Labor Inspection Launches Campaign to Investigate Trial Period Misuse in Employment Contracts

The Labor and Social Security Inspection has announced that it will be launching a campaign to investigate potential non-compliance with the trial period regulations in employment contracts. The department, led by Yolanda Díaz, will specifically focus on cases where companies may be exploiting the trial period, extending it beyond the maximum allowed duration or applying multiple trial periods to the same employee.

The Workers’ Statute states that the trial period should not exceed six months for qualified technicians or two months for other workers, with the possibility of shorter periods as specified in individual agreements. However, there have been reports of some companies using the trial period fraudulently, delaying until the last days before it ends and possibly subjecting employees to multiple trial periods. It is important to note that once the trial period ends, the employee is entitled to a settlement but not compensation.

The Labor Inspection will specifically target contracts that are terminated despite exceeding the maximum trial period duration, as well as dismissals of employees who have previously completed the same tasks without exceeding the trial period. Inspections will also look at cases where employees are subjected to a new trial period for the same functions. There has been a significant increase in dismissals during the trial period since labor reform limited the use of temporary contracts.

To identify irregularities and prevent companies from exploiting the trial period to undermine workers’ rights and fair competition, the Labor Inspection is using an Anti-Fraud Tool. Despite concerns about fraudulent use of the trial period, most trial periods have been successfully completed since labor reform was implemented. It is crucial for companies to adhere to regulations regarding trail periods to ensure fair treatment of employees and compliance with labor laws.