The probationary period raises many legitimate questions: do I have the same rights as an employee who's already passed it? What happens if I'm let go during that time? Understanding exactly what this initial phase of the contract involves avoids surprises.
What the probationary period is
It's an initial phase of the employment relationship, expressly agreed in writing in the contract, during which both the company and the employee can decide to end the employment relationship without needing to give any reason and, as a general rule, without any right to severance pay.
Maximum length of the probationary period
The maximum length isn't set by a single general rule; it mainly depends on what the collective bargaining agreement applicable to your activity establishes. In the absence of a specific provision in the agreement, the Workers' Statute sets default caps: generally up to 6 months for qualified technicians and up to 2 months for other employees (3 months at companies with fewer than 25 employees), though it's always worth checking the specific collective agreement, since it may set different periods, either longer or shorter than these default caps.
Your rights during the probationary period
A common misconception is thinking that, during the probationary period, an employee has fewer labor rights than the rest of the staff. That's not the case: during the probationary period, the employee has the same rights and obligations corresponding to the position they'll be performing, as if they were already a permanent employee of the company, with the sole exception that the relationship can be freely terminated by either party while that period lasts.
What happens if you're let go during the probationary period
If the company decides to end the employment relationship during the probationary period, it's not technically considered a "dismissal" in the strict sense, but a withdrawal during the trial period, which as a general rule doesn't create a right to severance pay. You must still be paid the final settlement (finiquito) corresponding to any outstanding items accrued up to that date (salary for days worked, the proportional part of untaken vacation and any prorated bonus payments, if applicable).
Exceptions: when there can be consequences for the company
Although the general rule is free termination without cause during the probationary period, there are limits: if the termination is actually based on a discriminatory reason (for example, linked to pregnancy, union membership, or any legally protected grounds for discrimination), it can be challenged and declared void, regardless of the fact that it formally occurred during the probationary period.
You can also end the contract yourself without mandatory notice
Free termination during the probationary period works both ways: as an employee, you can also decide to leave the position during that period without needing to give mandatory notice (unless the collective agreement expressly requires one), unlike a voluntary resignation outside the probationary period, where notice is usually required.
Check your final settlement at the end of the probationary period
Even though there's no severance pay, you're still entitled to the final settlement for any outstanding items accrued up to that date. Our severance pay calculator helps you estimate that approximate amount.