What are the probation periods in Spain?

In Spain, the regulation of probation periods is outlined under the Workers’ Statute, with specific durations typically set by collective bargaining agreements. Generally, for qualified technicians, the probation period cannot exceed six months, whereas for other employees, it is capped at two months. In smaller companies with fewer than 25 employees, this period can be extended to three months for non-technical roles.

During these probationary periods, employees are granted the same rights and responsibilities as after passing the probation, including salary, social security contributions, and working conditions. Both employers and employees can terminate the employment contract during this time without prior notice and without the need for just cause, provided the termination is not based on discriminatory reasons or violates fundamental rights.

It's important to note that probation periods are optional and must be agreed upon in writing at the start of the employment relationship. Absence of such an agreement in writing means the employment is considered without a probation period.

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