Employment law in Andorra shares many characteristics with other countries across Europe, but has some notable differences due to the high seasonality of work and the prevalence of service jobs within the country. In Andorra, officially known as the Principality of Andorra and located in the Pyrenees Mountains between France and Spain, the probationary period serves as an extremely useful tool for companies and workers to enter into a temporary employment relationship before entering into a binding long-term contract. Both employers and employees can use this period to assess their fit before beginning an official employment relationship.

The probationary period is regulated solely by Law 31/2018 on Labor Relations (Llei 31/2018, del 6 de desembre, de relacions laborals), and therefore, constitutes a real legal status which enjoys constitutional protection, being designed to safeguard both the employer’s right to assess the professional suitability of the worker and the worker’s rights.

Definition of a Probation Period in Andorra

The probationary period in Andorra is an additional clause, voluntary and temporary, added at the beginning of the employment relationship. This period serves as proof of both the employee’s suitability for the position and of the employer’s capability and compliance with the working conditions initially agreed upon. The clause shall not be implied but must be clearly stated and agreed-upon in writing by both parties (Article 14 of Llei 31/2018).

A worker on probation in Andorra is a full employee, not an intern, and receives a standard salary and full social security benefits. The main legal difference during this phase is the “free withdrawal” rule, which allows either the employer or the employee to end the contract without having to prove a specific reason, such as misconduct or financial issues.

To protect workers, a probation period cannot be applied if the person has performed the same job for the company within the last three years. This rule prevents businesses from repeatedly using trial periods to avoid giving staff permanent job security.

Lengths of Probationary Periods in Andorra

According to Andorran law, the probationary period cannot exceed the following duration, unless otherwise agreed by the parties (probation periods less than those indicated below are legal). Any clause providing for longer probation is automatically void.

Role Type Salary Threshold Maximum Probation Period
Standard Positions If the salary is less than triple the minimum wage (less than €4,342/month) 2 months
Senior Level Positions If the salary is equal to or greater than triple the minimum wage (€4,342/month or more) 3 months
Executive Positions If the salary is equal to or greater than 5 times the minimum wage (€7,237/month or more) 6 months

Permanent or indefinite contracts

The standard form of employment is via the indefinite contract (contracte per temps indefinit). The probationary period is therefore effectively the last hurdle before secure employment. Employers will generally set the probation period to the maximum allowable period, typically two months for regular staff, to gauge whether the employee fits into the business.

If everything goes well, then at the end of the probation period, no paperwork is required, and the employee automatically becomes a permanent employee. Upon expiry of the probation period, the employee cannot be dismissed without just cause.

Seniority begins on the first day of the probation period, not on the date of confirmation. This allows the trial months to count towards severance packages.

Fixed-term or definite contracts

Fixed-term contracts are common in Andorra because of the ski season and tourism season. Probation for fixed-term contracts should also be shorter in comparison to permanent contracts. Probation should be reasonably proportional to the length of the contract. Applying two months’ probation to a short-term contract would be seen as abusive since the worker will be without rights for most of their employment.

For seasonal workers (temporers) and other fixed-term employees in Andorra, it is normal to agree on a shorter probation period. Up to one month of probation is standard for most seasonal contracts. This allows ski resorts and hotels to ensure employees are up to scratch when they need them most at the start of winter. But also provides job security to workers for the rest of the season. Some very short contracts may have reduced probation negotiated (via collective agreement) or have no probation at all.

Legal Considerations for Probation Periods in Andorra

There are numerous rules to follow in order for the probation period to be valid. The first and most important rule is formality. The probation period agreement must be in written form. The probation period dates must be specified and agreed upon prior to starting the probation period, and signed by both the employer and the employee. Otherwise, the employer loses the right to free termination.

Employment discrimination laws still apply during probation. An employer can terminate their employee’s contract without cause, but they can’t fire someone for being of a different race, sex, religion, or union membership. Llei 31/2018 makes the employer responsible for proof that they did not act against any of the worker’s fundamental rights should they be suspected of doing so.

In Andorra, it is illegal to fire pregnant workers during the probation period. The burden of proof lies on the employer to prove they did not fire them because of their pregnancy. If the worker can produce medical evidence of pregnancy within 10 days after dismissal, the law presumes that the pregnancy was a cause. The employer has to rehire them or prove “manifest professional incompetence,” which is difficult to prove.

Pay and Working Conditions

During the probation period, employees are entitled to their full agreed wage, which must at least meet the minimum wage ($€1,447.33$ monthly or $€8.35$ per hour in 2026). The employer must register staff with social security (Caixa Andorrana de Seguretat Social (CASS)) after their first hour of work, so employees are covered for health and accidents from the start of their employment.

Probationary employees work the standard 40-hour workweek and are entitled to receive overtime and rest periods identical to those of permanent staff members.

Overtime rates are incremental, beginning at 25% and increasing depending on the amount of overtime worked. Failure to pay at least minimum wage or register a new worker is a prosecutable offence.

Termination and Notice

The biggest advantage of the probation period is the simplified termination process. Under the desistiment lliure rule, either the employer or the employee can end the contract without providing a justification.

However, written notice is mandatory. A text message or verbal notification is legally insufficient and can result in the employer being liable for wages until a formal letter is delivered. Termination is effective immediately upon delivery; there is no statutory requirement for an advance notice period during probation.

Financially, termination during probation does not trigger severance pay. The employee is entitled only to the finiquito: the salary for days worked and the liquidation of accrued vacation time. This lack of severance is the primary distinction from terminating a confirmed employee, who would typically be entitled to compensation based on tenure.

Vacation / Holidays

Vacation days build up from day 1 in Andorra. There are 30 calendar days of paid vacation per year required by law. If an employee is on probation, they accrue vacation time at about 2.5 days per month.

If an employer fired someone after their first month. They would owe them the monetary equivalent of the earned 2.5 days in the final paycheck.

Probationary employees also get all 14 national public holidays. If they work on a holiday, they would be entitled to double pay or compensatory time off.

Benefits of Probation Periods in Andorra

The probation period in Andorra is beneficial for both the employer and the employee. It’s a safe period for both of them to decide whether long-term employment is suitable.
  • For Employees

It’s a safe trial period for a new position.

If they hate the job, they can quit the next day with no long notice period or justification required.

Allows time to make sure they have the skills needed and fit with the team.

  • For Employers

Employers see it as a critical tool in their risk management strategy before offering permanent employment.

Allows seasonal tourism businesses to hire and scale up quickly.

Employers can legally terminate employees who fail to perform up to expectations without penalty.

Conclusion

The probation period is a part of Andorra’s employment law that benefits both the employer and the employee when used properly. It’s there to protect both of them, so employers must make sure they follow all of the guidelines. This includes writing their employee a contract, paying them no less than the minimum wage ( €1,447.33 in 2025) and using the correct time limit.

Following these guidelines, along with any others in Llei 31/2018, prevents legal problems in Andorra. However, dealing with these regulations can be overwhelming for international business owners looking to hire employees in Andorra. The solution for these business owners is finding a trusted partner like Remote People to handle paperwork and compliance, so they can focus on growing their business.

Frequently Asked Questions

Unless the contract states otherwise, the answer is normally no. 2/3/6 months are the maximum durations. After the period agreed has elapsed, the employee becomes permanent staff. Except if they are on sick leave. In which case, the probation period freezes until they return to work.

No, they do not need to state a cause (like poor performance) in the termination letter. However, the dismissal cannot be motivated by discriminatory reasons (e.g., pregnancy, race). If discrimination is alleged, they may need to prove objective reasons in court.

No. Llei 31/2018 requires written notification. Without a letter, the contract is arguably still active, and wages continue to accrue.