When you start a new job in Spain, your contract will usually include a trial phase. This guide explains how the probation period works and outlines your legal rights.
What is the probation period?
The trial phase in a Spanish employment contract is called the período de prueba (probation period). This period is voluntary, but most employers include it in the contract.
During this time, both you and your employer can evaluate the working relationship. You can see if the job fits your skills, and the company can assess your performance.
To be legally valid, this trial phase must be written in your employment contract. A verbal agreement is not legally binding.
Maximum duration of the probation period
Spanish labor law regulates how long a trial phase can last. The rules are defined in the Estatuto de los Trabajadores (Workers’ Statute).
However, the applicable convenio colectivo (collective bargaining agreement) can set different limits. You must check your specific collective agreement to find the exact rules.
In the absence of a collective agreement, the legal maximum durations are:
| Employee or Contract Type | Maximum Duration |
|---|---|
| Technical Graduates (técnicos titulados) | Up to 6 months |
| Other Workers | Up to 2 months |
| Small Companies (fewer than 25 staff) | Up to 3 months |
| Temporary Contracts (6 months or less) | Up to 1 month |
If you have already done the same job in the company, no probation period is allowed. This rule applies even if you had a different contract type before.
Rules and employee rights during probation
You have the same rights as any other employee during your trial phase. The company must treat you as a fully registered worker.
You must receive the same salary and benefits defined in the contract or collective agreement. You also accumulate vacation days from your first day.
Your employer must register you with the social security system before you start working. The probation period counts toward your total seniority at the company.
Certain events can pause your probation period. These events include temporary disability (incapacidad temporal), maternity, or paternity leave. However, the contract must explicitly state that these events pause the trial phase.
Ending the contract during probation
Either party can end the contract during the trial phase. You do not need to give a reason, and your employer does not need to justify the decision.
No notice period is required. You can resign or be dismissed from one day to the next.
If the contract is ended, you are not entitled to any severance pay. However, the employer must pay you for the days you actually worked.
They must also pay you for any accrued vacation days that you did not use. This final payment is called the finiquito (settlement payment).
Your dismissal cannot be based on discrimination. A dismissal is a despido nulo (null and void dismissal) if it violates your fundamental rights. For example, a company cannot dismiss you because you are pregnant or sick.
Questions and answers
Do I get paid during the probation period?
Yes. You receive the normal salary defined in your contract. You also receive pay for any overtime or extra hours you work.
Do I accumulate vacation days during probation?
Yes. You accumulate vacation days at the same rate as permanent staff. This is usually 2.5 calendar days per month of work.
Can I quit without notice during probation?
Yes. You can leave the job at any time. You do not need to give notice or pay any penalty.
Can my employer extend my probation period?
No. The employer cannot extend the trial phase beyond the maximum limit set by law or the collective agreement. Any agreement to extend it illegally is void.
Does probation count towards my seniority?
Yes. Once you pass the trial phase, the probation period counts as regular employment. It counts toward your total seniority and future severance calculations.
