Spain is one of Europe’s most attractive hiring destinations for global companies, offering access to skilled talent across technology, engineering, customer support, renewable energy, shared services, and professional roles. However, Spain also has a highly employee-protective labour law framework, making early-stage employment decisions—especially during probation—legally sensitive.
The probation period (período de prueba) in Spain is explicitly regulated under the Workers’ Statute (Estatuto de los Trabajadores). It is not an informal trial phase and does not suspend employee rights. While probation allows earlier termination than post-confirmation employment, it must follow strict statutory, contractual, and collective agreement rules. Mismanaging probation often results in unfair dismissal claims, labour court disputes, and reinstatement or compensation orders.
This 2026 guide explains how the probation period works in Spain, employee rights during probation, termination rules, notice requirements, collective agreement nuances, and how using an Employer of Record (EOR) in Spain helps global companies hire compliantly without setting up a local entity.
What Is a Probation Period Under Spanish Labour Law?
In Spain, the probation period (período de prueba) is a legally defined evaluation phase regulated under the Workers’ Statute. It allows both employer and employee to assess the employment relationship at the beginning of the contract. However, probation operates within a strict statutory and collective bargaining framework designed to prevent abuse.
For global employers, probation in Spain should be treated as a regulated legal phase, not a discretionary HR practice. Courts focus heavily on whether probation terms comply with the law and applicable collective agreements.
Legal Nature of Probation in Spain
Under Spanish labour law:
- Probation must be expressly stated in writing in the employment contract
- Probation duration is limited by law and collective agreements
- Employee rights apply from the first day of employment
- Termination during probation must respect legal boundaries
Probation provides limited flexibility, not unrestricted termination rights.
Is Probation Mandatory Under Spanish Labour Laws?
Probation is not mandatory in Spain. Employers may:
- Include a probation period, or
- Hire employees without probation
However:
- If probation is not written into the contract, it does not exist
- Employers lose probation-specific termination flexibility
- Courts strictly enforce written requirements
For international employers, failure to document probation correctly is a common compliance error.
Typical Probation Period Duration in Spain
Spain imposes clear limits on probation duration, and these limits are often further restricted by sector-specific collective bargaining agreements.
Probation length must always be assessed in the context of both statutory law and the applicable convenio colectivo.
Standard Probation Length Across Spain
Under the Workers’ Statute:
- 6 months → for qualified technicians
- 2 months → for other employees
- 1 month → for companies with fewer than 25 employees (non-technicians)
Collective agreements may set shorter maximum periods, which override statutory limits.
Collective Agreement Nuances
Collective agreements often:
- Reduce probation duration
- Prohibit probation for certain roles
- Add procedural requirements
Ignoring collective agreement rules is a major risk area for foreign employers.
Employee Rights During the Probation Period in Spain
A widespread misconception is that probationary employees have fewer rights. In Spain, this is incorrect. Employment protections apply fully from the first working day, regardless of probation status.
Spanish labour courts apply a substance-over-form approach, meaning improper treatment during probation is treated as a standard labour law violation.
Statutory Rights That Apply During Probation
Employees on probation are entitled to:
- Minimum wage compliance
- Working time and rest protections
- Paid leave accrual
- Social security registration and contributions
- Health and safety protections
- Protection against discrimination
Probation does not reduce or delay these rights.
Probation and Contract Validity
Even during probation:
- The employment contract is fully enforceable
- Employees may file labour claims
- Employers must act in good faith
Unlawful termination during probation can still be ruled unfair.
Termination During the Probation Period in Spain
Termination during probation is legally permitted, but only within well-defined boundaries. Employers must understand when probation allows termination and when it does not.
Courts closely examine whether termination was related to job performance or masked an unlawful motive.
Can Employers Terminate During Probation in Spain?
Yes, employers may terminate during probation if:
- Probation was validly agreed in writing
- Termination occurs within the probation period
- Termination is not discriminatory or abusive
Probation does not justify termination for protected reasons.
Notice Requirements During Probation
In general:
- No notice is required unless the contract or collective agreement states otherwise
- Some collective agreements impose notice obligations
- Written communication is strongly recommended
Failure to follow agreed notice terms often leads to disputes.
Common Employer Mistakes That Lead to Legal Challenges
Frequent errors include:
- No written probation clause
- Exceeding maximum probation duration
- Ignoring collective agreement limits
- Terminating for reasons unrelated to performance
These mistakes frequently result in unfair dismissal rulings.
Managing Performance During the Probation Period in Spain
Although Spanish law does not require formal performance improvement plans during probation, structured performance management significantly reduces legal exposure.
Courts expect employers to demonstrate that probation was used genuinely to assess suitability.
Using Probation as a Performance Evaluation Period
Best-practice employers:
- Clearly define job responsibilities at onboarding
- Monitor performance against role requirements
- Provide feedback during probation
- Document performance discussions
This approach strengthens the employer’s position in any dispute.
Confirming or Ending Employment After Probation
At the end of probation:
- Employment continues automatically unless terminated
- Employers should confirm probation completion in writing
- Post-probation termination triggers full dismissal protections
Missing the probation window significantly reduces flexibility.
Probation Risks for Global Companies Hiring in Spain
Spain’s labour framework presents significant challenges for international employers unfamiliar with its layered regulatory system.
Probation-related disputes are a frequent entry point for labour court claims.
Why International Employers Struggle With Spanish Probation Rules
Common challenges include:
- Overlooking collective agreement restrictions
- Applying non-Spanish HR practices
- Poor contract drafting
- Inadequate documentation
Spanish courts prioritize employee protection and procedural compliance.
How Employer of Record (EOR) Models Reduce Probation Risk in Spain
An Employer of Record model allows global companies to hire employees in Spain while transferring employment compliance to a local expert.
Using an EOR in Spain enables companies to:
- Hire without setting up a Spanish legal entity
- Use Workers’ Statute– and convenio-compliant contracts
- Structure lawful probation clauses
- Manage payroll and social security correctly
- Execute compliant terminations
EOR services significantly reduce legal and operational risk.
How Asanify Helps Manage Probation Periods in Spain
Asanify provides end-to-end Employer of Record services in Spain, supporting global companies across hiring, probation, and compliance.
With Asanify, companies can:
- Hire in Spain without entity incorporation
- Use legally vetted, Spain-compliant contracts
- Align probation terms with collective agreements
- Manage payroll and social security
- Ensure lawful termination practices
- Stay aligned with Spanish labour law updates
Asanify enables confident, compliant hiring in Spain.
Key Takeaways for Employers Hiring in Spain
Probation in Spain is a legally regulated employment phase governed by statutory law and collective agreements. Employee rights apply from day one, and improper probation structuring often leads to unfair dismissal claims. Employers must carefully manage duration, documentation, and termination decisions. Partnering with an EOR like Asanify allows global companies to hire in Spain safely and compliantly.
Frequently Asked Questions
What is the probation period in Spain under labour law?
It is a legally regulated trial period (período de prueba) under the Workers’ Statute.
How long is a probation period in Spain?
It ranges from one to six months depending on role, company size, and collective agreements.
Can an employee be terminated during probation in Spain?
Yes, if probation is validly agreed and termination is not discriminatory or abusive.
Do probationary employees have rights in Spain?
Yes. All statutory labour protections apply from day one.
Is probation mandatory in Spain?
No. Probation is optional but must be stated in writing to be valid.
Do collective agreements affect probation in Spain?
Yes. Collective agreements often limit or modify probation terms.
How does an Employer of Record manage probation in Spain?
An EOR ensures compliant contracts, payroll, social security, and lawful termination.
Why should global companies use EOR services in Spain?
To avoid entity setup, manage complex labour rules, and reduce legal risk.
Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant or Labour Law expert for specific guidance.