Trial Period Work Contract – Info On Legalities, Consequences, Choices

First of all, the trial period – periodo de prueba – is valid for both contract parties, so both employer and employee.

For info about giving notice or being given notice, this FAQs from our webiste.

You do not have the right to any indemnization when the contract is ended during the trial period, you do have the right to get paid for all the days and hours worked, even if your employer is of the opinion you have not performed well.

When you quit your job during the trial period, you are not in a legal situation of unemployment, and therefore cannot claim unemployment benefits. The time you worked does contribute towards your ´work history´ that determines your right to unemployment benefits for future claims. Naturally, you do have the right to get paid for the time worked, but it is essential that you can present workcontract and ´alta´ and ´baja´ date to the Seguridad Social in case your employer is not fully forthcoming in this respect.

The maximum duration of the trial period is determined by convenio, even if the contract mentions a longer one.

There is one exception, if you have an indefinite contract, as determined under the ´reforma laboral´from 2012 (only for companies of less than 50 employees). Those have a trial period of 12 months, overruling the relevant convenio, until the ´paro´ percentage, nationwide, drops below 15%. Even when you are let go after 11 months, 29 days, you still have no right to indemnization (redundancy) which, for temporary contracts, would amount to 8 or 9 days/year. A simple letter informing you that you haven´t passed the trial period, is enough. As it is no official dismissal, there is also no legal protection for pregnant women or those on reduced hours for example. These indefinite contracts are commonly known as ´Rajoy contracts´ or temporary contracts in disguise and only offer advantages for the employer, not for the employee.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.