Platform workers in Argentina: The True Impact of Labour Reform

23 March 2026

Platform workers in Argentina have been addressed in the latest labour reform. The Labour Modernisation Law, approved by Congress and published in the Official Gazette on 6th March, includes a section on platform work titled “Regulations for Private Transportation and/or Delivery Services that Use Technological Platforms.” The first major innovation is the concept of the 'independent service provider': a platform worker is defined as an 'independent service provider using technological platforms'. In other words, app-based workers in Argentina provide private transportation and/or delivery services to users via technological platforms on an independent basis. This means that they are not recognised as being in a subordinate employment relationship with the platform. Instead, their activity is regulated as a form of self-employment.

Platform Workers in Argentina: Flexibility and Autonomy Under the New Law

Under the new law, Argentina’s gig workers can:

• Connect to or disconnect from the platforms whenever they prefer.
• Accept or reject orders as they see fit.
• Choose how and when to provide the service.

This seeks to formalise the flexibility typical of platform work, but it also limits the application of traditional rules of subordination.

How Argentina's Labour Reform Defines Contracts for Platform Workers

The reform introduces a type of contract called the “Contract for the Provision of Delivery Services through Technological Platforms.” This contract connects consumers with gig workers and establishes a legal framework that is distinct from the traditional system of dependent employment. The platform acts as an intermediary.

Protection Without Employment Dependency: Gig Worker Rights in Argentina

Although it does not recognise subordination, the labour reform guarantees certain basic rights:

• Independent contractors in Argentina must receive the full monetary compensation, including tips or bonuses.
• The platforms are called upon to inform users about grouping criteria, blocking procedures and complaint mechanisms.

One point of contention states that gig workers in Argentina must have access to personal accident insurance provided by the platforms. At a minimum, this insurance must cover risks associated with:

• Accidental death
• Total and/or permanent partial disability
• Medical and pharmaceutical expenses
• Funeral costs

However, “the responsibility for providing this insurance and the associated expenses will be subject to free agreement between the parties involved”. Put simply, as there is no employer-employee relationship between the platform and the worker, no single party is fully responsible for this, so an agreement must be reached.

What the New Argentine Law Requires From Gig Economy Platforms

The new law specifies the responsibilities of platform companies in Argentina.

1. Provide independent gig workers with the necessary information about orders before they are accepted or rejected.
2. Respect the freedom to connect and disconnect.
3. Provide information related to road safety and service standards.
4. Facilitate access to road safety equipment based on the type of vehicle used.
5. Implement simple and accessible digital mechanisms for reporting complaints or claims, as well as effective procedures for resolving them.
6. Establish mechanisms through which platform workers can access support services via operators and/or receptionists. These support services should have a strictly auxiliary role and provide justification for decisions affecting platform workers.

What the New Argentine Law Requires From Gig Economy Workers

The obligations of platform workers include:

• Holding the user account necessary to provide their services through the various platforms they use;
• Registering with the relevant tax authorities, complying with tax and social security obligations, and notifying any changes. This includes paying contributions to access social benefits and health insurance under the Basic Universal Benefit scheme.

Independent Contractors in Argentina: Rights Under the Labour Reform

The reform outlines the rights of independent platform workers in Argentina, and clarifies that these rights do not imply 'any indication of an employment relationship, subordination, or dependency'.

Platform workers in Argentina have now the right to:

• Reject any order received through the app without justification;
• Receive reasoned explanations for any blocks that totally or partially limit access to the platforms, along with the possibility of interacting with operators and/or receptionist and exercising the right of reply;
• Request data portability in a structured, generic, and commonly used format;
• Access free training on operating the digital infrastructure and interacting with users. This training will be free for independent service providers, with the platforms responsible for covering the associated costs.
• Get road safety training financed by the platforms.
• Access 'personal accident insurance' provided by the platforms. This insurance must cover risks associated with accidental death, total and/or permanent partial disability, as well as medical, pharmaceutical and funeral expenses, at a minimum. The responsibility for providing this insurance and the associated expenses will be subject to free agreement between the parties involved, without establishing exclusive responsibility for either party, nor implying an employment relationship or dependency between the platforms and the delivery drivers. The expansion of benefits or the implementation of additional insurance will not constitute a breach of these regulations, nor will they be considered evidence of an employment relationship.
• Receive full monetary remuneration for the service, including one hundred per cent of the amount given in gratuities, rewards, or tips. This amount may be suggested by the platform for illustrative purposes, but the user can modify it.
• Connect without having to meet minimum frequency or regularity requirements.
• Register with no obligation to connect or accept orders.
• Stop using the application without giving prior notice to the platform. This does not affect any civil liability they may have towards the user.
• Provide services for as long as the workers deem appropriate.
• Provide services in any area covered by the platform.
• Decide on the most convenient journey, either by following the suggested route or using the GPS navigation, given that this won’t harm the user.

What happens if platform workers in Argentina have a dispute with the app?

The new law includes a clause that explains what happens in situations that it does not directly cover: “For cases not covered by this regime and its regulations, regarding the relationship between the digital platform and the independent digital platform provider, the provisions of the Civil and Commercial Code of the Nation shall apply.”

What does this mean in practice? If a conflict arises between a platform worker and an app that the new law did not foresee, the judge will not seek a solution in labour laws (which protect employees) but in the Civil Code (which treats both parties as 'equals' who have entered into a commercial contract).

In summary, the new law establishes a legal framework for platform workers in Argentina that recognises a certain degree of flexibility and establishes basic rights. However, it also states that the legal safety net that applies to traditional employees may not always apply to platform workers, which could lead to legal uncertainty and gaps in worker protection.