{"id":224953,"date":"2024-08-13T12:08:29","date_gmt":"2024-08-13T15:08:29","guid":{"rendered":"https:\/\/cspabogados.com.ar\/?p=224953"},"modified":"2026-08-19T13:12:24","modified_gmt":"2026-08-19T16:12:24","slug":"probationary-period-in-argentina","status":"publish","type":"post","link":"https:\/\/cspabogados.com.ar\/en\/probationary-period-in-argentina\/","title":{"rendered":"What is the probationary period in Argentina? What is the maternity leave in Argentina? Changes introduced by the Ley Bases"},"content":{"rendered":"

What is the probationary period in Argentina? What is the maternity leave in Argentina? Changes introduced by the Ley Bases<\/h1>

by Mario Eduardo Castro Sammartino<\/a><\/span> | 13 Aug 2024<\/span><\/p><\/div><\/div><\/div>

1) Probationary period in Argentina<\/strong><\/h2>\n

The probationary period in Argentina has been substantially modified by the labor reform introduced by the Ley Bases<\/em>.<\/p>\n

The labor reform in Argentina through the Ley Bases sets the new probationary period at six months (compared to the previous period of only three months), providing a longer onboarding period to assess and allow the new employee to acquire the knowledge, skills, and behaviors necessary to become an effective member of the organization or not.<\/p>\n

The probationary period may be extended by collective agreements:<\/p>\n

a) up to eight months in companies with between 6 and 100 employees; and<\/p>\n

b) up to one year in companies with up to 5 workers (Article 91 of the Ley Bases<\/em>, which replaces Article 92 bis of the Employment Contract Law).<\/p>\n

2) Maternity leave in Argentina<\/strong><\/h2>\n

The labor reform in Argentina through the Ley Bases<\/em> includes pregnant persons[1]<\/span><\/a> in the provisions on maternity leave and job retention.<\/p>\n

In addition, the Ley Bases<\/em> modifies the duration of the pre-pregnancy leave, making it possible to reduce it to a minimum of ten days.<\/p>\n

Likewise, the Ley Bases<\/em> guarantees every woman or pregnant person during pregnancy the right to job stability, which has the character of an acquired right from the moment she notifies the employer of her pregnancy.<\/p>\n

Finally, if the pregnant woman is absent from work for a prolonged period as a result of an illness which, according to a medical certificate, is due to pregnancy or childbirth, and if she is unable to resume work at the end of that period, the woman is entitled to the benefits provided for in the general system of paid sick leave under article 208 of the Employment Contract Law (article 93 of the Ley Bases<\/em>, which replaces article 177 of the Employment Contract Law).<\/p>\n

3) Labor reform in Argentina<\/strong><\/h2>\n

If you are interested in an overview of the new labor reform in Argentina introduced by the so-called\u00a0Ley Bases<\/em>, you can read the following article in our Legal Blog:\u00a0Significant labor reform in Argentina: what can\u2019t companies ignore about the Ley Bases?<\/a><\/p>\n

If you want to know about the opportunity and benefits provided by the Bases Law to regularize labor relations and the repeal of the astronomical fines that weighed on companies, visit the following post of our Legal Blog:\u00a0Regularization of labor relations in Argentina by the \u201cLey Bases\u201d. Repeal of labor fines<\/a>.<\/p>\n

For the new possibility of having \u201cindependent workers\u201d, see our report:\u00a0Self-employed workers in the Ley Bases of Argentina: who is included, who is not, and which presumptions apply<\/a>.<\/p>\n

About the possibility of outsourcing workers in Argentina, reading the following publication will give you the basics:\u00a0<\/span>Outsourcing of workers in Argentina: what happens when employees are hired and placed at the service of other companies under the Ley Bases?<\/a><\/p>\n

Should you want a complimentary full report on the labor reform in Argentina by the\u00a0Ley Bases<\/em>\u00a0in PDF format specially prepared by our firm, please,\u00a0<\/span>contact us<\/a>.<\/p>\n

4) New investment promotion regime in Argentina: the so-called \u201cRIGI\u201d<\/strong><\/h2>\n

For an introduction to the new investment promotion regime created by the\u00a0Ley Bases<\/em>, we invite you to read our article:\u00a0New investments promotion in Argentina: the so-called \u201cRIGI\u201d<\/a>.<\/p>\n

If you wish to know who qualifies for the RIGI, you can read the following post of our Legal Blog:\u00a0Who qualifies for the Large Investments Regime in Argentina?<\/a><\/p>\n

Should you want to learn about the significant benefits for foreign investors that the RIGI brings, please, find the basics here:\u00a0<\/span>What are the benefits for investors in Argentina under the RIGI<\/a>?<\/p>\n

Regarding the inclusion of active participation in blockades or occupation of establishments as just cause for firing employees and the regulation of discriminatory dismissal, please refer to our Legal Blog: The new rules on dismissal in Argentina under the Ley Bases: what does it say about dismissal with just cause and discriminatory dismissal?<\/a><\/p>\n

\u00a0If you would like a complimentary full report in PDF format specially prepared by our firm about the RIGI\u00a0<\/span>contact us<\/a>.<\/p>\n

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Mario E. Castro Sammartino\u00a0<\/p>\n

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[1]<\/span><\/a> The term \"pregnant person\" (in Spanish, persona gestante<\/em>) does not exist in the Civil and Commercial Code of the Nation. Law No. 27,610 on Access to Voluntary Termination of Pregnancy refers to \"pregnant persons\" as \"...persons with different gender identities who can become pregnant...\". This would be the case for pregnant women who do not identify themselves as such.<\/span><\/p>\n

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For additional information on these or any other issues related to doing business in Argentina, please,\u00a0sign up<\/a>\u00a0for our Legal Blog or\u00a0contact us<\/a>\u00a0at any time.\u00a0Our publications exclusively express the\u00a0author\u00b4s opinion and do not purport to be legal counsel on any case. Should\u00a0you need it, you must consult with your trusted lawyer.\u200b<\/p>\n

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