Getting a job is the dream of many people, especially if instead of a temporary contract they offer you a permanent one because, unless it goes wrong, you know it will be a stable job. But what about the trial period in an indefinite contract? Do you know how much it is? And what happens if you get fired within that period?
We want to focus on this most unknown part of contracts, specifically the permanent contract, so that you know what it is, how long it lasts, what happens if you are fired and many more aspects to consider.
What is an indefinite contract
According to the SEPE definition, an indefinite contract would be one
"which is agreed without establishing time limits on the provision of services, in terms of the duration of the contract".
In other words, an employment relationship is established between an employer and a worker without a contract termination date, in such a way that it can last days or years.
This type of contract can be formalized both in writing (which is normal) and verbally. In addition, it does not have to be a full-time contract, but can be part-time, or to provide discontinuous fixed services.
It is one of the employment contracts that gives the most "stability" since it is normally offered to workers with whom you want to work for a long period of time.
The trial period
A pitcher of cold water when they offer you a contract, and something you should know is that it is formalized with a trial period. That is, for x time you will be tested to see if you adapt to the job, the company and the type of work; and to see if the company suits you.
Every contract has the option to add a trial period. In other words, it is not mandatory, but if it is imposed, it must be reflected in the contract itself and both parties (worker and employer) must accept it (especially the worker).
Legally, the trial period of a contract is regulated in article 14 of the Workers' Statute. It is a right for both. What do we mean by it? Well, if the employer does not offer that period and the worker wants it, he can request it, and therefore it is reflected in the contract.
An erroneous fact and that many continue to believe is that the trial period is only 15 days, 20 at most. Actually, it is not. The duration of the trial period will depend on whether it is determined in the agreement with which the company is governed. If there is not, the deadlines will be:
- Less than six months if the job is for qualified technicians.
- Two months if they are other types of workers.
- If the company has less than 25 workers, the trial period cannot exceed three months (for qualified technical workers).
How long is the trial period in an indefinite contract?
In view of the above, the duration of the trial period in an indefinite contract is clear. It can be from 15 days to six months in the event that the position (and contract) is for qualified technicians. But for the rest of the workers, the trial time would be from 15 days to 2 months.
What rights do you have in the trial period?
That you are on trial does not mean that you have less right than a worker who has been in the job for years, or in the company.
Actually, you have the same rights as a worker, only that for a time you will be on trial, not only you, but also the company because it may be the case that you do not like your colleagues, boss, superiors or the way they work. the company and you decide to leave.
What happens if I am fired while in the trial period of an indefinite contract?
One of the big doubts when you start working and you know that you are "on trial" is knowing what can happen in that time. Can they fire you? If they fire you, do they pay you? Do you quote for those test days?
There are several aspects that you have to take into account.
The dismissal in the trial period
While the trial period lasts, both the worker and the employer can make the decision to terminate the employment relationship.
In this case, neither one nor the other have to allege a cause, or give prior notice. In other words, the dismissal can be overnight (unless something else has been established).
This means that both the worker and the employer can decide, without giving explanations, that the relationship has ended, without having to give advance notice.
If it is the worker who ends the relationship, there are consequences
When it is the worker who, being in his trial period, decides to leave the job on his own, then this causes a problem: he is not entitled to unemployment benefit.
In other words, if you have worked for six months, you will not be entitled to unemployment benefit (because the decision to leave your job was yours and it is considered a dismissal at the will of the worker, or voluntary dismissal).
Does that mean that if it is the company that terminates, I will have the right to unemployment? Well, yes, as long as you meet the requirements to apply for an unemployment benefit. But if it is the employer who fires you during the trial period, you could apply for unemployment
no compensation
Another consequence of dismissing yourself in a trial period is that you will not receive compensation. You will only get paid for the days you have worked, but nothing else. Of course, you can also collect the proportional part of extra payments and vacations.
Yes you will quote those days
For Social Security, those days that you have worked, whether they have been a single day or six months, will be taken into account to account for retirement.
Is everything clearer now? Have you suffered any dismissal while in the trial period?