Probation periods and hiring in Argentina: the trial period and the first months of employment

Key rules

1. Which contracts carry a probation period

• Indefinite contracts only. Art. 92 bis applies to "the contract of employment for an indefinite term". An employment contract is indefinite unless a term was fixed expressly and in writing or the nature of the work objectively justifies a term (LCT art. 90), and the employer bears the burden of proving a fixed term (art. 92).
• Full time and part time. A part time contract under art. 92 ter is still an indefinite contract, so the probation rules apply to it in the same way. The text makes no distinction.
• Fixed term, seasonal and eventual contracts. These have their own exit rules (arts. 93 to 100 and Law 24.013 arts. 68 to 74) and are not described as being "on probation". Decree 70/2023's version of art. 92 bis expressly excluded seasonal contracts (art. 96) from probation; the Law 27.742 text now in force does not mention them but limits probation to indefinite contracts in any case (dnu70_2023, art. 71; LCT art. 92 bis). Whether a seasonal worker whose job meets permanent needs (art. 97, second paragraph) can be put on probation in the first season is not addressed in the sources (unconfirmed).
• Special statutes. Domestic staff: 6 months, same rules on no severance and single use (Law 26.844 art. 7, as replaced by Law 27.802 art. 107). Permanent continuous agricultural workers: 8 months (Law 26.727 art. 16, as replaced by Law 27.802 art. 113). Note that Law 27.742 art. 98 had previously sent agricultural workers to art. 92 bis; the Law 27.802 wording now fixes 8 months directly. Construction workers under Law 22.250 have their own termination fund system; nothing in the sources links them to art. 92 bis (unconfirmed).
• Not employment at all. The LCT does not apply to independent workers and their collaborators under Law 27.742 art. 97 (LCT art. 2(e), as replaced by Law 27.802 art. 1), nor to civil contracts for works, services, agency, transport or freight (art. 2(d)). Using such a contract to avoid probation rules is a classification question, covered on Contractors and platform work.

2. Length and extension

Points the text leaves open, flagged plainly:

• When headcount is measured. Art. 92 bis speaks of "companies of 6 and up to 100 workers" and "companies of up to 5 workers" without saying at what date the count is taken (hiring date, termination date, average), whether the new hire counts, or whether workers of group companies are added. If an employer grows from 5 to 6 workers during a 12 month probation, the text does not say whether the longer period survives (unconfirmed).
• "Up to". The agreement may set any period up to the ceiling; it does not automatically grant the maximum.
• Agreement must be in force and applicable. The extension only helps employers covered by an agreement that contains it. Which agreement applies to a given employer is a separate question (see Collective agreements). None of the agreement texts held in the project sources contains a probation extension clause, so this page cannot point to a real example (unconfirmed).
• Counting months. The text says "the first six (6) months of validity". This page reads it as calendar months from the start date (a worker starting 1 November is on probation through 30 April). The sources do not state a counting rule or say whether periods of suspension, such as sick leave, extend probation (unconfirmed).

3. Rights and duties during probation (art. 92 bis(iii) to (vi))

• The parties have all the rights and duties of an employment relationship except the exceptions in art. 92 bis; this includes the worker's union rights (iii).
• Employee and employer social security contributions are due in full, with the corresponding benefits (iv). There is no reduced rate for probation as such; the only reductions come from separate regimes such as the RIFL.
• Work accidents and occupational illness: full cover from day one (v), through the employer's ART (Law 24.557).
• Non work illness or accident (LCT art. 208): paid sick leave applies, but if the employer terminates during probation it lasts only until the end of the probation period (v). The fourth paragraph of art. 212 (severance for absolute incapacity) is excluded during probation (v).
• Seniority. Probation counts as service for all labor and social security purposes (vi). A worker kept on after probation has seniority from day one, which matters for notice (1 month up to 5 years), vacation and severance.

4. Ending the relationship during probation

• No cause, no severance. Either party may terminate "without stating a cause, without the right to an indemnity by reason of the termination" (art. 92 bis). The art. 245 severance applies only to dismissal "after the probation period has elapsed" (art. 245, first paragraph, as replaced by Law 27.802 art. 51).
• No employer notice. Art. 231(b), as replaced by Law 27.802 art. 48 (in force from 6 March 2026), sets employer notice at 1 month (up to 5 years) or 2 months, and adds: "For the case in which the worker is in the probation period, the notice obligation will not be required." Art. 233 adds that the integration of the month of dismissal does not apply to terminations during probation.
• Employee resignation. The probation exemption sits only in paragraph (b), which deals with notice by the employer. Paragraph (a), notice of 15 days by the worker, is unchanged and contains no exemption. Read literally, a worker who resigns during probation still owes 15 days' notice, or the substitute indemnity of art. 232. The point is contested and the sources contain no regulation or ruling on it (unconfirmed). Resignation must be made by telegram (physical or digital) or before the labor authority (art. 240, as replaced by Law 27.802 art. 49).
• What is still owed on any termination: salary for days worked; proportional SAC, one twelfth of pay accrued in the semester (art. 123); vacation indemnity proportional to the year worked (art. 156; for workers who have not worked half the working days of the year, leave accrues at 1 day per 20 days worked, art. 153). Payment within 4 business days of termination (arts. 128 and 255 bis). Work certificates within 45 business days, which may be met through ARCA's systems (art. 80, as replaced by Law 27.802 art. 25).
• Form. The law does not require a particular form for an employer termination during probation; art. 235 requires written proof of notice where notice is given. A written communication with proof of receipt is the only safe practice (see Practical traps).
• Report the baja. The employer must file the termination (baja) in Simplificación Registral within 5 calendar days of the end of the relationship, for any cause (AFIP RG 2988/2010 art. 4).

5. Limits on use

• Once per worker per employer. "An employer cannot hire the same worker more than once using the probation period. If it does, it will be deemed by operation of law to have waived the probation period" (art. 92 bis(i)). The text has no time limit: a rehire five years later is still a second use.
• No rotation. "Abusive use of the probation period in order to avoid making workers permanent" is sanctionable, and it is "especially" abusive to hire different workers successively for the same permanent post (art. 92 bis(ii)). The sanctions are those of the labor infraction regimes, mainly Law 25.212 (see section 8).
• Seniority on rehire. If the same worker returns within 2 years, previous service counts (art. 18, as replaced by Law 27.802 art. 9); severance paid earlier is deducted, updated by CPI (art. 255).
• RIFL rehire rule. A worker declared in the general social security regime who is rehired by the same employer within 12 months of termination, for any cause, cannot be included in the RIFL (Law 27.802 art. 160, first paragraph).

6. Registration from day one

• The probation condition. "The employer must register the worker from the start date of the relationship; otherwise it will be considered to have waived the probation period" (art. 92 bis, last paragraph).
• What registration is now. Employers register workers with ARCA "according to the rules that agency issues", and that registration is sufficient for all purposes, without additional requirements by any other authority (LCT art. 52, as replaced by Law 27.802 art. 20; Law 27.802 art. 155). Since Law 27.802 entered into force, the art. 52 obligation "will be fulfilled through the alta and baja of workers in the systems enabled by ARCA", and "employers will not be required to keep labor books in physical or digital form" (Decree 407/2026, Annex I, art. 1). Pre existing books must be kept for 10 years and may be digitized (art. 52, third paragraph).
• Earlier step. Law 27.742 had already provided that the relationship is registered when the worker is enrolled "in the forms and conditions set by regulation", through simple, immediate electronic means (Law 24.013 art. 7, as replaced by Law 27.742 art. 82), and Decree 847/2024 stated that enrolment in AFIP's systems satisfies the art. 52 book (Annex II, art. 1).
• ARCA rule: Simplificación Registral. AFIP RG 2988/2010 (BO 9 December 2010) creates the "Registro de Altas y Bajas en Materia de la Seguridad Social" and the "Simplificación Registral" system. Deadlines (art. 3):
• workers in the activities listed in Annex I: up to the moment work actually begins;
• all other workers: up to the day before work actually begins, inclusive, whatever the type of contract. The Annex I list of activities is not reproduced in the source file (unconfirmed). A phone procedure exists for Annex I activities, to be completed online within 5 business days (arts. 17 and 18). If the system is down, form F. 885/A may be filed at the ARCA office (art. 10).
• Proof for the worker. The system issues an acknowledgement (acuse de recibo) with a "Registro del Trámite" number. Its duplicate must be handed to the worker within 48 hours from 0:00 of the day after the date on the acknowledgement, with documented receipt (RG 2988 art. 21(a)). The number lets the worker check contributions in "Mis Aportes" (art. 22).
• Dates you can rely on. The start or end date alleged by the employer is opposable to ARCA only if the alta or baja was communicated under RG 2988, and, for the alta, if the worker appears in the F. 931 return for the starting month filed by the general due date (art. 24).
• A timing gap. Art. 92 bis requires registration "from the start date"; RG 2988 requires the alta by the day before. An alta filed on the first morning of work, with the correct start date, arguably satisfies art. 92 bis while breaching RG 2988. No source resolves whether that loses probation (unconfirmed). File the day before.
• The payroll book system. AFIP RG 5250/2022 (BO 17 August 2022, shown as in force in the ARCA library) requires employers notified by ARCA to prepare the art. 52 "Libro Especial" through the "Libro de Sueldos Digital" system, built from the F. 931, Simplificación Registral and the "Sistema Registral" (arts. 1 to 3), with the F.8351 summary signed electronically (art. 4). It replaced RG 3781/2015. Decree 407/2026 now says no labor book is required. Whether ARCA has adapted or repealed RG 5250, and whether "Libro de Sueldos Digital" survives as the route for preparing the F. 931, is not shown in the sources (unconfirmed).
• The worker's duty. Workers must report irregular registration (no registration, wrong start date or wrong pay) to ARCA as soon as they know of it (Law 24.013 art. 7 ter, as replaced by Law 27.802 art. 98).

7. Contributions during probation

Probation does not change contribution rules (art. 92 bis(iv)). In summary (details on Payroll):

Two probation specific points:

• The FAL does not help with probation exits. The FAL may pay severance related items only for workers registered at least 12 months before termination (RG 5907/2026, recitals, describing Law 27.802 Title II), and there is no severance in probation anyway. A probationer's FAL contributions simply build the employer's own fund.
• RIFL and the art. 22 deduction. Art. 159 replaces the rates for the four subsystems. Whether the ARS 7,003.68 deduction of Law 27.541 art. 22 still applies to the reduced RIFL base is not stated (unconfirmed). The examples below apply RIFL rates to full pay.

8. Sanctions and the post 2024 penalty map

some secondary summaries asked about "the new fines regime" after Law 27.742. The sources show that there is no new statutory fine payable to the worker; the old ones were removed, and what remains is administrative.

• Repealed (worker indemnities). Law 27.742 art. 99 repealed arts. 8 to 17 and 120(a) of Law 24.013, art. 9 of Law 25.013, arts. 43 to 48 of Law 25.345, art. 15 of Law 26.727 and art. 50 of Law 26.844; art. 100 repealed Law 25.323 in full. The Infoleg text of Law 24.013 marks arts. 8 to 17 as repealed with effect from the day after publication of Law 27.742 (BO 8 July 2024). The content of the repealed articles is not reproduced in the sources (unconfirmed).
• Still in force: consequences in a lawsuit. Lack of registration creates a presumption in favor of the worker's statements on the facts that should have been registered (art. 55); judges weigh formal omissions case by case (art. 53); probation is lost (art. 92 bis); and a final judgment finding unregistered work must be reported to ARCA within 10 business days so that it can assess contributions (Law 24.013 art. 7 quater).
• Still in force: Law 25.212 labor infraction fines (Annex II, art. 5, as replaced by Law 26.941, BO 2 June 2014), applied by each jurisdiction under its own procedure (art. 6):

The minimum wage is ARS 391,200 from 1 October 2026, ARS 398,800 from 1 November 2026 and ARS 406,400 from 1 December 2026 (CNEPYSMVM Resolution 4/2026 art. 1, BO 2 September 2026). Two open points: Law 25.212 is drafted around "registration books", which Decree 407/2026 has now abolished as a requirement, so how inspectors will classify a missing ARCA alta is not settled in the sources (unconfirmed); and art. 92 bis(ii) does not say which class abusive probation falls in, though art. 3(e) (contract modalities) and 3(g) (abusive use) are the natural candidates (unconfirmed).

• Still in force: ARCA penalties. RG 2988 art. 25 refers breaches to the sanctions of AFIP RG 1566 (t.s. 2010), art. 19(a) of which covers failure to register the alta properly. RG 1566 and the underlying Law 11.683 penalties are not in the sources (unconfirmed). Final sanctions for failure to register workers are published in REPSAL (Law 26.940 arts. 1 and 2), and employers listed in REPSAL cannot use the RIFL while listed (Law 27.802 art. 160(a)).
• Amnesty windows. Law 27.742 Title IV (regulated by Decree 847/2024 Annex I) allowed regularization of jobs begun before its promulgation, with condonation scales set by the decree; Law 27.802 Title XXII (PER) opens a new one for jobs begun before its own promulgation, with at least 70% condonation (art. 169) (unconfirmed). Details are on Payroll.

9. Alternatives to probation: fixed term, seasonal, eventual, collaborators

Practical reading: a fixed term or eventual contract cannot be used as a disguised trial. If the job is permanent, the law presumes an indefinite contract (arts. 90 and 92), and probation is the only lawful trial mechanism. The collaborator regime under Law 27.742 art. 97 promised a "special unified regime" with a single monthly contribution covering pension, health and work risk; the sources show only the Decree 847/2024 conditions and a reference to an option in Decree 661/2024 art. 12, which is not in the sources (unconfirmed). See Contractors and platform work.

Timeline of norms

Transition. A worker hired before 9 July 2024 stays under the probation rules in force when the relationship started (Decree 847/2024 Annex II art. 4). By October 2026 any such probation has long expired, so the point matters only in litigation. Terminations during probation between 9 July 2024 and 5 March 2026 were governed by the earlier wording of art. 231, which this page does not reproduce (unconfirmed).

Key deadlines

Step by step

Before the first day

1. Identify the applicable collective agreement and check whether it extends probation and to how long; check that the company's headcount falls in the bracket the clause relies on (art. 92 bis(a) and (b)). Note the agreement code; Simplificación Registral requires it (RG 2988, recitals and Annex II tables). See Collective agreements.
2. Confirm the employer is registered with ARCA as an employer and has Clave Fiscal access to Simplificación Registral; before the November 2026 F. 931, every employer must also declare there whether it is private or public sector (RG 5907/2026 art. 4).
3. Check whether this person has worked for you before. If so, no probation is available (art. 92 bis(i)); seniority may carry over if the gap is under 2 years (art. 18); and RIFL is barred if the gap is under 12 months (Law 27.802 art. 160).
4. Check RIFL eligibility if the start date falls between 1 May 2026 and 30 April 2027: no registered job on 10 December 2025, or unemployed for the previous 6 months, or a Monotributo registrant (as defined in Decree 315/2026 art. 3), or last job in the public sector (Law 27.802 art. 157). The option must be exercised from the start; it cannot be claimed retroactively (art. 162; Decree 315/2026 art. 10). The ARCA screen or code for the option is not in the sources (unconfirmed).
5. Put the offer in writing: indefinite contract, start date, category under the agreement, salary, working time, and a clause recording the probation period and its length (with the agreement clause if extended). The law does not require a written contract for an indefinite hire, but written terms make the end date provable.
6. File the ARCA alta in Simplificación Registral no later than the day before the start date (RG 2988 art. 3(b)), with the data of art. 5 and Annex II: CUIL, start date, remuneration, agreement, category, position, health insurance, workplace. Keep the acknowledgement.
7. Arrange ART cover for the new worker (Law 24.557 arts. 3 and 27).

Time: under an hour online. Cost: no government fee. Paper: none required; F. 885/A only if the system is down.

During probation

1. Hand over the alta duplicate within 48 hours and get a signed or digital receipt (RG 2988 art. 21).
2. Run payroll normally: payslip in the four section format of Decree 407/2026 Annex I art. 5 (employer data, employer contributions and charges, gross pay and deductions, net pay, and a summary of total labor cost); file the F. 931 and pay by VEP (see Payroll).
3. Diary the end date (for example, a 1 November start ends probation on 30 April) and set a review meeting at least 3 weeks before it. Document performance concerns as they arise.
4. Handle sickness and accidents as for any employee: work accidents go to the ART; non work illness is paid under art. 208, but only to the end of probation if you terminate.

Ending within probation

1. Decide and communicate before the end date, in writing with proof of receipt (for example a digital or physical telegram or a signed letter). No reason is needed; do not state discriminatory or retaliatory reasons, and check for pregnancy or other special protections first (see Practical traps).
2. Pay the final settlement within 4 business days: days worked, proportional SAC, vacation indemnity (arts. 123, 156, 255 bis).
3. File the baja within 5 calendar days (RG 2988 art. 4), with the cessation reason code from the system tables.
4. Make certificates available within 45 business days (art. 80).

Confirming the worker

1. Nothing needs to be filed when probation ends. The worker simply becomes a permanent employee with seniority from day one. Update notice and severance provisions in your HR records.

Worked examples

Example 1: hiring at ARS 1,500,000 gross and ending in month 5 vs month 7

Facts. A manufacturing SME with 30 employees (so the 18% employer rate applies and the ARS 10,000 small payroll deduction does not) hires a supervisor on an indefinite contract starting 1 November 2026, gross salary ARS 1,500,000 (US$ 959) per month. The alta is filed on 31 October. The applicable agreement does not extend probation, so it runs to 30 April 2027. The worker does not qualify for RIFL and takes no vacation. Assumptions: salary flat; SAC on a one twelfth basis; holidays ignored in counting weekdays (44 in Nov to Dec 2026, 64 in Jan to Mar 2027, 107 in Jan to May 2027) (unconfirmed); vacation indemnity treated as outside the contribution base under Law 24.241 art. 7 (unconfirmed); ART premium and union or agreement charges not included (unconfirmed).

Monthly running cost. * Employer contributions: 18% x (1,500,000 minus 7,003.68) = ARS 268,739.34 (US$ 172) (Law 27.541 arts. 19(b) and 22). * Health insurance: 6% x 1,500,000 = ARS 90,000 (US$ 58). * Total monthly cost before ART: ARS 1,858,739.34 (US$ 1,189), about 23.9% over gross. * The worker takes home 1,500,000 x 83% = ARS 1,245,000 (US$ 796) before income tax and union dues (11% + 3% + 3% withholdings). * From 1 December 2026 the FAL contribution of 2.5% (ARS 37,500, US$ 24) is offset by an equal reduction in the 18%, so the cash cost does not change (Law 27.802 art. 76; Decree 1228/2026).

Scenario A: termination effective 31 March 2027 (end of month 5, inside probation). * No severance (art. 92 bis), no notice (art. 231(b)), no integration (art. 233). * SAC: second 2026 instalment for November and December = 3,000,000 / 12 = ARS 250,000; proportional SAC on exit for January to March = 4,500,000 / 12 = ARS 375,000 (art. 123) (unconfirmed). * Vacation indemnity: (44 + 64) / 20 = 5.4 days x (1,500,000 / 25 = 60,000) = ARS 324,000 (arts. 153, 155, 156). * Employer contributions on SAC: 18% x (250,000 minus 3,501.84) = 44,369.67 and 18% x (375,000 minus 1,750.92) = 67,184.83 (Law 27.541 art. 22: 50% deduction per instalment, prorated for proportional SAC).

Scenario B: dismissal without cause effective 31 May 2027 (end of month 7, after probation). * Severance: seniority is 7 months, a fraction above 3 months, so 1 month x 1,500,000 = ARS 1,500,000 (art. 245; assumes the agreement cap is not lower, and in any case severance cannot be below one month). * Notice in lieu: 1 month, ARS 1,500,000 (arts. 231(b), 232). * Integration: none, because the dismissal falls on the last day of the month (art. 233). * SAC: 250,000 plus January to May 5 x 1,500,000 / 12 = 625,000. * Vacation: (44 + 107) / 20 = 7.55 days x 60,000 = ARS 453,000. * Severance and notice in lieu treated as outside the contribution base (Law 24.241 art. 7) (unconfirmed).

Reading the result. Scenario B costs ARS 7,156,268.57 (US$ 4,576) more. Of that, ARS 4,156,268.57 (US$ 2,658) is two more months of work, which the employer received; ARS 3,000,000 (US$ 1,918) is pure exit cost caused by letting probation lapse, two months of salary. Had the employer terminated on 30 April 2027, the last day of probation, it would have paid only accrued items.

Variants. * Mid month dismissal. If the month 7 dismissal took effect on 10 May 2027 instead, integration of the 21 remaining days would add 21 x (1,500,000 / 30) = ARS 1,050,000 (US$ 671) (unconfirmed). * Late registration. If the alta had been filed on 15 November with a 15 November start date, while the worker actually began on 1 November, probation would be waived (art. 92 bis). The month 5 termination would then cost Scenario A plus severance and notice: ARS 13,391,751.20 (US$ 8,563), before the unpaid contributions for the first two weeks, any ARCA penalty (unconfirmed) and a possible Law 25.212 fine of ARS 119,640 to 7,976,000 (US$ 77 to 5,100) depending on classification.

Example 2: a micro company using a 12 month probation under a collective agreement

Facts. A software services firm with 4 employees, covered by a collective agreement that (for this example) contains a clause extending probation to 12 months for companies with up to 5 workers, hires a fifth employee on 1 December 2026 at ARS 1,200,000 (US$ 767) per month. No real agreement in the project sources contains such a clause; the clause is assumed (unconfirmed). With the new hire the firm has 5 workers, inside the art. 92 bis(b) bracket. Probation runs to 30 November 2027. The employer terminates effective 30 September 2027 (end of month 10).

Step 1: is the extension valid? Yes on these facts: the extension is in a collective agreement (not the employment contract), the firm has no more than 5 workers, and 12 months does not exceed the ceiling (art. 92 bis(b)).

Step 2: what is owed on 30 September 2027. * September salary: ARS 1,200,000 (US$ 767). * Proportional SAC for July to September: 3 x 1,200,000 / 12 = ARS 300,000 (US$ 192) (art. 123). * Vacation indemnity for 2027: by September the worker has worked more than half of the year's working days, so the full 14 day entitlement applies (arts. 150, 151); proportional to the fraction of the year: 14 x 9/12 = 10.5 days x (1,200,000 / 25 = 48,000) = ARS 504,000 (US$ 322) (art. 156) (unconfirmed). The proportional 2026 leave is assumed taken in January 2027. * Total exit payment: ARS 2,004,000 (US$ 1,281). No severance, no notice, no integration.

Step 3: the same exit without the extension. Under the default 6 months, probation would have ended on 31 May 2027. A dismissal on 30 September 2027 (seniority 10 months, so one year for severance) adds severance ARS 1,200,000 and notice in lieu ARS 1,200,000: ARS 2,400,000 (US$ 1,535) more, for a total exit payment of ARS 4,404,000 (US$ 2,816).

Step 4: the headcount risk. Suppose the firm hires a sixth employee in March 2027. On a literal reading it is now a company "of 6 to 100 workers", for which the agreement can extend probation only to 8 months (to 31 July 2027). If that reading prevails, the September exit costs the extra ARS 2,400,000. The text does not say when headcount is measured, and no source resolves it (unconfirmed). Conservative practice: assume the bracket at the time of termination and decide before the shorter period ends.

Step 5: layering the RIFL. Suppose the new hire was a Monotributo registrant with no private sector employment in the 6 months before hiring (Decree 315/2026 art. 3) and the employer opts in at registration. * General regime: 18% x (1,200,000 minus 7,003.68) = ARS 214,739.34 (US$ 137) per month, less a further ARS 1,800 from the small payroll deduction (Law 27.541 art. 23, read as one deduction per employer) (unconfirmed). * RIFL: (2% + 3%) x 1,200,000 = ARS 60,000 (US$ 38) per month (Law 27.802 art. 159). * Saving: about ARS 154,739.34 (US$ 99) per month, ARS 1,547,393.40 (US$ 989) over the 10 monthly salaries, before SAC. Health insurance at 6% (ARS 72,000, US$ 46) is unchanged. * The trap: if the employer ends the relationship in probation and later wants the same person back, a rehire within 12 months is excluded from RIFL (art. 160), no second probation is available (art. 92 bis(i)), and seniority carries over if the gap is under 2 years (art. 18). Replacing the worker with another RIFL hire in the same post may be treated as "substitution of personnel", an abusive practice that triggers automatic exclusion and repayment of the saved contributions with interest (arts. 160(b) and 161; Decree 315/2026 art. 9), and as abusive probation under art. 92 bis(ii).

Example 3: the cost of a worker resigning in probation

Facts. The Example 1 supervisor resigns by digital telegram on 10 February 2027, effective the same day, without notice.

• Under art. 231(a), the worker's 15 day notice obligation has no probation exception in the text. If it applies, the worker owes a substitute indemnity of 15 days of pay: 15 x (1,500,000 / 30) = ARS 750,000 (US$ 480) (art. 232), which the employer might seek to offset against the final settlement (unconfirmed).
• Whatever the answer, the employer owes February days worked (10 x 50,000 = ARS 500,000, US$ 320), proportional SAC for January and 10 days of February ((1,500,000 + 500,000) / 12 = ARS 166,666.67, US$ 107) and vacation indemnity.

This is a genuinely unsettled point, so many employers simply waive the notice in writing.

Practical traps

1. Registration on the first morning is too late under ARCA rules. RG 2988 wants the alta by the day before. Under art. 92 bis an unregistered first day may be argued to waive probation. File the day before and keep the acknowledgement.
2. Wrong start date. Declaring a start date later than the real one is "deficient registration": it exposes the employer to the art. 55 presumption, contribution claims, Law 25.212 fines and, under art. 92 bis, loss of probation. Workers are told by law to report it (Law 24.013 art. 7 ter).
3. Paid trial days. A "trial day" or unpaid "training week" before the contract is still work under an employment relationship (LCT art. 23 presumption). If it is not registered, probation may be lost.
4. Counting the end date. Probation measured in months ends on the day before the monthly anniversary of the start date, on this page's reading. A termination communicated even one day late is a dismissal with severance and notice (Example 1). Communicate at least a few days early so that receipt is provable inside probation.
5. Proof of receipt. The notice is effective when received. A WhatsApp message or email may be contested. Use a channel that proves delivery (telegram, notarial letter, signed copy). Law 27.802 accepts digital telegrams for resignations (art. 240), which suggests the same channels are safe for employers (unconfirmed).
6. Pregnancy and maternity. The LCT presumes that a dismissal within 7.5 months before or after childbirth is due to pregnancy, if the worker gave notice of it, and imposes an extra indemnity of one year of pay on top of art. 245 (arts. 178 and 182). Art. 92 bis does not say whether these protections apply during probation, and art. 182 is drafted as cumulative with art. 245, which is not owed in probation. The interaction is not resolved in the sources and has been litigated (unconfirmed). Treat any termination of a pregnant worker in probation as high risk and document an unrelated reason.
7. Discrimination. A dismissal motivated by race, religion, nationality, ideology, union activity, sex or gender, sexual orientation, economic position, physical characteristics or disability triggers an aggravated indemnity of 50% (up to 100%) of the art. 245 amount, on judicial proof (art. 245 bis). How that is computed when the base indemnity is zero is unclear (unconfirmed). Law 25.212 also classifies discriminatory decisions as very serious infractions (Annex II art. 4(a)). "No reason needed" does not mean "any reason allowed".
8. Union candidates and delegates. Probation workers have union rights (art. 92 bis(iii)). Special union protections under Law 23.551 are not displaced by art. 92 bis (unconfirmed).
9. Second probation by stealth. Rehiring the same person through a related company, a staffing agency or after a gap does not reset probation. The text has no time limit (art. 92 bis(i)). Check the hiring history.
10. Rotating hires. Firing each new hire at month 5 and hiring the next for the same permanent job is the textbook abusive case (art. 92 bis(ii)) and, for RIFL hires, a "substitution of personnel" that cancels the incentive (Law 27.802 art. 160(b)).
11. Extension by individual contract. A clause in the offer letter giving 8 or 12 months is ineffective; only a collective agreement may extend (art. 92 bis). If the employer relies on such a clause, the default 6 months applies.
12. Wrong agreement bracket. The 12 month extension is only for companies with up to 5 workers. A company of 20 under an agreement clause written for micro firms gets at most 8 months, and only if the clause also covers that bracket (Example 2).
13. Sick leave at the end. If a probation worker falls ill and the employer terminates in probation, paid sick leave stops at the end of probation (art. 92 bis(v)). If the employer lets probation lapse while the worker is sick, the full art. 208 periods (3 months, or 6 with family responsibilities) run, and dismissal during that period costs the remaining sick pay on top of severance (art. 213).
14. Unemployment benefit. Law 24.013 art. 114 lists the situations of legal unemployment; termination during probation is not listed expressly, and item (a) refers to dismissal under art. 245, which does not apply in probation. Whether a worker dismissed in probation qualifies is unclear (unconfirmed). The 6 months of contributions in 3 years requirement (art. 113(c)) is often not met anyway.
15. Libro de Sueldos Digital confusion. Decree 407/2026 says no labor books are required, but RG 5250/2022 is still shown as in force. Until ARCA clarifies, keep using whatever ARCA payroll system it has notified you to use (unconfirmed).
16. Foreign hires. A foreign worker must hold a residence status that allows work before the alta; see Hiring foreigners. Probation does not change immigration rules.
17. Payslip format. Since Decree 407/2026 (BO 1 June 2026), payslips must follow the four section format and show the total labor cost summary, including for probationers (Annex I art. 5; model in Annex III) (unconfirmed).

Recent changes

• 21 December 2023: Decree 70/2023 art. 71 rewrote art. 92 bis to 8 months with notice under arts. 231 and 232. Superseded by Law 27.742 (unconfirmed).
• 9 July 2024: Law 27.742 art. 91 in force (day after BO of 8 July 2024): 6 months, extendable by agreement to 8 or 12 months by company size; registration from day one as a condition; worker fines of Laws 24.013 and 25.323 repealed (arts. 99 and 100).
• 26 September 2024: Decree 847/2024 (signed 25 September, in force on publication, art. 7): new art. 92 bis applies only to relationships started after Law 27.742 entered into force; registration in AFIP systems satisfies the art. 52 book; collaborator regime conditions.
• 6 March 2026: Law 27.802 in force on publication (art. 217): no employer notice during probation (art. 231(b)); ARCA registration sufficient (arts. 52 and 155); domestic staff 6 months (Law 26.844 art. 7); agricultural workers 8 months (Law 26.727 art. 16); fixed term early dismissal rule rewritten (art. 95); rehire seniority limited to 2 year gaps (art. 18); RIFL created.
• 4 May 2026: Decree 315/2026 opens the RIFL hiring window (1 May 2026 to 30 April 2027).
• 1 June 2026: Decree 407/2026: registration through ARCA alta and baja; no labor books; new payslip; temporary agency rules (Annex II).
• 1 September 2026 onward: new minimum wage steps (ARS 383,800 in September to ARS 406,400 in December 2026), which move the Law 25.212 fine ranges (CNEPYSMVM Res. 4/2026).
• 1 December 2026: FAL in force (Decree 1228/2026), with a 12 month waiting period; irrelevant to probation exits but part of the payroll cost of every new hire.

Pending changes

• ARCA implementation of Decree 407/2026: whether RG 2988 and RG 5250 will be amended to reflect the abolition of labor books (unconfirmed).
• Collaborator single quota: the unified monthly contribution promised by Law 27.742 art. 97 has not been located in the sources (unconfirmed).
• RIFL mechanics: the ARCA procedure for exercising the option and for automatic exclusions (Law 27.802 arts. 160 and 163; Decree 315/2026 arts. 7, 9, 10) (unconfirmed).
• PER regularization under Law 27.802 Title XXII: regulation and 180 day window (unconfirmed).
• Agreement renegotiations: Decree 407/2026 art. 4 deals with agreements under Law 27.802 art. 137 (renewal of agreements whose term has expired); renegotiated agreements may add or remove probation extensions, so check the current text of the applicable agreement (unconfirmed).
• Unsettled questions of law flagged on this page: worker notice in probation; headcount date for extensions; counting and suspension of the period; pregnancy protection in probation; discriminatory dismissal in probation; classification of probation abuse under Law 25.212; unemployment benefit after a probation exit.

FAQ

1. How long is the probation period in Argentina in 2026? Six months for an indefinite contract. A collective agreement may extend it to up to 8 months in companies with 6 to 100 workers, or up to 1 year in companies with up to 5 workers (LCT art. 92 bis). Domestic staff: 6 months. Permanent agricultural workers: 8 months (Law 26.727 art. 16, as amended in 2026).

2. Can I agree a longer probation in the employment contract? No. Only a collective agreement may extend probation, and only within the size brackets of art. 92 bis. A longer period in an individual contract does not bind the worker.

3. Do I have to give notice or pay severance to end a probation contract? No severance (art. 92 bis) and, since 6 March 2026, no employer notice and no integration of the month (arts. 231(b) and 233). You still pay days worked, proportional SAC and vacation.

4. Does the employee have to give notice to resign during probation? The text exempts only the employer. Article 231(a), 15 days for the worker, has no probation exception, so a literal reading says the worker still owes 15 days. This is unsettled (unconfirmed). See Example 3.

5. What happens if I register the worker a few days late? You are deemed to have waived probation (art. 92 bis, last paragraph). A termination in month 5 then costs severance and notice as if probation had ended (Example 1, variant), plus exposure to contribution claims, ARCA penalties and Law 25.212 fines. The worker fines of Laws 24.013 and 25.323 no longer exist.

6. What is the registration deadline exactly? For most workers, the ARCA alta must be filed up to the day before work starts; for activities in Annex I of RG 2988/2010, up to the moment work starts (art. 3). Hand the worker the acknowledgement within 48 hours (art. 21).

7. Do I still need a "Libro de Sueldos" or "Libro Especial"? Decree 407/2026 says employers are not required to keep labor books in physical or digital form and that the ARCA alta and baja satisfy art. 52. ARCA's RG 5250/2022 on Libro de Sueldos Digital still appears as in force. Keep pre existing books for 10 years (art. 52) and follow ARCA's notices until it clarifies (unconfirmed).

8. Are social security contributions lower during probation? No. Full employee and employer contributions apply (art. 92 bis(iv)). The only reduction available to new hires is the RIFL (2% plus 3% for 48 months, for eligible workers hired from 1 May 2026 to 30 April 2027).

9. Can I hire the same person on probation again later? No, never with the same employer; a second probation is deemed waived (art. 92 bis(i)). If the gap is under 2 years, previous seniority also counts (art. 18), and under 12 months the worker cannot be a RIFL hire (Law 27.802 art. 160).

10. Is it legal to let a probation worker go at month 5 and hire someone else for the same job? Once, for a genuine reason, yes. As a pattern, no: hiring different workers successively for the same permanent post is expressly abusive and sanctionable (art. 92 bis(ii)), and for RIFL hires it can cancel the incentive (art. 160(b)).

11. Is a probation worker covered for accidents and illness? Yes. Work accidents and occupational illness are covered by the ART from day one. Paid sick leave for non work illness applies, but ends with probation if the employer terminates during it (art. 92 bis(v)).

12. Does probation count for seniority? Yes, for all labor and social security purposes (art. 92 bis(vi)). A worker confirmed after probation has seniority from the start date.

13. Can I use a 6 month fixed term contract instead of probation? Only if the job is genuinely temporary. Fixed terms must be agreed in writing or justified by the nature of the work, need 1 to 2 months' notice before expiry if longer than a month, and an early dismissal costs indemnities computed to the end of the term (LCT arts. 90, 94, 95). For a permanent job, the law presumes an indefinite contract and probation is the correct tool.

14. Does a pregnant employee lose protection during probation? The sources do not resolve it. The maternity presumption and indemnity (arts. 178 and 182) are not excluded by art. 92 bis, and art. 182 is cumulative with severance, which is not owed in probation. Treat it as high risk and take advice (unconfirmed).

15. Does the FAL cover probation exits? No. The FAL only covers workers registered at least 12 months before termination, and there is no severance in probation. Contributions for probationers still go into the employer's fund from 1 December 2026.

16. Can a micro business avoid employment altogether with the "independent worker with collaborators" regime? Only for genuinely autonomous arrangements: up to 3 collaborators, all registered as self employed, free to work for others, with no dependence. It cannot replace an employment relationship (Law 27.742 art. 97; Decree 847/2024 Annex II art. 24). See Contractors and platform work.

Primary sources

• LCT, Law 20.744 (t.o. 1976), Infoleg updated text including Laws 27.742 and 27.802: arts. 2, 18, 23, 52, 53, 55, 80, 90 to 99, 121 to 123, 128, 150 to 156, 178, 182, 208, 212, 213,
• Law 27.742 (Bases Law), BO 8 July 2024: arts. 82 to 100.
• Decree 847/2024, signed 25 September 2024, BO 26 September 2024: Annex II arts. 1, 4, 24.
• Law 27.802 (Labor Modernization Law), sanctioned 27 February 2026, BO 6 March 2026: arts. 1, 9, 20 to 22, 25, 27 to 29
• Decree 407/2026, dated 29 May 2026, BO 1 June 2026: arts. 1, 2, 23; Annex I arts. 1, 2, 3, 5.
• Decree 408/2026, BO 1 June 2026
• Law 24.013 (Employment), Infoleg updated text: arts. 7 to 18, 68 to 74, 113, 114, 120.
• Law 25.212 (Pacto Federal del Trabajo), Annex II as amended by Law 26.941: arts. 1 to 6.
• AFIP General Resolution 2988/2010, BO 9 December 2010, Simplificación Registral: arts. 1 to 5, 10, 17, 18, 21, 22, 24, 25.
• AFIP General Resolution 5250/2022, BO 17 August 2022, Libro de Sueldos Digital: arts. 1 to 4.
• AFIP General Resolution 3781/2015, BO 30 June 2015, abrogated by RG 5250/2022.
• Law 27.541, arts. 19, 22, 23.
• Law 24.241, arts. 7, 9, 11.
• Law 23.660, art. 16.

Related pages

• How long is the probation period in Argentina?
• Labor: current framework
• Employment contracts and severance under the 2026 labor reform
• Collective bargaining agreements and unions in Argentina
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• Social security totalisation agreements in Argentina: which countries, what they cover, and how to claim
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