Spain’s Labor Inspection to Crack Down on Trial Period Fraud in Employment Contracts

The Labor and Social Security Inspection is set to launch a campaign aimed at checking for potential non-compliance with the trial period regulations in employment contracts, according to Cadena SER. The department, led by Yolanda Díaz, will focus on companies’ use of the trial period, specifically on contracts that are terminated despite exceeding the maximum trial period duration and dismissals of employees who have previously completed the same tasks without exceeding the trial period.

The Workers’ Statute outlines 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 concern that some companies may be exploiting the trial period fraudulently by delaying until the last days before it ends and 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 use its Anti-Fraud Tool 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, most trial periods have been successfully completed since the labor reform came into effect. It is crucial for companies to adhere to regulations regarding trial periods to ensure fair treatment of employees and compliance with labor laws.