The final World Cup game is set for this Sunday, December 18. Over the past month we have been staging our own matchups, comparing labor and employment laws of participating countries.¹ While there have been plenty of mistakes on the field during this tournament, employers can be a bit more proactive in avoiding legal penalties when operating abroad. In this seventh and final part of this series, we examine the most common mistakes foreign employers make in Argentina and France, and what can be done to help avoid them.

Argentina v. France (December 18)

Argentina

Employers operating in Argentina commonly make the following mistakes:

• Entering into independent contractor, distributor or sales representative or other designated status agreements without considering the protective nature of the Argentine labor regime, which—generally—results in claims based on incorrect registration of the relationship. Employers have to be careful to avoid subordination clauses, as the existence of the employment relationship in Argentina will be determined based on the facts and subordination of the worker.
• Applying international agreements or policies in a foreign language without local legal review. Based on the protective nature of labor regulations, all documents executed should be in Spanish (by way of analogy, for the Argentine team all penalties should be executed by Messi—by the way, we hope that in the final Argentina will have many penalties, but not in extra time), in addition to...

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