In recent news, the Labor and Social Security Inspection will be launching a campaign to investigate potential non-compliance with trial period regulations in employment contracts. The department, led by Yolanda Díaz, will 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.
According to sources within the organization, the aim is to ensure that companies are adhering to the Workers’ Statute, which states that the trial period should not exceed six months for qualified technicians or two months for other workers. However, some companies are 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 focus on 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 target 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 following labor reforms that limit temporary contract use.
To prevent fraudulent use of trials periods and ensure compliance with labor laws and regulations, The Labor Inspection will utilize an Anti-Fraud Tool. Despite concerns about fraudulent use of trial periods, most trials periods have been successfully completed since labor reforms were implemented. It is crucial for companies to follow these regulations regarding their usage of trial periods to guarantee fair treatment of their employees and maintain compliance with labor laws.
