What are the probation period rules for workers in Spain?
Understanding labour laws in a new country can be confusing and it can be tricky to understand what’s normal and what is particular to your company. Here's what you have to know about trial periods for contract workers in Spain.
When you start a new job in Spain, it’s typical that you will begin with a trial or probationary period so your new employer can see how you adapt to the position, ensure that they’ve made the right decision and make sure that you’re happy in your new role too.
What is a probationary period?
It's basically like a trial period when you and your employer can both test each other out. At the end of the trial, the human resources department will decide if you are suitable for longer-term employment or not.
During this time you can also decide if the job is right for you and if the advertised position is the same as what you expected.
READ ALSO: What are the types of work contracts in Spain and which one is best?
How long is the probationary period?
The length of your trial period will typically depend on the type of position, the size of the company and the amount of experience you have, but there is a maximum amount of time that it's allowed to be.
- If you have a temporary contract of less than 6 months, the probationary period can’t be longer than one month, as long as the company’s collective agreement doesn’t say otherwise.
- If it’s for a technical position for someone with specific qualifications, the maximum period will be six months.
- For all other workers, it will be two months.
- If you’re working for a company with less than 25 employees who are not qualified technicians, the trial will be for three months.
If in doubt, it should state in your contract how long the trial should be.
READ ALSO: What to be aware of before accepting a part-time job in Spain
What are my rights during my probationary period?
Your duties and rights during the probationary period should be the same as any other employee at the company.
The only right you can’t benefit from is any redundancy pay in case of termination of the contract.
You will be able to be paid your salary, the same as any other worker and benefit from vacation days owed.
You must remember that you are expected to act like any other member of staff in the company and that just because you’re on probation doesn’t mean the position is flexible and you can choose when you work.
READ ALSO: How long can I take off sick from work in Spain without needing a doctor’s note?
What rights does my employer have during this time?
Both the employee and the employer have the right to terminate the employment relationship without having to give prior notice, and as mentioned above you won’t be entitled to compensation.
During this period, the human resources department has the opportunity to let you know how you can improve and identify any areas you may need extra training in.
Will I be paid for all trial days worked?
By law all days worked must be paid. This is the case even in the event of termination by either party. The HR department will be responsible for calculating the corresponding remuneration associated with the time worked.
What are the reasons that a trial period can be interrupted?
There are several reasons why this time may be interrupted. This is the case for:
Gender violence, birth, adoption, fostering, temporary disability during at-risk pregnancies and those who have to breastfeed under special circumstances.
When the interruption is over, the trial period may continue if both parties agree.
Can the period come to an end earlier than agreed?
Yes, both the employee and the employer can decide to terminate the contract earlier than expected if they have a good reason.
What happens if I don’t agree to the end of a probationary period?
In situations where there is disagreement about the termination of the contract due to not passing the trial period, a period of 20 business days is established for you to file a claim. The first day is counted as the day following the date contained in the dismissal letter.
If an agreement is not reached, the matter will be escalated to the relevant authorities.
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When you start a new job in Spain, it’s typical that you will begin with a trial or probationary period so your new employer can see how you adapt to the position, ensure that they’ve made the right decision and make sure that you’re happy in your new role too.
What is a probationary period?
It's basically like a trial period when you and your employer can both test each other out. At the end of the trial, the human resources department will decide if you are suitable for longer-term employment or not.
During this time you can also decide if the job is right for you and if the advertised position is the same as what you expected.
READ ALSO: What are the types of work contracts in Spain and which one is best?
How long is the probationary period?
The length of your trial period will typically depend on the type of position, the size of the company and the amount of experience you have, but there is a maximum amount of time that it's allowed to be.
- If you have a temporary contract of less than 6 months, the probationary period can’t be longer than one month, as long as the company’s collective agreement doesn’t say otherwise.
- If it’s for a technical position for someone with specific qualifications, the maximum period will be six months.
- For all other workers, it will be two months.
- If you’re working for a company with less than 25 employees who are not qualified technicians, the trial will be for three months.
If in doubt, it should state in your contract how long the trial should be.
READ ALSO: What to be aware of before accepting a part-time job in Spain
What are my rights during my probationary period?
Your duties and rights during the probationary period should be the same as any other employee at the company.
The only right you can’t benefit from is any redundancy pay in case of termination of the contract.
You will be able to be paid your salary, the same as any other worker and benefit from vacation days owed.
You must remember that you are expected to act like any other member of staff in the company and that just because you’re on probation doesn’t mean the position is flexible and you can choose when you work.
READ ALSO: How long can I take off sick from work in Spain without needing a doctor’s note?
What rights does my employer have during this time?
Both the employee and the employer have the right to terminate the employment relationship without having to give prior notice, and as mentioned above you won’t be entitled to compensation.
During this period, the human resources department has the opportunity to let you know how you can improve and identify any areas you may need extra training in.
Will I be paid for all trial days worked?
By law all days worked must be paid. This is the case even in the event of termination by either party. The HR department will be responsible for calculating the corresponding remuneration associated with the time worked.
What are the reasons that a trial period can be interrupted?
There are several reasons why this time may be interrupted. This is the case for:
Gender violence, birth, adoption, fostering, temporary disability during at-risk pregnancies and those who have to breastfeed under special circumstances.
When the interruption is over, the trial period may continue if both parties agree.
Can the period come to an end earlier than agreed?
Yes, both the employee and the employer can decide to terminate the contract earlier than expected if they have a good reason.
What happens if I don’t agree to the end of a probationary period?
In situations where there is disagreement about the termination of the contract due to not passing the trial period, a period of 20 business days is established for you to file a claim. The first day is counted as the day following the date contained in the dismissal letter.
If an agreement is not reached, the matter will be escalated to the relevant authorities.
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