Notice period

In Argentina, the notice period required to terminate an employment contract varies based on the employee's tenure with the employer. During the probationary period, employers and employees must provide 15 days' notice. For employees who have completed the probationary period but have less than five years of tenure, the notice period extends to one month. Employees with five or more years of service are entitled to two months' notice before termination. These notice periods are established under Article 232 of the Argentine Labor Code (Ley de Contrato de Trabajo, or LCT), which governs employment relationships throughout the country.

The LCT permits payment in lieu of notice as an alternative to the statutory notice period. This means employers may choose to compensate employees for the notice period rather than requiring them to work through it, provided the payment covers the full wages and benefits the employee would have earned during that time. The calculation of notice periods begins from the date the notice is formally communicated to the employee.

Payroll and human resources teams managing Argentine operations must carefully track employee tenure to apply the correct notice period when initiating terminations. Employers should document all notice communications in writing and maintain records of tenure calculations to ensure compliance with LCT requirements. When electing payment in lieu of notice, employers must ensure calculations include all applicable wages, bonuses, and benefits accrued through the notice period end date. Failure to observe proper notice periods or provide appropriate compensation may result in additional severance obligations and legal liability.