Salary Payment in Crypto Assets & Foreign Currency (Law 27.802)
Labor Modernization Law 27.802 and recent amendments to the Argentine Employment Contract Act (Sections 105 and 124 LCT) govern the legal regime for salary payments in cryptocurrency, virtual assets, and foreign currency in Argentina.
1. Legal Classification & In-Kind Payment Caps
Under Argentine labor jurisprudence, cryptocurrencies (Bitcoin, Ethereum, USDT) lack legal tender status and are classified as in-kind compensation (Section 105 LCT):
- 20% Statutory Cap: In-kind payments cannot exceed 20% of the employee's total gross monthly compensation (Sections 105 and 107 LCT).
- Foreign Currency (USD/EUR): Direct payment in foreign currency is permissible under Section 124 LCT, provided funds are deposited into authorized Argentine bank accounts.
- Prohibition of Risk Transfer: Employers cannot transfer market volatility risks onto employees; minimum CBA wage baselines remain mandatory.
2. Frequently Asked Questions
Can an Argentine employer pay 100% of wages in crypto?
No. Argentine law caps in-kind compensation at 20%. The remaining 80% must be paid in legal tender or official foreign currency bank transfers.