How long is the probation period in Argentina?

Last verified: 27 Oct 2026 · Status: Changing

Short answer. Six months for any employee on an indefinite contract. Only a collective agreement can extend it: up to 8 months in companies with 6 to 100 workers, up to 1 year with up to 5. Either side may end it without cause or severance, and since 6 March 2026 the employer owes no notice. Unregistered workers get no probation.

As of 26 Oct 2026. Rules in force at that date.

Key rules

Length. An indefinite employment contract "is deemed to be on probation during its first six (6) months". A collective agreement may extend this to up to 8 months in companies with 6 to 100 workers and up to 1 year in companies with up to 5 workers (Labor Contract Law 20.744, art. 92 bis, as replaced by Law 27.742, art. 91, BO 8 July 2024). It applies to relationships started after Law 27.742 entered into force (Decree 847/2024, Annex II, art. 4).
2026 reform (in force). The Labor Modernization Law, Law 27.802 (BO 6 March 2026, in force on publication, art. 217), did not change art. 92 bis. It removed the employer's notice duty during probation (art. 48, new last paragraph of LCT art. 231(b)), set 6 months for domestic staff (art. 107) and 8 months for permanent continuous agricultural workers (art. 113). The only injunction in the sources concerns arts. 131 and 133, not these articles (unconfirmed).
Ending it. Either party may end the relationship "without stating a cause, without the right to an indemnity" (art. 92 bis). No employer notice (art. 231(b)) and no integration of the month of dismissal (art. 233). Accrued pay is still owed: days worked, proportional 13th month salary or SAC (art. 123) and proportional vacation (arts. 153, 155, 156), within 4 business days (arts. 128, 255 bis).
Registration is the 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). ARCA's alta is due by the day before work starts for most activities (AFIP RG 2988/2010, art. 3).
Full contributions. Employee and employer social security contributions are due in full during probation (art. 92 bis(iv)).
Abuse rules. An employer may use probation once per worker; a second use is deemed waived (art. 92 bis(i)). Hiring different workers in succession for the same permanent post is abusive and sanctionable under the labor infraction regimes (art. 92 bis(ii)).

What changes the answer

Collective agreement and headcount. Only an agreement clause gives 8 or 12 months, and only within its size bracket. The law does not say when headcount is measured (unconfirmed).
Special statutes. Domestic staff: 6 months. Permanent agricultural workers: 8 months (Law 27.802 arts. 107, 113).
Contract type. Probation applies to indefinite contracts only (art. 92 bis).
Prior service. A worker you employed before cannot be put on probation again (art. 92 bis(i)).

Worked examples

An SME with 30 staff (18% employer rate) hires an analyst from 1 July 2026 at ARS 1,800,000 a month, registered with ARCA on 30 June. No extension applies. In month 4 the employer ends the relationship in writing, effective 31 October 2026. Pesos are converted at the dólar MEP rate of ARS 1,563.90 per US$ on 23 Oct 2026 given in some secondary summaries (unconfirmed) (see /data/mep/).

Item	Time	Cost ARS	Cost USD
October salary	Within 4 business days	1,800,000.00	1,151
Proportional SAC (Jul to Oct)	Same	600,000.00	384
Vacation indemnity (4.4 days)	Same	316,800.00	203
Gross owed to the worker		2,716,400.00	1,737
Employer contributions 18% on salary	Next F. 931	322,739.34	206
Employer contributions 18% on SAC	Next F. 931	107,579.78	69
Health insurance 6% (salary and SAC)	Next F. 931	144,000.00	92
Severance, notice, integration	n/a	0	0
Total employer cash at exit		3,290,719.12	2,104

Step by step:

SAC: 4 months x 1,800,000 / 12 = ARS 600,000 (art. 123).
Vacation: below the art. 151 minimum, leave accrues at 1 day per 20 days worked (art. 153). Counting 88 weekdays from July to October and ignoring holidays (unconfirmed): 88 / 20 = 4.4 days x (1,800,000 / 25 = 72,000) = ARS 316,800 (arts. 155(a), 156).
Employer contributions: 18% x (1,800,000 minus 7,003.68) = ARS 322,739.34; on SAC, 18% x (600,000 minus 2,334.56, the deduction halved and prorated for 4 of 6 months) = ARS 107,579.78 (Law 27.541, arts. 19(b) and 22). Health insurance 6% x 2,400,000 = ARS 144,000 (Law 23.660, art. 16). The vacation indemnity is left outside the base because Law 24.241 art. 7 excludes it from remuneration, although Law 27.541 art. 22 mentions a prorated deduction for unused vacation (unconfirmed). ART premium not included (unconfirmed).
The worker nets 2,716,400 minus 17% of 2,400,000 (11% pension, 3% PAMI, 3% health) = ARS 2,308,400 (US$ 1,476), before income tax and union dues.

Cost to do it: ARS 0 in government fees, no capital, about 4 business days to pay. The exit itself costs nothing beyond accrued pay. Had the alta been filed late, probation would be waived and the same exit would add at least 1 month of severance (art. 245) and 1 month of notice in lieu (arts. 231(b), 232): ARS 3,600,000 (US$ 2,302) more.

Practical traps

Missing the end date by a day. A termination effective after month 6 is a dismissal with severance and notice. Give written notice early enough to prove receipt inside probation.
Late ARCA alta. Registering after the start date waives probation (art. 92 bis). File by the day before work starts (RG 2988 art. 3(b)).
Rotating hires. Replacing probationers one after another in the same permanent post is expressly abusive (art. 92 bis(ii)).

FAQ

Can the employment contract set a longer probation? No. Only a collective agreement may extend it, within the art. 92 bis brackets.

Does the employee have to give notice to resign during probation? Unclear. The exemption sits only in art. 231(b), the employer paragraph; art. 231(a) (15 days by the worker) has none. The sources contain no ruling on it (unconfirmed).

Is a probationer covered for illness and accidents? Yes. Work accidents are covered from day one; paid sick leave for non work illness ends with probation if the employer terminates (art. 92 bis(v)).

Did employers owe notice before March 2026? The earlier wording of art. 231 is not reproduced in the sources (unconfirmed). Since 6 March 2026, none is owed.

Published 27 Oct 2026 from our research draft. Points marked (unconfirmed) have not yet been checked against the official text; rely on the primary sources linked below.