Argentina: the government ordered to regulate the allowances for nurseries and nurseries granted to employees

On October 21, 2021, in re «Etcheverry, Juan Bautista y otros c / EN s / amparo ley 16.986 ”, the Argentine Supreme Court ordered the national government to regulate the allowances for nurseries and day care centers to be granted by certain employers to employees, on the premises of the employer.

Article 179 of Argentina’s Law No. 20,744 on Employment Contracts stipulates that employers who employ a minimum number of employees (to be determined in the regulations) must provide employees with nurseries and day-care centers (which supervise and care for the employee (s) infants and young children, during working time) inside the employer’s premises, under conditions also to be determined in the regulations.

The Supreme Court ruled that although this legal provision has been in place since 1974, this benefit has never been regulated by the national government for the past 47 years, which means in practice that this benefit has never been granted. to employees. The Supreme Court also ruled that any reasonable time given to the national government to regulate this provision had already expired.

Therefore, the Supreme Court ordered the national government to regulate the allowances for nurseries and day care centers within a reasonable period of time.

Key action points for human resources and internal legal advisers

In conclusion, companies that have a significant number of employees should start analyzing and implementing the nursery and child care benefit for their employees.


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