How to hire a caregiver on the books: Law 26.844, ARCA and what it costs

Paying the caregiver off the books looks cheaper. Having her on the books costs about ARS 43,700 more a month. A labor lawsuit, with no workers’ comp and no pay stubs, costs two years’ salary. Here’s how to do it.

Updated September 2026 · Orbi, care circle

Which law applies, and which category is it?

An elder caregiver who works in a family home falls under Law 26.844 (the Special Employment Regime for Domestic Workers), in the "Asistencia y cuidado de personas" (personal care and assistance) category. She isn’t a monotributista (registered under the simplified self-employment tax regime), she isn’t a freelancer, and she doesn’t invoice you: it’s an employment relationship with an employer (you, or your mom if she’s the one paying).

One thing to watch out for: if you hire a nurse or someone through a care agency, the relationship may be different (the agency is the employer, or she’s a licensed professional who invoices you). This guide is for a caregiver hired directly by the family, which is the most common case.

What’s the minimum you have to pay her?

September 2026 rates for personal care and assistance (in Argentine pesos, ARS):

These are the rates set by Resolution 6/26 of the CNTCP (the national commission for domestic work). On top of that comes a non-wage supplement (suma no remunerativa) of up to ARS 20,000 depending on weekly hours, which in 2026 is being folded into the base wage between September and November. If she works under 24 hours a week she’s paid by the hour; from 24 hours up, a prorated monthly wage. The pay scale is updated almost every month: before you calculate her pay, check the current rate on the ARCA or CNTCP website.

How much are the contributions?

They’re paid monthly, based on weekly hours. According to ARCA’s official table for August 2026 (due in September), for an active worker over 18:

In other words: a caregiver working 8 hours a day costs about ARS 43,700 more a month on the books. For that you get workers’ comp insurance (ART) (if she gets hurt lifting your dad, it’s not a lawsuit against you), health insurance for her, and pay stubs, which are the only proof of what was paid and how many hours were agreed.

Step by step: how to register her with ARCA

1. Tax ID password (clave fiscal). The employer’s (yours or your mom’s). Security level 2 or higher. If your mom doesn’t have one, she can get it with her national ID (DNI) in the ARCA app or at an ARCA office.
2. Go to arca.gob.ar → "Casas Particulares" (the service is called "Registro y aportes de Casas Particulares"). If you don’t see it, add it from "Administrador de relaciones de clave fiscal."
3. Register the worker: CUIL (her labor tax ID), date of birth, address, start date, "Asistencia y cuidado de personas" category, arrangement (live-out or live-in), weekly hours (this sets the contribution), agreed pay, and the health insurance she chooses (if she doesn’t choose, she’s assigned the regime’s default).
4. Print the registration certificate. Give her a copy.
5. Every month: generate the contributions payment slip (VEP) from the same service and pay it through online banking before the due date (the 10th). Then issue the pay stub from ARCA, in two copies, which you both sign.

The whole process takes half an hour the first time and ten minutes each month after that. If your mom pays her out of her pension, she’s the employer, and there’s an income tax (Ganancias) deduction that almost never applies to retirees; but it does apply if you’re the employer and you pay Ganancias: you can deduct wages and contributions up to the annual cap.

What are her rights, and what are your obligations?

• Working hours: maximum 8 hours a day or 48 a week. 35 consecutive hours off per week (typically Saturday 1 p.m. to Monday 6 a.m.). Live-in: 9 hours of rest at night and 3 hours during the day.
• Overtime: time and a half on weekdays, double time on Saturdays after 1 p.m., Sundays and holidays.
• Vacation: 14 consecutive days with under 5 years on the job, 21 up to 10 years, 28 up to 20, and 35 for over 20.
• Aguinaldo (13th-month pay): half a month’s pay in June and half in December.
• Sick leave: paid leave of up to 3 months a year (6 with over 5 years on the job), with a doctor’s note.
• Maternity leave: 90 days, paid by ANSES (the national social security agency).
• Notice and termination: 10 days’ notice (under one year) or 30 days (over one year). Severance of one month’s pay per year worked or fraction over 3 months, based on her highest monthly pay in the last year. If you let her go without notice, you pay the notice period.
• Trial period: 30 days for live-out, 15 for live-in. During that time the job can end without severance, with notice.

What happens if I keep paying off the books?

Three real risks. First, an accident: if she falls in your home or hurts her back moving your dad, without workers’ comp (ART) you’re liable, and a spinal injury means a lawsuit worth several million pesos. Second, a labor lawsuit: when the relationship ends badly, she can claim all the years worked off the books, plus fines for not registering her, and without pay stubs you have no way to prove anything; a claim for three years of work won’t come to less than two years’ salary. Third, an inspection: less common, but with steep fines. And there’s a fourth that isn’t a risk but a matter of decency: without contributions, she can’t retire.

And how do I keep track of the hours?

Her pay is calculated from the actual hours worked. No timesheet, no accurate pay stub. How to set one up, with a template, is in In-home caregiver timesheet. The full numbers on what each care option costs are in What it costs to care for an aging parent in 2026.