On August 31, 2023, Decree 438/2023 (the “Decree”) was published in the Official Gazette.
The Decree establishes a non-remunerative allowance for workers who work as employees in the private sector, regulated by Laws N° 20.744 (t.o. 1976) and its amendments 22.250, 26. 727 and its modification and other special professional statutes, which shall amount to the sum of SIXTY THOUSAND PESOS (ARS 60,000), to be paid by the employers in TWO (2) payments of THIRTY THOUSAND PESOS (ARS30,000) each, with the salaries accrued in the months of August and September 2023.
The non-remunerative allowance shall be applied to workers who receive net salaries, including remunerative and non-remunerative items, for the salary accrued in the month of August 2023, lower than FOUR HUNDRED THOUSAND PESOS (ARS400,000) or the proportional amount in the event that the employee’s rendering of services is lower than the legal or conventional working day.
The monthly amount of the allowance shall be equivalent to:
- THIRTY THOUSAND PESOS (ARS 30,000) for workers who receive net salaries less than or equal to THREE HUNDRED SEVENTY THOUSAND PESOS (ARS370,000) for the amount earned in the month of August 2023;
- The difference between PESOS FOUR HUNDRED THOUSAND (ARS400,000) and the net salaries higher than PESOS THREE HUNDRED SEVENTY THOUSAND (ARS370,000) for the amount earned in the month of August 2023, for male and female workers who receive net salaries higher than the last mentioned amount, but lower than PESOS FOUR HUNDRED THOUSAND (ARS$400,000).
When the services rendered by the employee are less than the legal or conventional working day, the amounts shall be expressed proportionally to the working hours.
The non-remunerative allowance may be absorbed in the concept of salary increases set out in the agreements, within the framework established by the Negotiating Committees of their respective Collective Bargaining Agreements.
The payment of the first amount of the non-remunerative allowance for the salary accrued in August 2023 shall be made within a maximum period of FIFTEEN (15) working days as from September 1, 2023.
The second payment of the non-remunerative allowance for the salary accrued for the month of September 2023 shall be paid in accordance with the terms of the legal regulations in force.
Authors: Nicolás Grandi and Lucas Tamagno
