Argentina labor reform sparks debate over app worker status

The implementation of Argentina's Labor Modernization Law (Law 27.802) has sparked ongoing debate regarding the employment status of digital platform workers. During a professional guide presentation led by jurist Julio Armando Grisolía, legal experts and judges addressed the difficulty of classifying app-based workers as either independent contractors or employees.

Alejandro Perugini, a judge from the National Court of Appeals for Labor, noted the judicial challenge in establishing uniform criteria, stating, “We are facing an extremely doubtful phenomenon: I see one case and say ‘it is dependent’, I see another and say ‘it is not’.” He also criticized current platform business models, suggesting some companies avoid accountability for their workers.

The discussion also covered other aspects of the reform, such as the “hours bank” and teleworking. Judge Javier De Ugarte suggested the hours bank could potentially be used to accumulate free time rather than just increasing flexibility for employers. Meanwhile, specialist Viviana Díaz emphasized that new regulations should not result in a regression of rights for teleworkers.