Labor and Social Security Inspections to Check for Trial Period Non-Compliance in Employment Contracts

The Labor and Social Security Inspection will soon launch a campaign to check for potential non-compliance with the trial period regulations in employment contracts. This was reported by Cadena SER. The department, led by Yolanda Díaz, 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. Additionally, the inspections will target cases where employees are subjected to a new trial period for the same functions.

The Workers’ Statute states that the trial period should not exceed six months for qualified technicians or two months for other workers, with the possibility of shorter periods as specified in individual agreements. However, there is suspicion that 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. Therefore, it is crucial for companies to adhere to these regulations in order to ensure fair treatment of employees and compliance with labor laws.

Through their Anti-Fraud Tool, the Labor Inspection aims to identify irregularities and prevent companies from exploiting the trial period to undermine workers’ rights and fair competition. Despite concerns about fraudulent use of the trial period, a majority of trial periods have been successfully completed since labor reform came into effect.

In conclusion, it is essential for companies to comply with regulations regarding trail periods in order to treat their employees fairly and avoid any potential legal issues down the line.