No-Fault Workplace Illness: Changes to Argentina’s Labor Law
Argentina’s Labor Ministry updated Article 208 of the country’s Labor Contract Law on February 16, 2026, altering provisions regarding wage protection for workers sidelined by non-work-related accidents or illnesses. The change introduces a tiered system where employer-paid remuneration during such absences may be reduced if the incident is deemed to involve “voluntary risk.”
Previously, Article 208 stipulated that workers were entitled to full remuneration for up to three months—or six months for those with more than five years of service—following an “inculpable” accident or illness preventing them from working. The updated law now allows employers to pay only 50% of the salary if the accident occurs during an activity considered a “voluntary risk,” such as participation in sports.
The modification has sparked debate among labor advocates and legal experts. Critics argue the change creates ambiguity regarding what constitutes a “voluntary risk” and could disproportionately affect workers. The law does not provide a definitive list of activities considered voluntary risks, leaving interpretation open to employer discretion.
The updated article maintains the original provisions for accidents and illnesses not involving voluntary risk. Workers with less than five years of service remain eligible for three months of full pay, whereas those with more than five years are entitled to six months. For workers with dependents, these periods extend to six and twelve months respectively. The law also clarifies that recurring chronic illnesses will not be considered for remuneration after a two-year period following initial manifestation.
Remuneration during these periods will be calculated based on the worker’s salary at the time of the incident, plus any increases granted to colleagues in the same category through legal norms, collective bargaining agreements, or employer decisions. If a worker’s salary includes variable components, the average earnings from the preceding six months will be used for calculation, ensuring the total remuneration does not fall below what would have been earned had the incident not occurred. The law also stipulates that in-kind benefits lost due to the accident or illness will be appropriately valued.
The legal framework governing labor contracts in Argentina is outlined in Law 20.744, with Article 1 establishing the sources of regulation, including the law itself, professional statutes, collective bargaining agreements and the voluntary agreement of the parties involved. The application of the law is contingent on its compatibility with the nature of the work and any specific legal regimes governing the sector, according to the law.