Relevant News

• Home Office.
• Health Emergency (COVID-19). Deferral and exceptions.
• Regularization tax regime.
• Gender diversity policy for corporations.

LEGISLATION

Law 27.555 – Home Office

Law N°27.555 (the “Law”) modifies Labor Law N°20.744 by setting forth the minimum legal provisions applicable to home office. Among others, the Law provides the following: (i) Employees performing their tasks under home office regime shall enjoy the same rights and obligations as employees performing their tasks at employer’s facilities, and their salary shall not be less than the amount corresponding to the latter; (ii) working hours shall be agreed in writing according to maximum legal hours, and connection to home office software shall be disabled outside working hours; (iii) employee has the right to disconnect from home office software once working hours have passed; (iv) employee’s transfer to home office mode shall be agreed by mutual consent and in writing, and such consent can be later withdrawn by employee, in which case employer must provide working space at company’s facilities; (v) employer must provide the necessary equipment, tools, hardware and software for home office, at employer’s cost; (vi) employer shall reimburse employee all additional expenses related to connectivity and public services; (vii) prior official authorization from enforcement authority shall be required for hiring non Argentinean residents; (viii) in case employee is performing tasks outside Argentina, most beneficial law for employee shall apply to the home office contract. The Law shall be later regulated and shall enter in force 90 days later as of the date of termination of the Social, Preventive and Mandatory Isolation.

Law 27.562 – Law of Social Solidarity and Productive Reactivation within Public Emergency

Law N°27.562 expands and modifies the scope of the regularization regime (deferral and benefits regarding tax and social security contribution obligations) provided under Law N°27.541 (Title IV, Chapter I) for the purpose of mitigating the effects of COVID-19 pandemic.

Decrees 641/20, 677/20 and 714/20 – Social, Preventive and Mandatory Isolation

By means of Decree N°641/2020, Decree N°677/2020 and Decree Nº714/2020 (the “Decree”), the Executive Branch provided the deferral until September 20, 2020 of both the obligatory Social, Preventive and Mandatory Distance (the “DSPO”) and “Social, Preventive and Mandatory Isolation” (the “ASPO”), as set forth in the Decree, closure of national borders and the prohibition of suspending phone and internet services in case of lack of payment. Public transportation shall continue to be limited for essential workers.

Administrative Decision 1440/20 – New Exceptions to Social, Preventive and Mandatory Distancing

Administrative Decision N°1440/2020 issued by the Chief of Staff, sets forth new exceptions to Social, Preventive and Mandatory Distancing (DSPO) within the Province of Neuquén, such as tourism. For said regard, inhabitants of the province shall be authorized to move outside their places of residence within the Province.

Communication “A” 7079/2020 – Access to MULC

By means of Communication “A” 7079/2020 the Central Bank of the Argentine Republic (“BCRA”), among others, defers until August 31, 2020 the validity of certain requirements and limitations for access to MULC provided in Sections 2 and 3 of Communication BCRA 7030/2020 for the acquisition of foreign currency.

Decree 690/20 – Information and Communication Technologies as Public Services

Decree Nº690/2020 issued by the Executive Branch distinguish Information and Communication Technology Services (ICT) provided under Law Nº27.078 (including mobile telephone, internet connection, etc.) as public services. The Decree also suspends rates increases until December 31th 2020.

Decrees 642/20, 678/20 and 715/20 – Suspension of Deadlines within Administrative Proceedings

By means of Decrees N°642/2020, Nº678/2020 and Nº715/2020, the Executive Branch suspends until September 20, 2020, the course of administrative deadlines within administrative proceedings.

Resolution 4784/20 – Deferral of deadlines under regulation of Public Emergency Law 27.541

By means of General Resolution N°4784/2020, Tax Enforcement Authority (“AFIP”) defers until August 31, 2020 the deadlines provided under the regulation of Public Emergency Law N°27.541 (Chapter I, Title IV) by General Resolution AFIP N°4667/2020, for the regularization of tax, customs and social security debts of Micro, Small and Medium Companies (“PyMES”).

Resolution 4785/20 – Reference Values Applicable to Exportations

By means of Resolutions N°4785/2020, the General Direction of Customs set forth values of reference for the exportation of certain food products provided therein.

Resolution 4786/20 – New Extraordinary Tax Recess

By means of General Resolution N°4766/2020, Tax Enforcement Authority (AFIP) sets forth a new extraordinary tax recess from August 3, 2020 to August 16, 2020 as per COVID-19 pandemic.

Administrative Decision 1581/20 - Emergency Assistance Program to Work And Production

By means of Administrative Decision N°1581/2020, Chief of Staff incorporated the recommendations issued by the Evaluation Committee of the Program to Work and Production which include, among others, the extension of the ATP Program regarding complementary salary, and deferral and reduction of payments of contributions to social security system and subsidized rate credits regarding August 2020 salaries.

General Resolution 34/20 and 35/20 – Gender Diversity Policy for Corporations and Associations

By means of General Resolution N°34/2020, the Superintendence of Corporations (“IGJ”) provides a diversity gender policy to be complied for the composition of the administration and surveillance bodies of the corporations (as long they are included in Section 299 of Law 19.550, with certain exceptions), and associations set forth in the Resolution. The Resolution does not include Limited Liability Companies (S.R.L.). By General Resolution N°35/2020, IGJ set forth such policy shall enter in force after a 60 days period.

General Resolution 33/2020 – Registration of Trust Contracts

By means of General Resolution N°33/2020, the Superintendence of Corporations (IGJ), provides that trust contracts referred in any of the cases provided under Section 284 of Resolution IGJ 7/2015, shall be registered with IGJ.

General Resolution 4806/20 – Precautionary Measures Against PyMES

By means of General Resolution N°4806/2020, Tax Enforcement Authority (“AFIP”) defers until September 30, 2020 the suspension of application of precautionary measures against small and medium companies (“PyMES”)

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