CONTI Labor Lawyers
Specialized Service · Bancarios

Banking Labor Law Firm (CBA 18/75)

If you work at a bank and aren't paid the cash-handling premium, the zone premium, the degree premium, or overtime beyond the sector's reduced schedule, you have a concrete claim: CBA 18/75 sets those premiums, and all of them count toward your severance base if you're dismissed.

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Essential Legal Distinctions

  • Cash-handling premium: up to 40% of the starting salary for handling funds, which many banks never enter on the pay stub.
  • The sector's own reduced schedule: hours beyond it are paid as overtime even if the total stays under the general 48-hour week.
  • 2-year retroactive claim (Art. 256, Employment Contract Law) on wage differences that haven't lapsed.

1. CBA 18/75: what it covers and what it adds to your pay

Collective Bargaining Agreement N° 18/75, signed between the Asociación Bancaria (La Bancaria) and the chambers of state-owned and private banks, covers all bank employees — state-owned, national, provincial, municipal, mixed, and private — nationwide (Art. 3). If you work at a bank, your pay stub should reflect, beyond the collective-bargaining base salary, the following items:

None of these premiums are optional: if they are remunerative and habitual — meaning earned in at least 6 of the last 12 months — they count toward the base for your 13th-month bonus (SAC), your vacation pay, and your severance.

2. The most common claims in the banking sector

These are the claims we see most often from bank employees, with their legal basis:

3. How we handle the claim, step by step

  1. Free audit of your recent pay stubs and personnel file, to reconstruct the category and premiums you're owed under CBA 18/75.
  2. Calculation of the difference between what you were paid and what's owed, including cash-handling, zone, degree and night-shift premiums where they apply.
  3. Formal demand by free labor telegram, detailing the premiums owed and, where relevant, the missing classification.
  4. Mandatory SECLO conciliation or a direct lawsuit, depending on the type of claim.
  5. Court claim before the National Labor Courts if there's no settlement, on a 100% contingency fee basis.

4. Common mistakes when claiming in banking

Frequently Asked Questions about Banking (CBA 18/75)

What is the cash-handling premium (Función Falla de Caja) and how much should I be paid?

CBA 18/75 sets a monthly premium for staff who handle cash: 15% to 20% if you receive payments, 20% to 30% if you receive and pay out, and 25% to 40% if you pay out, calculated on your category's starting salary (Art. 22). Banks often pay this off the books or skip it entirely; if that is your case, it is a recoverable wage difference for the last two years.

How do I know if my seniority category is correct?

Administrative staff advance automatically by seniority, with mandatory step-ups at 15 years (Ayudante de Firma), 20 years (Jefe de Sección), 25, 30 and 35 years. We audit your file and pay stubs to check whether the bank promoted you at those milestones; if not, there is a retroactive wage difference.

I was transferred to a branch in the interior and I am not paid the zone premium. Is that owed?

Yes. CBA 18/75 sets a premium for unfavorable or remote zones of between 20% and 60% of the starting salary, depending on the locality's group (Art. 25). If you were transferred to a branch covered by that regime and it was not paid, it is a recoverable wage difference.

Are the hours I work after the public-facing schedule paid as overtime?

Banking has its own reduced-hours regime. Hours beyond that limit are paid as overtime under Article 201 of the Employment Contract Law (50% on ordinary days, 100% after 1 p.m. on Saturdays, Sundays or holidays), even if the total does not reach the general 48-hour workweek.

Do I lose the professional-degree premium if I don't practice that profession at the bank?

No. CBA 18/75 recognizes the premium for a recognized professional or technical degree even if the employee does not perform duties inherent to that degree, as long as they are on the pay scale (Art. 10-11). Only one degree premium is paid, the highest one, and it does not stack with the premium owed for specific technical duties that do require that degree.

What benefit applies on Bankers' Day?

November 6 each year is Bankers' Day, governed by the rules set for national holidays (Art. 50, CBA 18/75). If you were made to work that day without holiday treatment, the corresponding surcharge is owed.

How is severance calculated if I receive a cash-handling and a zone premium?

Severance under Article 245 is calculated on your best normal and habitual monthly pay over the last year, including remunerative premiums earned in at least 6 of those months. If the bank calculated your severance using only the base collective-bargaining salary and left out the cash-handling, zone, or night-shift premiums, the severance is understated and there is a difference to claim.

Is there a death benefit if a coworker passes away while employed?

Yes. CBA 18/75 provides for a death benefit for an employee who dies while employed, differentiated by marital status and dependent children (Art. 55), payable to the beneficiaries upon proof of the relationship. It is independent of any indemnification owed under other laws.

How long do I have to claim wage differences in banking?

Two years from when each difference accrued, or from the date of dismissal (Art. 256, Employment Contract Law). After that period, the claim for those months lapses.

What does the firm charge for a banking-sector claim?

We work on a 100% contingency fee basis: the consultation and the audit of your pay stubs are free, and we only get paid if you win and collect your severance or wage differences.

Protect Your Employment Rights with Dr. Guillermo Conti

Free initial consultation and severance audit for employees in Buenos Aires. Pure contingency fees:

Call 11 2604–4758