Periodo de prueba, meaning "trial period" or "probationary period," is an initial phase of employment during which the employer can evaluate the employee's suitability and either party can terminate the relationship with simplified procedures. Most Latin American countries define specific maximum durations and rules for probation in their labor codes.
Duration by Country
Argentina allows 3 months of probation (not renewable). Chile has no formal probationary period by law, but employers can use fixed-term contracts for trial purposes. Colombia allows 2 months for indefinite contracts. Mexico allows 30 days for most positions, up to 180 days for managerial or specialized roles. Peru allows 3 months (extendable to 6 months for skilled workers and 12 months for management). Brazil allows 90 days (45 + 45 day extension).
Termination During Probation
During probation, employers can generally terminate without severance, though they must still pay accrued salary, proportional vacation, and proportional 13th salary or aguinaldo. In Argentina, no notice is required during the first 30 days, after which 15 days' notice applies. The employee retains all other labor rights during probation, including social security coverage and workplace protections.
EOR Relevance
An EOR ensures probation clauses comply with local law maximums, tracks probation end dates, and advises on the termination process if the employee is not confirmed. This is important because exceeding the legal probation limit automatically converts the employee to regular status with full severance protections.