Labor Lawyers for Retail and Commerce Employees (CCT 130/75)
Do You Work in Retail and Have Problems at Work or With Your Payslip?
Send a photo of your payslip or telegram for a free legal audit with Dr. Guillermo Conti:
Collective Bargaining Agreement No. 130/75 for Retail Employees (CCT 130/75) is the most widely applied agreement in Argentina. We advise and defend salespeople, cashiers, administrative staff, cleaning and maintenance workers, and commercial logistics personnel facing dismissals, wrongly assigned job categories, and wage claims.
1. Rights and Specific Pay Items Under the Retail Agreement (CCT 130/75)
Day-to-day practice in shops, retail chains, supermarkets, and shopping malls produces recurring irregularities that give rise to high-value severance and wage claims:
- Weekend Overtime: hours worked on Saturdays after 1:00 p.m. and on Sundays must be paid with the statutory 100% surcharge.
- The Untouchable Attendance Bonus (Section 40, CCT 130/75): the supplementary 8.33% cannot be deducted for certified medical leave or for vacation.
- Your Real Job Category: if you do direct selling or handle the register but are recorded as maestranza A (cleaning and general services) or entry-level administrative staff, you are entitled to collect the wage differences for the last 2 years retroactively.
- Cash Commissions / Off-the-Books Pay: every sales percentage paid outside the payslip must be built into the base used to calculate severance pay under Section 245 of the LCT, Argentina's Employment Contracts Act.
2. Frequently Asked Questions From Retail Employees (Full Guide)
I am a salesperson but my payslip says "Maestranza A". Can I claim?
Yes. Correct job classification is a non-waivable right. If you perform direct sales work but are classified as cleaning staff or entry-level administrative in order to pay you a lower base wage, you can formally demand reclassification into the Vendedor B or Vendedor A category of CCT 130/75 and retroactive payment of every wage difference owed over the last 2 years.
How is "Retail Employee Day" (September 26) paid?
Under National Law 26,541, Retail Employee Day is a national public holiday. If you do not work, you receive your usual pay plus the holiday premium (divisor 25). If you do work, the company must pay the day with an additional 100% surcharge (double pay) plus the corresponding compensatory day off.
I work in a shopping mall on Saturdays and Sundays. How are those hours paid?
Work performed on Saturdays after 1:00 p.m. and on Sundays must be paid with a 100% surcharge (double-rate overtime), plus a mandatory compensatory day off in the following week. If the company does not pay it, a wage claim accrues in your favor.
What is the attendance bonus (presentismo) and when do I lose it?
It is the supplementary allowance of 8.33% (one twelfth) set by Section 40 of CCT 130/75. It is paid to every worker who does not incur unjustified absences. You do not lose it because of annual vacation, sick leave with a medical certificate, work accidents, or statutory special leave (marriage, birth, bereavement).
I am a cashier. Am I entitled to the cash-drawer allowance (fallo de caja)?
Yes. Anyone working as a cashier A, B, or C in supermarkets, department stores, or retail shops is entitled to receive the monthly cash-shortfall allowance under CCT 130/75, to offset any discrepancies found when the till is balanced.
Part of my salary is paid as "travel allowance" or "advance on future raises". Is that legal?
Disguising wages as supposed "travel allowances without receipts" or as non-remunerative items is a fraud on labor law designed to evade social security contributions and shrink your 13th-month bonus and your severance. Those amounts must be treated in full as remuneration for every legal purpose.
Can they force me to work overtime?
No. Except in the exceptional cases of emergency aid or force majeure contemplated in Section 203 of the LCT, working overtime is strictly voluntary, and the company cannot sanction you for refusing to extend your regular workday.
I work part-time but I always do overtime. What happens?
Section 92 ter of the LCT flatly prohibits overtime for part-time employees. If the company regularly requires hours beyond the agreed part-time schedule, the law penalizes the employer by requiring it to pay you the full-time wage for an 8-hour day.
How is my severance calculated if I earn commissions?
For commission-based salespeople, the Section 245 LCT base is set by taking the best monthly remuneration earned in the last year, adding the collective-agreement base wage plus the month with the highest commissions and regular bonuses, with no averaging that would reduce it.
Does the "cold zone" or "unfavorable zone" allowance apply to retail?
It applies to workers providing services in the Patagonian region (La Pampa, Río Negro, Neuquén, Chubut, Santa Cruz, and Tierra del Fuego), who receive a differential unfavorable-zone coefficient on top of their collective-agreement base wages.
I was dismissed for "force majeure" or "lack of work". Do they only pay half?
Dismissal with severance reduced to 50% (Section 247 LCT) requires the company to prove that the crisis was unforeseeable, unavoidable, and not the result of ordinary business risk. Labor courts reject this ground in 98% of cases, requiring payment of 100% of the Section 245 severance.
Do I have to clean the bathroom if I was hired as a salesperson?
No. Assigning cleaning or heavy maintenance work to someone hired and classified as a floor salesperson is an abusive exercise of ius variandi (Section 66 LCT) that worsens your working conditions and causes moral harm.
Is the seniority allowance cumulative?
Yes. Under CCT 130/75 you are paid 1% of the base wage for each completed year of service at the establishment, accumulating month after month on your monthly remuneration.
I work in a call center. Does the retail agreement cover me?
Many call centers classify their operators under CCT 130/75 (retail branch) or under specific agreements. The maximum workday for telephone operators is usually set at 36 hours per week for reasons of psychophysical health and vocal fatigue.
What if they force me to invoice as a monotributo contractor?
It is labor fraud through the interposition of a non-employment arrangement. An employee who keeps a schedule, has a supervisor, and works exclusively for the company as a bogus monotributo contractor can demand retroactive registration with contributions and collect full severance upon dismissal.
Is OSECAC the only health plan I can have?
No. Every retail worker has the legal right to switch to any union health plan within the national health system from the first day of work.
Am I entitled to work clothing?
Yes. The employer must provide each employee, free of charge, with two complete work uniforms per calendar year, suited to the winter and summer seasons.
I was harassed or mistreated by the store manager. What do I do?
Verbal abuse, bullying, or workplace harassment (mobbing) by supervisors makes the employer jointly liable. You must formally demand that the persecutory conduct stop immediately, under warning of constructive dismissal with compensation for moral harm.
How is vacation counted in retail?
Paid annual vacation is counted in calendar days starting on a Monday (or the next business day if that Monday is a holiday) and is paid using the divisor 25 of Section 155 LCT (vacation premium).