The trial period is the period agreed upon by the employee and the employer at the beginning of the employment relationship during which either party may terminate the employment relationship without notice, without giving any reason and without the right to compensation.
The trial period is the period agreed upon by the employee and the employer at the beginning of the employment relationship during which either of the two parties may terminate the employment relationship without prior notice, without the need to allege any cause and without the right to compensation.
As you may already know, the trial period is the agreement established in writing in the employment contract during which both the employer and the employee may terminate the employment relationship without the need to justify the cause, without giving any notice and without the right to compensation.
In other words, it is a period for both parties to verify whether the expectations they had in the employment relationship are fulfilled.
It is not a type of contract, there is no “trial contract” but it is a clause or agreement that is usually included in any type of contract.
After the labor reform carried out in December 2021, alternating training contracts (former contracts for training and apprenticeship) do not have a trial period, and internship contracts have a maximum of one month.
What should you know about the probationary period?
- Its establishment is optional and if it is agreed upon, it must be established in writing in the contract.
If the contract does not say anything or refer to any rule, there will be no trial period, even if the agreement establishes it.
- Its maximum duration shall be established in the collective bargaining agreements and, failing that, the duration may not exceed:
- Six months for qualified technicians.
- Two months for the rest of the workers.
When setting the duration of the probationary period, it is advisable to clearly indicate the start and end dates (for example, from March 1 to March 15, instead of using formulas such as “the probationary period will last 15 days”. This will avoid possible disputes in the event of a claim by the employee as to when the 15 days are considered to begin and end).
- In companies with less than 25 workers, the trial period may not exceed three months for workers who are not qualified technicians.
- In the case of temporary fixed-term contracts under Article 15 of the Workers’ Statute entered for a period not exceeding six months, the trial period may not exceed one month, unless otherwise provided for in the collective bargaining agreement.
The employer and the employee are respectively obliged to carry out the experiences that constitute the object of the test. The agreement that establishes a trial period will be null and void when the worker has already performed the same functions previously in the company, under any type of contract.
- During the trial period, the employee will have the same rights and obligations corresponding to the position he/she holds as if he/she were a permanent employee, except for those derived from the termination of the employment relationship, which may occur at the request of either party during the trial period.
- During this period the employment relationship may be terminated at the will of either party without giving any cause and without notice, unless otherwise agreed. The termination at the request of the employer will be null and void in the case of female employees due to pregnancy, from the date of the beginning of the pregnancy until the beginning of the suspension period referred to in Article 48.4 of the TE, or maternity, unless there are reasons unrelated to pregnancy or maternity.
- The trial period is computed for seniority purposes.
- The situation of temporary disability, birth, adoption, guardianship for adoption purposes, foster care, risk during pregnancy, risk during breastfeeding and gender violence, which affect the worker during the trial period, interrupt the computation of the trial period, if this occurs by agreement between the parties.
- Some special labor relations contemplate in their regulation’s specific maximum durations of the trial period, such as for example that of the personnel in the service of the family home (2 months), that of senior management personnel (9 months) or that of professional sportsmen and women (3 months).
For further information, please contact labor consulting.
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