Impact of the Reform on Evidence in Labor Proceedings

In February 2026, the Argentine Congress is expected to debate the Labor Modernization Bill submitted by the National Executive Branch in December 2025. The Bill seeks to amend not only the Argentine Labor Law (Law 20744) but also the Law on the Organization and Procedure of National Labor Courts (Law 18345 or the LO).  

The reform proposed in the Labor Modernization Bill introduces significant amendments to the procedural rules applicable to labor proceedings, including amendments to articles 65 and 71 of the LO. Under the proposed language, the claimant would be required to submit all evidentiary offerings at the time of filing the complaint. This represents a significant departure from the current procedural model, under which the claimant may offer evidence after the employer has filed a response. The stated objective is to rebalance the procedure and to reinforce transparency and fairness between the parties. 
 

​Background of the Reform 

Under the existing procedural regime, a worker initiating a claim may offer evidence only after the employer has filed its response. This dynamic generates an asymmetry in the proceedings, as the claimant may adjust the evidentiary strategy in response to the employer’s allegations and supporting evidence. Such imbalance has long been criticized because it may afford the claimant a procedural advantage to the detriment of the employer. 

The proposed reform seeks to ensure equal procedural conditions from the outset. By requiring the claimant to submit all the offering of evidence together with the complaint, the Bill establishes a more balanced framework in which both parties must present their allegations and evidence at the initial stage, preventing either party from modifying its strategy based on the other’s submissions. 
 

Reduction of Procedural Delay 

By requiring evidence to be offered at the commencement of the proceedings, the Bill aims to reduce the likelihood of unnecessary delay. This measure may expedite labor litigation, benefiting both workers and employers, who often face prolonged periods of uncertainty due to the duration of judicial proceedings. ​ 
 

Procedural Balance 

From the employer’s perspective, the Bill is a positive development, as it eliminates the possibility that the claimant adjusts the evidentiary strategy in reaction to the employer’s response. This may foster a greater perception of fairness and procedural equality and strengthen confidence in the judicial process. ​ 
 

Conclusion 

The proposed amendment to article 65 of Law 18345 constitutes a significant development in labor procedure. By promoting balance, transparency, and procedural fairness, while reducing delays, the reform enhances the overall integrity of labor adjudication. 

From the employer’s standpoint, the Bill would provide additional procedural safeguards and place both parties on equal footing when facing labor claims. This could contribute to a more equitable and transparent environment in labor litigation and strengthen trust in the judicial system. 

It will be important to monitor the legislative progress of the Bill, given the substantial impact these procedural changes would have on labor litigation.