The Trial Period in Spanish Employment Contracts: Duration, Rights and Common Mistakes

What the trial period is

The trial period (periodo de prueba) is the initial phase of an employment contract during which both the company and the employee can assess whether the job is a good fit and freely end the relationship. It is governed by Article 14 of the Workers' Statute (Estatuto de los Trabajadores) and must always be agreed in writing.

If it is not agreed in writing in the contract, the trial period does not exist and the company cannot rely on it to terminate the contract without severance.

Maximum durations

The contract or the applicable collective agreement sets the duration. In the absence of an agreement, the Workers' Statute sets these maximums:

• 6 months for qualified technical staff.
• 2 months for other workers.
• 3 months for other workers in companies with fewer than 25 employees.
• For temporary contracts shorter than 6 months, the trial may not exceed 1 month, unless the collective agreement says otherwise.

After the labour reform of RDL 32/2021, collective agreements may adjust these durations, so always check your sector agreement.

Rights during the trial period

During the trial, the employee has the same rights and duties as the rest of the workforce: salary, Social Security registration, working hours and rest periods. The trial time counts towards seniority. The company must keep the mandatory work-time record from day one, under RD-ley 8/2019.

Situations that suspend the count

Certain situations, such as temporary disability, birth, adoption or fostering, interrupt the count of the trial period if the parties have agreed so, resuming when the employee returns.

Termination during the trial

Either party may end the contract during the trial without giving a reason, without notice and without severance. However, the withdrawal cannot be discriminatory or breach fundamental rights; for example, terminating because of pregnancy would be null and void.

Common employer mistakes

1. Not agreeing the trial in writing in the contract.
2. Setting a duration longer than the agreement or the Statute allows.
3. Setting a new trial period when the worker has already performed the same duties in the company.
4. Using the trial to chain contracts fraudulently.

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