Impossibility to pay remunerations through a mobile payment platform

In the recitals, the Resolution highlights that, although the use of payment methods supported by technological tools or devices could offer some benefits, from a formal point of view, "mobile payment platforms" cannot be assimilated to "accounts opened in official banks or savings institutions", since these platforms do not gather the requirements established by the Law on Financial Institutions; therefore, they do not conform to the provisions of the Labor Contract Law. In addition, the resolution highlights that the transfer of funds or electronic payments, although they can be credited immediately, cannot be considered a "cash" payment since they must be made with paper money as a generally accepted means of exchange for the payment of goods and services.

The Resolution orders that employers who have arranged the use of mobile communication devices or any other electronic supports enabled as channels for the immediate transfer of funds for the accreditation of remunerations, with the explicit  acceptance of the employees, must provide new means of payment in accordance with the provisions of Section 124 of the Labor Contract Law (t.o. 1976) and its amendments within the nonrenewable period of NINETY (90) working days.

Likewise, the Resolution establishes that upon expiration of the NINETY (90) working day term, all agreements that had been signed by the SECRETARIAT OF LABOR by application of Resolution 168/2018 will be repealed.

The Resolution does not limit or prevent remuneration payments from being made using homebanking applications. It only refers to digital platforms outside the banking system and that are not regulated by the Argentine Central Bank.

Finally, the Resolution establishes that it will come into effect on the first working day following its publication, that is, from March 12, 2020.