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EMPLOYEE RIGHTS – DEDICATED STAFF IN ARGENTINA

1. WORKING HOURS
   1. The Dedicated Staff work for nine (9) hours a day (inclusive of meal breaks), five (5) days a week.
   2. Hours work include all time during which the Dedicated Staff are required to be on duty or to be at a prescribed workplace. Outsourced, as part of its policy, adheres to a fifteen (15) minute grace period at the beginning of their shift. During that grace period, the Dedicated Staff would not be considered tardy. Tardiness shall be counted upon the lapse of the grace period.
2. MEAL BREAK
   1. The Dedicated Staff are given a one (1) hour meal break per day, and two (2) short fifteen (15) minute breaks.
   2. The one (1) hour meal break shall not be deemed compensable, while the two (2) short fifteen minute breaks are not compensable.
3. HOLIDAYS
   1. Dedicated Staff are entitled to take standard holidays as provided under https://outsourced.co/argentina/public-holidays/ This includes all other national or city holidays that may be declared by the Argentinian Government.
   2. The Argentinian Government may announce unplanned and/or movable holidays. The Client will be notified at least seven (7) days in advance upon declaration of the Argentinian Government.
   3. If the Client requires the Dedicated Staff to report for work on a holiday, the Client shall be invoiced the corresponding premium pay.
   4. If the Client does not require the Dedicated Staff to report for work on a holiday, the same shall still be invoiced as a worked day in compliance with Argentina Labor Laws.
   5. The holiday schedule of the Client’s country shall not be considered in determining whether Dedicated Staff should work or not.
4. LEAVES
   1. Company policy leaves
      1. Standard Leave Policy
      1. Annual Leave.

      Within the first to five years of service, the Dedicated staff are entitled to ten (10) Annual Leave. From 5 – 10 years, the Dedicated staff are entitled to Fifteen (15) Annual Leave. Dedicated staff is eligible to use the Annual Leave after six (6) months of continuous service. Dedicated Staff accrues 1 day (Annual leave) per 20 days worked.

      2. Sick leave

      Up to 3 months of paid leave for employees with less than 5 years of service. Up to 6 months of paid leave for employees with more than 5 years of service. If the employee has dependents, these entitlements are doubled (i.e., 6 months or 12 months). In the first year of employment, days 1 to 10 will be covered by the client. Days 11 to days 90 will be split 50/50 between the client and OS. From year 2 onwards the client will cover all sick days (1 to 90).

      3. The paid leaves are in addition to the holidays provided under Clause C of this Schedule.
      4. These company leaves are considered as paid leaves which are invoiced to the client annually at the day rate should these leaves be unused, which shall likewise be applicable for Dedicated Staff who leave at the middle of the year.
      5. Policy on Mandatory Time Off. Mandatory time off or forced leaves due to non-operating business days and/or holidays of the client, or any analogous causes, or upon request of the client, shall not be applicable to Outsourced and the dedicated staff.
      2. Leave Cash Conversion
      1. Outsourced provides its Dedicated Staff with a standard policy on unused earned leave conversion to cash yearly for a maximum of five (5) vacation days. In the event that the Dedicated Staff opts to convert said unused earned leaves to cash, the Client is invoiced on an annual basis within the first quarter of the calendar year.
      2. However, if the Client opts to have its Dedicated Staff exhaust all of their leave days within the year instead of converting unused leave to cash, this shall be communicated to Outsourced in writing prior to the placement of the Dedicated Staff.
      3. Once the Client has chosen the preferred leave policy, it will remain in effect for the duration of the Contract, unless otherwise modified, revised, amended or agreed to in writing by both parties.
   2. Statutory leaves

      The following leaves may be availed by the Dedicated Staff based on the foregoing circumstances:

      1. Maternity leave
      1. Argentina labor laws provide that any Dedicated Staff who fall pregnant are entitled to Ninety days (90) calendar days maternity leave. The Dedicated Staff may take their maternity leave at least 45 days prior to their expected date of birth. This Maternity Leave is shouldered by the Argentinian Government.
      2. In case of a miscarriage, the Dedicated Staff is entitled to sixty (60) calendar days maternity leave. If a miscarriage occurs, the employee is still entitled to maternity leave benefits as per the following conditions:
      3. Before 20 weeks of pregnancy: If a miscarriage happens before the 20th week, the employee can access sick leave entitlements, but 90 days of maternity leave may not be applicable.
      4. After 20 weeks: If the miscarriage occurs after 20 weeks, it is considered a stillbirth, and the employee is entitled to the full 90 days of paid maternity leave, as prescribed by law.
      5. The Dedicated Staff shall remain assigned to the Client during her maternity leave and shall not be dismissed or her services terminated during this period.
      6. The maternity leave may be extended. However, in the event that the Dedicated Staff opts to extend their maternity leave, their standard pay will be reduced to 25% of their standard rate, which shall be covered by the Argentinian Government.
      2. Paternity leave
      1. A Two (2) day paternity leave may be availed by a biological male Dedicated Staff, allowing him to assist in the childbirth, recovery and nurturing of their child.
      2. Paternity leave may only be availed for the first four (4) deliveries or miscarriages of his wife, with whom he is married and cohabiting with.
      3. An additional seven (7) day paternity leave may be granted by his spouse during the latter’s maternity leave.
      3. Marriage Leave: A Dedicated staff is given five(5) days of Marriage leave.
5. PREMIUM PAY

   Outsourced invoices the Client the corresponding rates should the Dedicated Staff be required to work under the following circumstances:

   1. Work on a holiday
   1. 200% of the standard charge out rate per day, if the Dedicated Staff work on a holiday.
   2. Overtime work
   1. Overtime work rates apply if the Dedicated Staff perform work or services beyond the hours agreed upon.
   2. Overtime shall only be performed following a written request and approval from the client.
   3. The following rates shall apply for every extra hour worked by the Dedicated Staff:
   1. First 3 hours of overtime: Overtime is paid at 150% of the Dedicated Staff’s standard hourly rate.
   2. Overtime beyond 3 hours: Overtime is paid at 200% of the Dedicated Staff’s standard hourly rate.
   3. Night Shift differential
   1. Night shift differential rates apply for work or services performed during the night time in Argentina Night shift differential applies for any work performed between 09:00 PM and 6:00 AM.

   Work Type	Maximum Hours	Pay Rate
   Night Shift	7 Hours	120%
   Night Shift Overtime (Weekdays)	–	150%
   Night Shift Overtime (Weekends/Holidays)	–	200%

   4. Work on a rest day
   1. Dedicated Staff are entitled to two (2) rest days per week. Any work performed during the Dedicated Staff’s rest day shall be invoiced 150% of the standard charge out rate per hour for the first three (3) hours, and then invoiced for 200% of the standard charge out rate per hour for every hour thereafter.
6. SECURITY OF TENURE
   1. The Dedicated Staff are entitled to security of tenure and may only be dismissed with just and valid cause and observance of due process.
   2. Outsourced properly observes due process, through the assistance of the Client in the following manner:
   1. Report on the performance, behavior, or action of the Dedicated Staff to be forwarded to Outsourced;
   2. The report shall contain a brief and concise narration of the incident which brought about the report, together with documentary proof;
   3. Outsourced, through its Human Resources Department (HR), shall issue the necessary Notice to Explain to the Dedicated Staff, giving the staff an opportunity to explain themselves.
   1. In case of performance issues, the Dedicated Staff shall also be placed under Performance Improvement Plan (PIP) for not more than thirty (30) calendar days.
   2. The Dedicated Staff placed under PIP shall be given an opportunity to improve their performance based on parameters and/or guidelines provided by the Client.
   3. Prior to the expiration of the PIP, Outsourced shall request feedback from the Client in relation to the Dedicated Staff’s performance.
   4. Should the Dedicated Staff improve their performance, the Dedicated Staff shall remain assigned to the Client.
   5. In case the Dedicated Staff fail to reach the parameters, or worsen their performance, the Dedicated Staff’s services shall be terminated.
   4. Upon submission of the written explanation, the HR shall assess the Client’s report and the Dedicated Staff’s explanation and render a decision whether or not to impose disciplinary action or dismissal of employment of the Dedicated Staff.
   3. Redundancy
   1. Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. In the case of this Agreement, since the Dedicated Staff are engaged by Outsourced due to the Client’s requirements or specifications, any termination of this Agreement shall be categorized as redundancy.
   2. In case of redundancy, the Client is required to provide written notice to Outsourced sixty (60) calendar days prior to the intended termination thereof, and the terms under Clause 11.3, 11.4, and 11.6 hereof shall apply as necessary.
   3. Required for employees dismissed without cause outside the probation period. Equivalent to 1 month of salary per year of service or fraction greater than 3 months.
   4. The staff shall be paid redundancy pay equivalent to one month pay for every year of service started, i.e., less than 1 year service (1 month redundancy pay), 1 year to 2 years (2 month redundancy pay), and so forth.