Article 14 of the Spanish Workers’ Statute sets the limits for the probationary period at work:
- Temporary contracts ≤ 6 months: maximum 1 month (unless the collective agreement states otherwise).
- Qualified technical staff: up to 6 months.
- All other positions: up to 2 months (or 3 months if the company has fewer than 25 employees).
- A probationary period cannot be agreed if the worker has already performed the same duties at the company before (under any type of contract).
- During the probation period, the same rights and obligations as the role apply, with the exception that the employment relationship may be terminated without severance — but never for discriminatory reasons (e.g., pregnancy).
The data sparking the debate
Following the labour reform, dismissals for “not passing the probationary period” have skyrocketed. Recent legal analysis shows that the number of terminations jumped from 77,454 in the first half of 2019 to 350,459 in the same period of 2025; and in June 2025 alone the increase reached +542% compared with June 2019. The result: almost half of all permanent-contract terminations today would occur with no severance.
Why this affects you
- For companies, the probation period is a legitimate selection tool. Using it outside the legal limits (excessive duration, repeating probation for duties already performed, bias) exposes the company to nullity rulings and sanctions.
- For workers, knowing the limits and the invalid reasons for termination (e.g., pregnancy) is essential to challenge decisions on time.
Red flags currently causing issues
- Applying “standard probation periods” without checking the collective agreement or contract type.
- Reopening probation for someone who already performed the same duties.
- Treating the probation period as “free dismissal” without controlling for bias or documenting performance.
Good practices for 2026
- Contract and job description annex: clearly define tasks to be evaluated and objective criteria.
- Duration aligned with Article 14 of the Workers’ Statute and the applicable collective agreement.
- Documented performance monitoring (dates, objectives, incidents).
- Clear communication of the decision and proper archiving of evidence (avoids claims of arbitrariness).
If you manage personnel or have just joined a company, avoid risks by setting a clear, lawful probation framework.
ALR Labour Advisory helps you:
- Draft clauses and job-description annexes aligned with your collective agreement.
- Implement an objective, traceable evaluation process.
- Review probation-period terminations to minimise disputes.