Probation Period in Spain
Probation Period in Spain: Employment Rules, Risks & Best Practices
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Table of Contents
What Is a Probation Period in Spain?
A probation period (período de prueba) in Spain is an initial employment phase allowing both employer and employee to assess job suitability. This period is governed by the Workers’ Statute (Estatuto de los Trabajadores) and collective bargaining agreements. During probation, either party may terminate employment with reduced notice requirements compared to permanent contracts.
Probation periods must be explicitly stated in writing within the employment contract to be valid. Without written agreement, no probation period exists. The duration varies based on job classification, employee qualifications, and applicable collective agreements.
Spanish labour law provides specific protections even during probation, including equal pay, social security coverage, and anti-discrimination safeguards. Employers must maintain full payroll compliance and contributions throughout the probationary phase.
Is a Probation Period Mandatory Under Labour Laws in Spain?
Probation periods are not mandatory in Spain. Employers may choose whether to include them in employment contracts. However, when implemented, they must comply with statutory maximums and be documented in writing before employment begins. Verbal agreements or retroactive probation clauses are legally invalid.
Most Spanish employers include probation periods to evaluate employee performance and cultural fit. The decision often depends on role complexity, seniority level, and sector-specific requirements outlined in collective bargaining agreements (convenios colectivos).
If an employer opts for a probation period, they must clearly specify its duration in the employment contract. Omitting this documentation means the employee is immediately considered a permanent worker with full employment protections from day one.
How Long Can a Probation Period Last in Spain?
The maximum probation period in Spain is regulated by the Workers’ Statute and varies by employee category. For technical graduates and qualified employees, the maximum is six months. For other employees, the limit is two months. Collective agreements may establish shorter periods but cannot exceed statutory maximums.
Specific duration limits apply across employment categories:
- Technical graduates and qualified specialists: Maximum 6 months
- Non-qualified employees: Maximum 2 months
- Companies with fewer than 25 employees: Maximum 3 months for non-qualified workers
- Temporary contracts under 6 months: Maximum 1 month probation
The probation period begins on the first working day and runs continuously unless interrupted by legally protected absences like sick leave or maternity leave, which may suspend the probation clock.
Can the Probation Period Be Extended in Spain?
Spanish labour law does not permit extending probation periods beyond the initially agreed duration or statutory maximums. Once the probation period expires, the employee automatically becomes a permanent worker with full employment rights. Any attempt to extend probation unilaterally is legally invalid and considered abusive.
Employers cannot circumvent this limitation by terminating and rehiring the same employee with a new probation period for substantially similar roles. Courts view such practices as fraudulent evasion of employment protections. The only exception is when an employee is hired for a genuinely different position requiring distinct competencies.
If performance concerns arise during probation, employers must decide before the period ends whether to confirm employment or terminate. Planning evaluation milestones throughout probation helps ensure timely decision-making within legal timeframes.
Employment Rights During Probation Period in Spain
Employees on probation in Spain enjoy nearly identical rights to permanent employees. They receive the same salary, working conditions, social security coverage, and benefits as stipulated in their employment contract and applicable collective agreements. Discrimination based on probationary status is prohibited under Spanish labour law.
Key employment rights during probation include:
- Equal remuneration: Full salary as per contract and collective agreement
- Social security registration: Immediate enrollment in Spanish social security system
- Paid leave entitlements: Pro-rated annual leave accrual
- Workplace protections: Health and safety standards, anti-discrimination laws
- Collective agreement benefits: All applicable perks and allowances
The primary difference is termination flexibility—employers can end employment during probation with minimal notice and without severance pay, provided no discriminatory motive exists.
Salary, Payroll, and Benefits During Probation
Probationary employees in Spain must receive full contractual salary without reduction. Paying lower wages during probation violates equal treatment principles and collective bargaining agreements. Compensation must align with the employee’s job classification and applicable salary scales.
Employers must process regular payroll including:
- Base salary: As specified in employment contract
- Social security contributions: Both employer and employee portions
- Income tax withholding: Standard IRPF deductions
- Supplementary payments: Overtime, bonuses per collective agreement
- Pro-rated benefits: Holiday bonuses (pagas extras) accrual begins immediately
Benefits such as private health insurance, meal vouchers, or transportation allowances must be provided equally during probation if they’re standard employment terms. Delaying benefits until after probation may constitute discrimination unless explicitly permitted by collective agreement.
Termination Rules During Probation Period in Spain
During probation, either party may terminate employment with greater flexibility than permanent contracts. Employers can dismiss probationary employees without providing cause or paying severance compensation. However, termination cannot be discriminatory or violate fundamental rights such as pregnancy, union membership, or whistleblowing protections.
Termination during probation must comply with notice requirements and cannot be arbitrary when prohibited grounds are suspected. Employees dismissed for discriminatory reasons can challenge termination and seek reinstatement or compensation through labour courts. Proper documentation of performance concerns helps defend legitimate business decisions.
Once the probation period expires without explicit termination, the employment relationship automatically converts to indefinite permanent status. Employers lose the simplified termination option and must follow standard dismissal procedures requiring just cause and severance payments.
Notice Period Requirements During Probation
Spanish law does not mandate specific notice periods for termination during probation unless stipulated in the employment contract or collective agreement. Many collective agreements require advance notice ranging from zero to 15 days. Without contractual provisions, either party may terminate immediately without notice.
Common notice practices include:
- No notice required: Immediate termination permitted by default law
- Collective agreement terms: Often 7-15 days written notice
- Contractual agreements: Parties may negotiate specific notice periods
- Good faith practice: Reasonable notice recommended for professional courtesy
Employers should review applicable collective agreements to determine notice obligations. Failure to provide contractually required notice may result in payment in lieu of notice. Clear documentation of termination decisions protects against wrongful dismissal claims.
Can Employees Be Terminated Without Cause During Probation?
Yes, Spanish employers may generally terminate probationary employees without stating cause or providing severance. This flexibility allows assessment of job fit without the procedural requirements of permanent dismissals. However, termination cannot violate fundamental rights or be discriminatory based on protected characteristics.
Prohibited termination grounds during probation include:
- Pregnancy or maternity: Dismissal presumed discriminatory
- Union activity: Protected under freedom of association
- Whistleblowing: Reporting illegal conduct
- Protected characteristics: Gender, race, religion, disability, sexual orientation
- Exercising legal rights: Requesting leave, filing complaints
Employees alleging discriminatory termination can file claims with labour courts. The burden shifts to employers to prove legitimate business reasons. Maintaining performance documentation throughout probation provides crucial evidence supporting lawful termination decisions.
Payroll, Taxes, and Compliance During Probation Period in Spain
Employers must maintain full payroll and tax compliance from the first day of probation. This includes registering employees with Spain’s social security system (Seguridad Social), withholding income tax (IRPF), and making required contributions. Probationary status does not exempt employers from any standard employment obligations or reduce compliance requirements.
Essential compliance requirements include:
- Social security registration: Prior to start date through Sistema RED
- Employer contributions: Approximately 29-31% of gross salary
- Employee contributions: Approximately 6.35% withheld from salary
- IRPF withholding: Based on employee’s tax situation and salary
- Workplace accident insurance: Coverage from day one
Accurate classification under Spain’s social security regime is critical. Misclassification or delayed registration results in penalties, back-payments, and potential criminal liability. Monthly payroll reporting through official channels ensures compliance with Spanish tax authorities.
Common Compliance Risks During Probation Period in Spain
Employers face several compliance risks when managing probation periods in Spain. The most common violations include exceeding maximum durations, failing to document probation in writing, discriminatory terminations, and inadequate social security registration. These errors expose companies to labour claims, penalties, and reputational damage.
Key compliance risks to avoid:
- Undocumented probation: Verbal agreements are unenforceable; must be written in contract
- Excessive duration: Exceeding statutory maximums invalidates entire probation
- Discriminatory dismissal: Terminating protected employees triggers legal liability
- Reduced compensation: Paying lower wages during probation violates equal treatment
- Registration delays: Late social security enrollment incurs fines
- Improper extensions: Attempting to prolong probation beyond limits
Proactive compliance requires understanding applicable collective agreements, maintaining detailed performance records, and ensuring HR teams receive training on Spanish labour law. Regular legal audits help identify and correct violations before they escalate into costly disputes.
Probation Period vs Permanent Employment in Spain: Key Differences
While probationary and permanent employees enjoy similar day-to-day rights in Spain, key differences exist in termination procedures, severance entitlements, and employment security. Understanding these distinctions helps employers structure compliant employment relationships and manage workforce transitions effectively.
| Aspect | Probation Period | Permanent Employment |
|---|---|---|
| Termination flexibility | Either party may terminate freely | Requires just cause and procedure |
| Severance pay | None required | 20-33 days per year worked |
| Notice period | Per contract/collective agreement | 15-30 days typically |
| Salary & benefits | Full contractual entitlements | Full contractual entitlements |
| Job security | Limited protection | Strong dismissal protections |
The transition from probation to permanent status occurs automatically upon probation expiration unless the employer terminates beforehand. Clear communication about performance expectations during probation facilitates smooth conversions and reduces legal risks.
Managing Probation Periods When Hiring Through Employer of Record (EOR)
An Employer of Record (EOR) simplifies probation management in Spain by handling employment contracts, payroll compliance, social security registration, and termination procedures. This allows international companies to hire Spanish employees quickly while ensuring full compliance with local labour laws and collective agreements without establishing a legal entity.
EOR providers manage critical probation period functions:
- Contract drafting: Legally compliant employment agreements with proper probation clauses
- Social security registration: Timely enrollment in Spanish social security system
- Payroll processing: Accurate salary payments, tax withholding, and contributions
- Collective agreement application: Ensuring compliance with sector-specific regulations
- Termination support: Proper notice and documentation for probation endings
Working with an experienced EOR reduces compliance risks, accelerates hiring timelines, and provides expert guidance on Spanish employment regulations. This proves especially valuable for companies unfamiliar with Spain’s complex labour framework and regional variations.
How Asanify Ensures Probation Compliance in Spain
Asanify, the #1 ranked EOR platform on G2, provides comprehensive probation period management for employers hiring in Spain. Our platform automates contract generation with legally compliant probation clauses, manages social security registration, processes payroll with accurate tax calculations, and applies relevant collective agreements based on industry and location.
Our compliance features include:
- Automated contract templates: Pre-approved probation terms aligned with Spanish law
- Real-time compliance monitoring: Alerts for probation expiration and required actions
- Expert local support: Spanish labour law specialists available for guidance
- Integrated payroll: Seamless processing with full tax and social security compliance
- Performance tracking tools: Document evaluations throughout probation period
Asanify’s technology-enabled approach eliminates manual compliance work while providing transparency and control over your Spanish workforce. Our platform keeps you informed of regulatory changes affecting probation periods and employment terms.
Best Practices for Employers Managing Probation Periods in Spain
Successful probation management in Spain requires clear documentation, regular performance feedback, and strict adherence to labour law requirements. Employers should establish structured evaluation processes, maintain detailed records, and communicate expectations from day one to maximize probation effectiveness while minimizing legal risks.
Implement these best practices:
- Written contracts: Always document probation terms in signed employment agreements
- Regular check-ins: Schedule formal evaluations at 30, 60, and 90-day intervals
- Performance documentation: Maintain detailed records of accomplishments and concerns
- Clear criteria: Define success metrics and competencies before probation begins
- Timely decisions: Evaluate and decide before probation period expires
- Legal review: Verify compliance with applicable collective agreements
- Training support: Provide resources and mentorship for new employee success
These practices help employers make informed retention decisions, defend against wrongful termination claims, and build strong employment relationships. Consistent application across all probationary employees demonstrates fairness and reduces discrimination risks.
Your Probation Compliance Guide: Managing Probation Periods in Spain the Right Way
Successfully managing probation periods in Spain requires understanding statutory limits, respecting employee rights, and maintaining rigorous documentation. Employers must balance evaluation flexibility with compliance obligations including equal pay, social security contributions, and anti-discrimination protections from day one of employment.
Your compliance roadmap:
- Pre-hire: Review applicable collective agreements and determine appropriate probation duration
- Contract stage: Include explicit written probation clause with specific duration
- Day one: Complete social security registration and begin full payroll compliance
- During probation: Conduct regular evaluations and document performance objectively
- Before expiration: Make retention decision and communicate formally if terminating
- Post-probation: Confirm permanent status or ensure proper termination documentation
Partnering with legal experts or EOR providers ensures compliance with Spain’s evolving labour regulations. Proactive management prevents costly disputes and builds a foundation for successful long-term employment relationships in the Spanish market.
Frequently Asked Questions About Probation Period in Spain
What is the probation period in Spain?
A probation period in Spain is an initial employment phase, typically 2-6 months depending on job category, during which either party can terminate with reduced notice. It must be documented in writing to be valid.
Is probation period mandatory under labour laws in Spain?
No, probation periods are optional in Spain. Employers may choose to include them in employment contracts, but they are not legally required. Without a written probation clause, employees have permanent status immediately.
What is the maximum probation period allowed in Spain?
The maximum probation period is 6 months for technical graduates and qualified specialists, and 2 months for other employees. Companies with fewer than 25 employees may use 3 months for non-qualified workers.
Can an employee be terminated during probation in Spain?
Yes, employers can terminate probationary employees without cause or severance pay. However, termination cannot be discriminatory based on pregnancy, union activity, or other protected characteristics under Spanish law.
What is the notice period during probation in Spain?
Spanish law does not mandate specific notice during probation unless required by the employment contract or collective agreement. Many collective agreements require 7-15 days notice, but immediate termination is otherwise permitted.
Are employees entitled to benefits during probation in Spain?
Yes, probationary employees receive full salary, social security coverage, and all benefits specified in their contract and collective agreements. Spanish law prohibits reduced compensation or benefits during probation periods.
How does payroll work during probation period in Spain?
Payroll during probation is identical to permanent employees, including full salary, social security contributions (employer and employee portions), and income tax withholding. Employers must register employees with social security before their start date.
How does Employer of Record help manage probation compliance in Spain?
An EOR handles contract drafting with compliant probation clauses, social security registration, payroll processing, tax compliance, and termination procedures. This ensures adherence to Spanish labour law without requiring a local entity.
Manage Probation Periods in Spain the Compliant Way
Asanify helps you structure probation terms, track evaluations, and stay aligned with local employment laws in Spain—reducing risk while building strong teams.