The Ministry of Labor has intensified its oversight of companies to ensure compliance with the limits and conditions set for probationary periods, after discovering that some firms were using them to dismiss workers without severance pay or to mask temporary contracts.
According to data from the Ministry's campaign, irregularities were found in 75% of inspections conducted, resulting in fines totaling 578,000 euros. Minister of Labor, Yolanda Díaz, has emphasized the importance of adhering to this regulation.
The Workers' Statute, in its Article 14, regulates the probationary period for the purpose of assessing an employee's suitability for the role. Maximum durations are established at 6 months for qualified technicians, 2 months for other workers, and 3 months for employees in companies with fewer than 25 workers.
The Inspectorate deems it fraudulent to use this tool for covering temporary needs or avoiding the consequences of ordinary dismissal. Practices under scrutiny include imposing a new probationary period on someone who has previously performed the same duties, stating that a trial was not passed after the legal term had ended, or hiring permanent employees for a few weeks only to dismiss them before the probation concludes.
These actions can be classified as serious infractions under the Law on Infractions and Sanctions in Social Order (LISOS). The fraud is particularly concentrated in sectors with high staff turnover, such as hospitality, tourism, retail, general services, and call centers.
Social Security figures show a significant increase: permanent employee dismissals for not passing the probationary period rose from 16,300 in January 2019 to 52,400 in January 2026. This rise justifies the intensified inspections, which can lead to financial penalties and the review of contract terminations if fraudulent use is proven.
