21
The comprehensive labor reform is now lawLey 27.802 (Official Gazette, Mar 6, 2026, promulgated by Decreto 137/2026)in force
Hire formally for 4 years with employer contributions of 2%+3%Decreto 315/2026 (Official Gazette, May 4, 2026), Ley 27.802 Title XXin force
The labor reform lands: transparent pay slip, ARCA and the end of ultra-activityDecreto 407/2026 (Official Gazette, Jun 1, 2026)in force
Ley Bases: labor modernization and registered employmentLey 27.742, Titles IV-V (Decreto 847/2024); Title II Ch. IV (Decreto 695/2024)in force
The dismissal number, section by sectionLaw 27.802, ss. 10, 51 and 54 to 57 (Title I), rewriting ss. 20, 245, 276, 277 and 278 of the Employment Contract Actin force
Ignacio Aredez· Chief analyst
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Fact sheet built on the published rule, with the gaps declared. Back to the reforms
How to read the seals → verif primary source · prob primary source pending · unconf not sufficiently backed · estim our own calculation · thesis our reading