The hiring process doesn’t end with a signed contract and a handshake. Not only are there still onboarding activities to manage with new hires, but ensuring their fit and fitness for their new roles is critical.

In Spain, probation periods exist to help employers do just that. They also offer the opportunity for workers to decide if they want to continue working for their employers. While some countries leave the particulars up to employers, there are many regulations that control how probation periods in Spain can be used, and that’s what we’re going to explore in this guide.

Definition of a Probation Period in Spain

A periodo de prueba or probation period in Spain is a period starting from when a new employee starts work in which they are being assessed. This assessment is focused on their job performance and whether or not they actually possess the skills and aptitudes they claimed during the application process. However, assessment by the employer also extends to whether or not the employee is a good fit for the company’s culture and if they can work productively in their team. 

Employees also have the opportunity during probation to experience their actual working conditions and assess whether they differ from what was promised by the employer. They also get to check how well they fit in and how likely it is that they’ll thrive in their new roles.

In Spain, both the employer and employee are free to terminate the employment agreement at any time within the duration of the probation period.

Lengths of Probationary Periods in Spain

Spain has no statute requiring probationary periods, nor does it mandate a minimum length. The maximum length of probation in Spain is one year, though these periods are normally shorter and differ according to the type of employee, employer, and contract as follows unless otherwise stated in collective bargaining agreements:

Worker Type Maximum Probation Period
Fixed-term contracts (≤ 6 months) 1 month
Most workers 2 months
Regular workers in enterprises with < 25 employees 3 months
Skilled technicians 6 months
Permanent contracts in SMEs with < 50 employees 1 year

Legal Considerations of Probation Periods in Spain

The rules for probationary periods are mostly contained in Spain’s Worker’s Statue (Estatuto do los Trabajadores). Employers are free to define their own probationary periods as long as they do not contradict these rules which exist for the protection of employees.

General Restrictions on Probation

Probation periods are not permitted for employees hired on alternating training contracts for vocational studies or university studies. Training contracts for professional practices can include probationary periods of up to one month in length. Employees who finish one contract may not be put on probation for the beginning of another contract with the same employer.

Pay and Working Conditions

Probationary workers are entitled to the same rights and their employers have the same obligations toward them as toward permanent employees. In practice, this means that Spanish workers cannot be paid less, made to work longer hours, or made to exceed overtime rules while on probation. They must be provided with safe working conditions and protected from workplace discrimination.

Termination and Notice

While workers can be terminated at any time during their probation, Spain does not practice at-will employment. Therefore, even probationary workers may not be unfairly dismissed and employers must provide justifications and proof to dismiss them.

The biggest difference between probation and full employment is that no notice is necessary, either when an employee resigns or when the employer dismisses them. Normally, Spanish workers can be dismissed for disciplinary reasons without notice but must receive 15 days’ notice. During probation, either party can immediately terminate the contract.

Vacation / Holidays

Spain is divided into 17 autonomous regions and each celebrates its own special holidays. However, all Spanish employees are entitled to 14 paid public holidays regardless of their region. This applies to probationary workers as well.

Employees are also entitled to a minimum of 30 days of paid vacation leave each year which normally must be taken in the year it is accumulated. Workers accrue 1/12 of this entitlement for each month they work. This means that probationary workers accrue vacation days and can potentially take them while still on probation. However, they may only take leave on days agreed with the employer and may not receive permission during their probationary periods.

Benefits of Probation Periods in Spain

Both employers and employees can gain advantages from taking part in probation periods. Some of the benefits they can acquire include:

  • For Employees

Ability to resign quickly and without giving notice.

Opportunity to test out a new position and working environment before committing to the job entirely.

Chance to receive extra attention and help with development from the employer.

  • For Employers

The prospect of training new workers and welcoming them to their team and company.

Chance to motivate new employees to prove their skills and aptitudes.

Opportunity to terminate workers quickly and easily if their performance is not up to standard.

Frequently Asked Questions

No, probationary periods are not mandatory in Spain, and some employers don’t require them. However, they’re still very common and are considered necessary for most technical or high-level managerial positions.

For most workers, probation lasts a maximum of two months. However, depending on the employee’s position, the size of the enterprise, and the type of contract they’re on, their probation can last anywhere up to one year.

No, the biggest difference between probation and regular employment is that neither probationary employees nor their employers are required to give termination notice. Workers can also be terminated at any time and not just at the end of their probation.