In relation to remuneration, the Employment Contract Law establishes that it is a consideration that the worker must receive as a consequence of the employment contract.
Likewise, the salary must be paid in money, kind, room, food or through the opportunity to obtain benefits or gains.
Today, the salary is losing purchasing value and for this reason, some companies choose to pay hierarchical personnel part of their salary in foreign currency (dollars).
In this sense, said payment in dollars generates an advantage, since, at present, there is an almost total impossibility of obtaining foreign currency in the formal market.
However, in order to be able to offer more attractive wages and working conditions to their employees, companies opt for this method of payment, as there is great competition at hierarchical levels.
In turn, when we refer to the payment of salary in foreign currency, it is understood that it corresponds to a payment in kind, and in this sense, the Labor Contract Law stipulates that said payments may be established at 20% of the employee salary.
This is considered so, since the CCCN establishes that the payment of obligations in our country is through the use of legal tender (Argentine peso), so that the delivery of foreign currency is equated to the concept of “giving thing” and for this reason the LCT compares it to payment in kind, and cannot exceed 20% of the total remuneration. Said circumstance is also due to the fact that the payment of salary in foreign currency is not stipulated either.
Regarding the salary receipt, the payment of foreign currency must be calculated at the official exchange value and said item must be reflected, for example, as “payment in kind”.
It is worth mentioning that these sums, as long as they are equivalent to money, will impact what is related to the collection of social security agencies and other withholdings by law.
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by CEDOC
