Severance and Settlement Rights During the Probationary Period
Dismissal during the 6-month probationary period does not trigger Art. 245 severance, but the employer must pay 15 days notice pay, wages earned, prorated bonus, and accrued vacation.
Were you dismissed during your probationary period?
Have your settlement audited by Dr. Guillermo Conti to ensure full payment of notice and vacation pay:
Essential Legal Distinctions
- Probation does NOT eliminate Notice Pay: Employers must give 15 days advance notice or pay half a month's salary in lieu.
- Off-the-books work invalidates probation: Unregistered work gives rise to full statutory seniority severance under Art. 245 LCT.
- Workers comp is fully active from Day 1: Workplace injuries during probation are 100% covered under ART law.
1. Statutory Framework of the Probationary Period (Art. 92 bis LCT)
Under Article 92 bis of the Employment Contracts Act, open-ended employment contracts carry a six-month probationary period. During this window, either party may terminate the relationship without cause and without triggering seniority severance under Article 245 LCT.
2. Mandatory Settlement Items upon Probationary Dismissal
Even though seniority severance is excluded, the employer remains strictly obligated to pay:
- Days worked in the termination month.
- 15 days pay in lieu of notice if statutory notice was omitted.
- Prorated Statutory Annual Bonus (SAC) on days worked and on notice pay.
- Prorated accrued vacation pay calculated with the statutory 25-day divisor.
3. Forfeiture of Probation Rights for Off-the-Books Employment
An employer forfeits all probationary protections if the employee was not registered with tax authorities from the very first day. Unregistered work nullifies probation and entitles the employee to full seniority severance under Article 245 LCT.
Frequently Asked Questions
Is seniority severance payable during probation?
No, Article 245 severance is excluded unless the employee was employed off the books or registered with a false start date.
How much advance notice is required during probation?
15 days written advance notice is required. If omitted, 15 days pay in lieu of notice must be disbursed.
What if the company registered me weeks after I started?
The employer forfeits probationary defenses, and dismissal is treated as fully unjustified under Article 245 LCT.
Are workers covered by ART workers comp during probation?
Yes. Statutory injury and occupational disease coverage is 100% active from day one.