What is the legal time limit for the trial period in a company?

legal time limit of the trial period in a company

If you have ever signed an employment contract, you have surely gone through a trial period. But, talking to colleagues, friends or family, you may find that this period is different for each one: fifteen days, one month, two, six... What is the legal time limit for the trial period in a company?

If that question is on your mind and Would you like to know, legally, what the answer is?, below we are going to give you a hand so that you know well what we are talking about and so you can know how to respond in case the company presents you with something that, perhaps, is not legal, let's get to it?

What is the trial period

Training contract

Before giving you the answer to the question, do you understand well what the trial period refers to? It's about a time that is agreed between the worker and the employer to see if the employment relationship between them is adequate. In other words, if the worker feels comfortable at work and if the employer sees that the worker integrates into the job and the company itself.

Although it is said that the trial period is agreed between both, the truth is that in the vast majority of cases it is established by law in the contract or by collective agreement, and this can rarely be rectified.

What is the legal time limit for the trial period in a company?

As you know, the conditions of a job must be governed by what the Workers' Statute or the company's collective agreement says or if it is adhered to one. However, what this collective agreement does is improve what is established in the ET

In the case of trial period of a company, you should know that it is contemplated in article 14 of the ET That says so:

"1. A trial period may be agreed upon in writing, subject to the duration limits that, where appropriate, are established in the collective agreements. In the absence of an agreement in an agreement, the duration of the trial period may not exceed six months for qualified technicians, nor two months for other workers. In companies with less than twenty-five workers, the trial period may not exceed three months for workers who are not qualified technicians.
In the case of temporary fixed-term contracts of article 15 concluded for a period of no more than six months, the trial period may not exceed one month, unless otherwise provided in the collective agreement.
The employer and the worker are, respectively, obliged to carry out the experiences that constitute the object of the test.

That is the maximum duration will be:

  • 6 months if you are a qualified technician.
  • 2 months if you are not a qualified technician.
  • 3 months if the company has less than 25 workers.
  • 1 month in temporary contracts of less than 6 months.

What does the trial period depend on?

make a sale contract

Now that we have answered the question what is the legal time limit for the probationary period in a company, let's delve into it. Because, from what we have seen above, we can conclude that the trial period of a contract will depend on several things: on the one hand, the type of employment contract, whether it is temporary or indefinite; on the other, the professional category or classification.

Thus, in general, trial periods according to contract types They are usually these:

  • If it is a permanent contract, there may be a trial period of up to 6 months.
  • If it is a temporary contract, the trial period is one to two months.
  • The same happens with internship contracts, you can have a trial period of one or two months.

In these last two, if the contract is longer than six months, you can have a trial period of two months. Otherwise, the trial will always be one month.

The dismissal in the trial period

What is an objective dismissal

It is often thought that, when you are in the trial period, it is something like having the "sword of Damocles" over your head, and that, when it is over, you can breathe easy. but it is certainly not like that.

Dismissal can come at any time. Whether or not you are in the trial period. Now, just as you can be fired during that time, you can also terminate the contract if you feel that the working conditions are not what had been agreed upon, or the company does not fit you. Of course, it has some differences compared to a normal dismissal:

  1. There is no need to give advance notice. Dismissal can come from one day to the next.
  2. There is no need to allege any cause, neither by the employer nor by the worker. Another thing is that explanations are usually given as to why it is not followed.
  3. There is no right to severance pay in the case of workers. Yes, you will have to receive the salary for the days worked, as well as what is proportional to vacations and extra pay. But nothing else.

Can you work without a trial period?

In some cases it is possible to present a contract without a trial period. It is totally legal since, as we told you, It is assumed to be an agreement between both parties, and this period may not be available.

But, beyond that agreement, There is one more assumption that means you may not have to go through the "tests." We refer to when the worker has already worked in the same company and has performed the same tasks as those he is going to perform now (only with a different contractual modality).

In other words, If you have already worked in the company doing the same job under another contract, the new one should not arrive during the trial period. because it is assumed that you have already proven that you are good for the position (because you have worked before).

Is it clear to you now what the legal time limit is for the trial period in a company? Take a look at your contract to see if it's really okay.


Leave a Comment

Your email address will not be published. Required fields are marked with *

*

*

  1. Responsible for the data: Miguel Ángel Gatón
  2. Purpose of the data: Control SPAM, comment management.
  3. Legitimation: Your consent
  4. Communication of the data: The data will not be communicated to third parties except by legal obligation.
  5. Data storage: Database hosted by Occentus Networks (EU)
  6. Rights: At any time you can limit, recover and delete your information.