The trial period (período de prueba) and what it risks

Terms used

• Período de prueba — The período de prueba is the opening period of a job when either side can end the contract with little protection.
• Convenio — The convenio is the collective agreement for your sector or company, setting pay, hours and often trial period limits.
• Finiquito — The finiquito is the final payment of pay and holiday you are owed when a job ends.
• Nulo — Nulo means legally void: an ending that is null must be reversed, with reinstatement and back pay.

Key rules

• Trial period length: Unless your convenio says otherwise, the limit is 6 months for qualified technicians and 2 months for other workers.
• In writing: The trial period only counts if it is written in your contract.
• Same job before: A trial period is void if you already did the same job for the same employer.
• Ending: Either side can end the contract without notice, reason or severance, unless your contract or convenio says otherwise.
• Resigning: If you resign during the trial period, you cannot claim unemployment benefit.

The short version

During the período de prueba, your employer can end your contract at any time, without a reason and without severance. You can do the same. That makes the first months the most fragile part of a job. The limits below are real, but they are narrow, so prepare early.

How long can it last?

Unless your collective agreement (convenio) says otherwise, the trial period is at most 6 months for qualified technicians and 2 months for other workers. Your convenio can set different limits, so check it first.

Two more limits matter:

• In companies with fewer than 25 workers, non-technicians can have up to 3 months.
• On fixed-term contracts of up to 6 months, the maximum is 1 month unless the convenio says otherwise.

What must be in place

The trial period only counts if it is agreed in writing in your contract. A verbal promise is not enough, and it is hard to prove. If your employer suggests something verbal about the trial period or pay, ask for it in writing.

It is also void if you have already done the same job for the same company under any type of contract. A new trial period for the same role is not allowed.

What your employer can and cannot do

Your employer can end the contract without notice and without giving a reason, unless your contract or convenio sets a notice period or another condition. The law does not require the decision to be in writing. A written notice is still useful proof, so ask for one.

The ending can still be unlawful if it:

• is discriminatory or violates your fundamental rights;
• is an abuse or a fraud, for example an excessive trial period or one for a role you already did.

An unlawful ending is treated as a dismissal. If it is linked to pregnancy, maternity or other discrimination, it is null (nulo). That means reinstatement and back pay.

Sick leave, maternity and other pauses

Sick leave, maternity or paternity leave, pregnancy risk and adoption only pause the trial period if you and your employer agreed that in the contract or convenio. Otherwise the clock keeps running while you are away. Check your contract for this.

What you are owed if it ends

• Pay and holiday. You are owed pay and holiday accrued up to your last day. This final payment is the finiquito.
• Unemployment benefit. If your employer ends the contract, you can claim benefit if you have enough contributions, generally 360 days in the last 6 years. If you resign during the trial period, you get no benefit.

Because deadlines to challenge an ending are short, contact a union or a labour lawyer quickly if you think it was unlawful.

How to prepare

Keep a signed copy of your contract. Confirm that your convenio, category, salary and hours are in it. Check early that your employer has registered you with Social Security. Keep your payslips and your own notes of tasks, instructions, hours and messages. Put some savings aside in case the contract ends early. The checklist, documents list and timeline below give the steps in order.

Timeline and deadlines

• Get the trial period agreed in writing in your contract: before you start work

• Check the maximum length: 6 months for qualified technicians and 2 months for other workers unless your collective agreement says otherwise; fixed-term contracts of up to 6 months allow 1 month: before you sign

• Check your registration with Social Security through your work-history report or Import@ss: in your first weeks

• Keep every payslip and compare it with your contract: every month during the trial period

• Keep records of tasks, instructions, hours and messages: throughout the trial period

• Collect the pay and holiday owed up to your last day (finiquito): when the contract ends

• Claim unemployment benefit if your employer ended the contract and you have at least 360 days of contributions in the last 6 years: after the employer ends the contract

• Contact a union or labour lawyer if you think the ending was unlawful: as soon as it happens, because deadlines are short

Documents you need

• Your written employment contract, signed by both sides, with the trial period clause in it. Keep your own signed copy.

• Every payslip your employer issues, so you can compare each one with the salary, category and hours in your contract.

• A work-history report (vida laboral) from Social Security, or the same information from the Import@ss service, to confirm you were registered.

• Written notice from your employer if they end the contract. The law does not require it, but it is useful proof.

• Your own records of tasks, instructions, hours and messages from your employer.

Checklist

• Get a written contract and keep a signed copy.

• Confirm the collective agreement (convenio), your job category, salary and working hours in the contract.

• Check that the trial period is written in the contract and that its length fits your collective agreement.

• Check your registration with Social Security early, through your work-history report or Import@ss.

• Keep every payslip and compare it with your contract.

• Write down your tasks, instructions and hours, and save messages from your employer.

• Refuse to agree anything verbal about the trial period or pay, and ask for it in writing.

• Find out whether you have the contributions needed for unemployment benefit, generally 360 days.

• Contact a union or labour lawyer quickly if something goes wrong.

What to watch out for

• Your employer can end the contract with no notice: During the trial period, your employer can end the contract without notice, without a reason and without severance, unless your collective agreement or contract sets a condition. You are owed only your pay and holiday up to your last day (finiquito). Read the notice terms in your contract and collective agreement, and keep some savings in case it ends early.

• An unlawful ending is treated as a dismissal: A discriminatory ending, one that violates your fundamental rights, or a trial period that is abusive or applied to a job you already did can be unlawful. It is then treated as a dismissal. Keep your contract, payslips and records, and contact a union or labour lawyer quickly, because deadlines are short.

• Ending the contract because of pregnancy is void: If you are dismissed because of pregnancy, maternity or other discrimination, the ending is null (nulo), with reinstatement and back pay. It will not be fixed unless you challenge it. Get legal advice from a union or labour lawyer as soon as it happens.

• Leave may not pause the trial period: Sick leave, maternity or paternity leave, risk during pregnancy and adoption only interrupt the trial period if your contract or collective agreement says so. Otherwise the clock keeps running. Check your contract and collective agreement for a clause on this.

• Resigning during the trial period costs you unemployment benefit: If you resign in the trial period you have no right to unemployment benefit. If your employer ends the contract, you may claim it with enough contributions, generally 360 days in the last 6 years. Do not resign without checking your contributions and options first.

• Verbal promises are hard to prove: A verbal agreement about the trial period or pay is hard to prove if there is a dispute. Ask for every agreement in writing and keep your messages.

Frequently asked questions

Can I claim unemployment benefit if my employer ends my contract during the trial period?

Yes, you can claim unemployment benefit if your employer ends the contract in the trial period and you have enough contributions, generally 360 days in the last 6 years. If you resign yourself during the trial period, you get no entitlement.

Does the trial period stop while I am on sick leave?

No, sick leave does not stop the trial period unless your contract or collective agreement says so. The same goes for maternity or paternity leave, risk during pregnancy and adoption leave. Read your contract for a clause on this.

Can my employer end my trial period because I am pregnant?

No, ending your contract because of pregnancy, maternity or any other discrimination is null (nulo). You can ask for reinstatement and back pay.

Can my employer give me a trial period if I already did the same job for them?

No, a trial period is void if you already performed the same functions for the same company under any type of contract. If you are put on one anyway, ask a union or labour lawyer to review it.