The Labor and Social Security Inspection is set to launch a campaign to investigate companies’ use of the trial period, as reported by Cadena SER. The department, led by Yolanda Díaz, will focus on cases where companies may be exploiting the trial period regulations in employment contracts. According to sources within the organization, the aim is to check for potential non-compliance with the trial period rules in employment agreements.
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 are concerns 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.
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 reform that limits temporary contract use. To identify irregularities and prevent companies from exploiting trials periods for unfair treatment of workers and non-compliance with labor laws, The Labor Inspection has developed an Anti-Fraud Tool.
Despite these concerns about fraudulent use of trials periods, most trials have been successfully completed since labor reform came into effect. It is essential for companies to adhere to regulations regarding trail periods to ensure fair treatment of employees and compliance with labor laws.