The trial period is governed by Articles 111 to 114 of the Labor Code, and is defined in the first article as «…the initial period of performance of the employment contract, during which the parties assess their interest in its continuation.»

The trial period is characterized by the following elements:

– As a general rule, it is an integral part of the employment contract and corresponds to its initial phase, except when the parties agree in writing otherwise (notably, agreeing on its exclusion);

– It is time-limited by law;

– During this period, either party may freely terminate the employment relationship without just cause or any other justification (only limited by abuse of rights under Article 334 of the Civil Code), and without any compensation or indemnity owed to the other party;

– Its purpose is essentially trial or probation.

Traditionally, the duration of the trial period has been defined based on the complexity or responsibility level of the position the employee will hold within the organization. However, following recent legislative changes, the duration of the trial period now also varies according to personal circumstances related to certain employees’ professional background, establishing a specific duration of 180 days for workers seeking their first job and long-term unemployed individuals. This is an extension compared to the standard period, which remains at 90 days for most workers with non-specialized roles.

Thus, the duration of the trial period varies depending on the type of employment contract and the characteristics of the worker, as follows:

1. For permanent employment contracts**, the trial period is: – 90 days for most employees; 180 days for employees holding positions of technical complexity, high responsibility, or requiring special qualifications; for roles of trust; for first-time job seekers; and for long-term unemployed individuals; 240 days for employees in management or senior positions.

2. For fixed-term contracts**, the trial period is: 30 days for contracts of six months or longer; 15 days for fixed-term contracts lasting less than six months or for indefinite-term contracts where the expected duration does not exceed that limit.

3. For employment contracts under a service commission scheme**, the rule differs – a trial period only exists if expressly agreed by the parties in the contract or written agreement, and it cannot exceed 180 days.

However, this duration is not mandatory.

Indeed, the Labor Code stipulates that the duration must be reduced or excluded in the following cases:

(a) Based on the length of a previous fixed-term contract for the same activity, temporary employment contract for the same position, service contract for the same object, or professional internship for the same activity, whether the duration was less than, equal to, or longer than the trial period, provided any of these were with the same employer.

(b) For first-time job seekers and long-term unemployed individuals, it must be reduced or excluded based on the length of a previous fixed-term contract with a different employer if it lasted 90 days or more.

(c) For interns, it must be reduced according to the length of the professional internship (with a positive evaluation), for the same activity but with a different employer, if it lasted 90 days or more in the last 12 months.

The duration of the trial period may also be reduced by collective labour agreements or by written agreement between the parties; it can be excluded by written agreement between the parties or reduced by collective labour agreements or written agreement between the parties.

Following legislative changes introduced last year through the “Decent Work Agenda,” it is now established that if the employer does not provide written information to the employee about the duration and conditions of the trial period within seven days after the start of the contract, it is presumed that the parties have agreed to exclude the trial period.

Finally, we highlight that the employee’s seniority is counted from the beginning of the trial period.

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