Argentina: Contracts of employment

Original and updating authors: Daniel Orlansky and Felipe Graham, Baker & McKenzie

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Summary

• Where an individual provides services to another party in return for remuneration, an employment contract is presumed to exist, except where the circumstances and facts demonstrate otherwise. (See General)
• The first three months of an open-ended employment contract are considered to be a probationary period, unless otherwise agreed by the parties. (See Probationary periods)
• The general rule is that employment contracts are open ended, although fixed-term and "contingency" contracts may be used in certain circumstances, while specific contracts apply in relation to, for example, seasonal work. (See Types of contract)
• There is no general requirement that employment contracts must be in writing (with the exception of fixed-term contracts), and the employer is not obliged to provide an employee with a written statement of the terms of employment. (See Written statement of terms of employment)
• The employer has a limited right to change unilaterally some non-essential terms of employment, but essential terms cannot be varied to the employee's detriment even by agreement with the employee. (See Variation of contract)