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Trial periods in a company: what you need to know
The probation period is a common agreement in the contract. What does it consist of and what are the workers' rights? We tell you about it on the blog.
Isabel García
HR Consultant
10 of April, 2025
The trial period enables the employer to verify that the new employee has the capacity, skills, and knowledge to perform the necessary functions of the job.
It allows the worker to verify the conditions of their future job.
What the trial period involves
The trial period is a bilateral voluntary agreement between the employer and the worker. It applies when both parties sign the contract.
The existence of a trial period is quite common in all types of employment contracts, both permanent and temporary.
Its purpose is mutual acquaintance in terms of the workplace.
It serves as a trial for the employer to review the employee’s ability to perform the tasks for which they were hired.
The worker can evaluate the characteristics of the job to decide whether or not to continue.
The trial period is regulated through Article 14 of the Workers’ Statute:
“A trial period may be agreed in writing, subject to the duration limits that may be established in collective agreements”.
The hired person will have the same rights and obligations as the rest of the staff during the duration of the trial contract, except for those derived from the termination of the employment relationship.
How long the trial contract lasts
The duration of the trial period will be agreed upon by both parties and within the limits set by the company’s collective agreement.
When the collective agreement of the company does not set a duration for a trial period, it follows the provisions of the Royal Legislative Decree 2/2015 in Article 14.1, which indicates the maximum periods:
- 6 months for certified technicians.
- 2 months for the rest of the employees.
- 3 months in companies that do not exceed 25 employees on staff, and the new employee has technical knowledge without certification.
- 1 month for temporary contracts less than six months.
In the trial contract, as it is not mandatory by law, either party can end the employment relationship without prior notice or justification.
Also, in the case that the worker had previously performed the same or another job in the same company, a new trial contract cannot be formalized, as it would be considered null.
When a trial period can be interrupted
In the event that the company or worker is not satisfied, either of the two parties can terminate the contract without justifications.
The trial period can always be interrupted by mutual agreement between the worker and the company under temporary circumstances, such as:
- Temporary illness.
- Pregnancy.
- Maternity, paternity and adoption.
- Gender violence.
- Or any other situation that requires a temporary leave of the employee.
In these cases, this period is not counted as such, and is resumed once the worker rejoins.
What happens after the trial period
Once the corresponding trial period is over and neither the worker nor the employer break the labor relationship, the trial contract will continue with the agreed terms.
The most notable change is when the worker, after some time having concluded the trial period, wants to leave the company. The obligation they have acquired is to give notice.
Severance pay for voluntary termination
As with the termination of any other contract, the trial period entitles the worker to severance pay when it is a voluntary termination.
The current legislation gives the worker the right to receive the salary corresponding to the unpaid workdays.
However, if you have a payroll preparation software, the calculation is automatic, it is advisable to know what to consider to calculate the severance payment of a trial period.
Thus, these are included:
- The unearned salary.
- The proportional part of the corresponding extra payments.
- If they have not taken the vacations, the corresponding part.
- In the event that they had worked overtime, these are also added.
Along with these pluses, there are a series of earnings to consider:
- The advances that the worker had requested.
- The deduction that may correspond to them from the IRPF and Social Security.
Worker’s rights in a trial period
The worker during the trial period is protected by the rights that correspond to the job they are performing. As if they were part of the staff, also the obligations.
All this must be established in the contract by mutual agreement, in writing and with the signature of the parties.
- They can terminate the trial period contract without justifying a cause and without notice when they are not comfortable.
- They have no right to receive any type of compensation in the event that their employment relationship with the company ends in the trial period.
- They do have the right to vacation days, or for the corresponding part of these to be paid in the severance pay, as well as the proportional part of extra payments and overtime.
- If it is a pregnant worker, according to the Statutes of Workers, the company cannot terminate the contract due to pregnancy or maternity.
- The company, despite not being obligated to justify the resolution of the trial period, could expose reasons not related to the worker’s situation and thus decide to terminate the contract.
- If the trial has ended and neither party disclaimed the contract, this will become an indefinite contract.
- While the worker is performing this period, the duration of it will count as seniority in the company and generate hours in their work life.
Did you like the article? We hope so. We invite you to continue learning about the types of contracts that exist and how to manage them in the articles we have prepared for you on the blog.
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