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Argentina digital platform labor rights and reform debate

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2026-08-27 16:26 UTC → 2026-08-27 22:01 UTC · added ~~removed~~

In Argentina, legislative and judicial discussions have emerged regarding the labor rights and employment status of digital platform workers. National Deputy Vanesa Siley introduced the ‘Care Law for Persons Working in Digital Platform Services,’ a proposal designed to establish a specific rights regime for workers using applications like Rappi, Uber, and Cabify. This initiative includes provisions for algorithmic transparency, the right to a defense before being blocked by an app, and the definition of working time as the period from login to disconnection. Following these legislative efforts, the implementation of the Labor Modernization Law (Law 27.802) has intensified debates. During a professional guide presentation, Judge Alejandro Perugini of the National Court of Appeals for Labor reiterated 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 further suggested some platform business models may avoid worker accountability. Other discussions involve the ‘hours bank’ and teleworking, with Judge Javier De Ugarte noting the potential for accumulating free time and specialist Viviana Díaz warning against the regression of rights for teleworkers. In a significant legal development, the National Court of Appeals for Labor Matters, Chamber I, declared Article 55 of Law 27.802 unconstitutional. Judges Enrique Catani and Gabriela Vázquez ruled that the article’s mechanism for updating labor credits—based on a formula involving the Consumer Price Index (IPC) and a 3% interest rate—violates constitutional protections. The court found the provision creates unequal treatment and imposes a legal reduction on the economic value of claims for workers already in litigation.

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