When you start a new job in Spain, it's common for the contract to include a probation period. During that time, either you or the company can end the contract without giving a reason or paying compensation. It's worth knowing how long it can last and what rights you keep in the meantime.
How long the probation period can last
The maximum length is set by the Workers' Statute, though each sector's collective agreement can set shorter limits:
- Qualified technicians (roles requiring an official qualification): maximum 6 months.
- Other employees, in companies with 25 or more workers: maximum 2 months.
- Other employees, in companies with fewer than 25 workers: maximum 3 months.
- Fixed-term contracts of 6 months or less: maximum 1 month, unless the collective agreement says otherwise.
If your collective agreement sets a different limit (which is common), it prevails as long as it doesn't exceed these legal maximums.
What happens if you're let go during probation
During probation, either party can end the relationship without giving cause or notice, unless the contract or agreement requires one. There's no dismissal compensation, because technically it isn't a dismissal — it's a termination during probation, a distinct legal concept.
There are limits, though: probation can't be used to discriminate (for example, based on pregnancy, union membership or other protected grounds), and if that happens, the termination can be declared null, not just unfair.
Your rights during probation
Even during probation, you have the same rights as any other employee at your professional category: same salary, same proportional holiday entitlement, same social security contributions. Probation isn't a "different contract" with fewer rights — it's a clause within your normal contract.
How to know if you have a probation period and how long it lasts
It must be stated in writing in your contract. If it isn't explicitly included, there's no probation period, and any termination from that point on is treated as a regular dismissal, with whatever guarantees and compensation apply.
A practical tip
Before signing, check the probation clause against your sector's collective agreement (you can look it up via the official gazette or by asking the relevant union). If the contract sets a longer period than your agreement allows, that specific clause would be void and the agreement's legal maximum would apply instead, while the rest of the contract remains valid.