When they make us a work contractit is important to know if it requires a prior trial period, and check if it is correct and subject to labor regulations. Depending on the contracting method, the qualifications of the person hired or other specific criteria, we may encounter different trial periods. In this article we define all the options, and the rights of companies and workers regarding the trial period.
What are trial periods and what characteristics do they have?
The trial periods are periods of time (usually a few months), in which both the company and the hired worker can analyze the convenience or not of the employment relationship they have just begun.
That is to say, The company evaluates whether the worker is suitable for the position, and the employee decides whether the company and the functions he or she performs fit his or her job wants and needs.
Therefore, it has to do with making decisions regarding adaptation to the position, from a bidirectional point of viewand not so much with the unilateral performance evaluation that can be carried out from management.
One of the main characteristics of this period is the possibility of breaking the employment relationship, without the obligation to give advance notice in advance to the other interested party.
Some main characteristics that the trial period must meet They are included in the Workers’ Statute, and are the following:
- It is usually expressed in writing in the employment contract.
- The duration of the same the agreement will establish it collective in force. If there is no specific definition in the agreement, the following types of trial period are stipulated:
- 6 months in the case of qualified technicians.
- 2 months for the rest of the workers.
- 3 months for workers who are not qualified technicians, as long as the company has less than 25 workers.
- 1 month for temporary contracts
- If the worker has already carried out the same activity in the same company Previously, said trial period cannot be stipulated.
- Once finished this period, without either party having decided to terminate the employment relationship, said trial period will count for the purposes of seniority in the company.
Other particular considerations that you should know
It is important to remember that, despite being in trial perioda worker will have the equal rights than the rest of the employees. Also, of course, the same obligations.
Nevertheless, if the contractual relationship is voluntarily broken During the trial period by either party, the worker will not have the right to receive compensation. Yes, he will be entitled to the part corresponding to the accrued vacation, which will be included in the settlement.
Exceptionally, furthermore, the trial period can be interrupted in some cases. For example, in cases of temporary disability, birth or adoption, fostering gender violence or risk during pregnancy, among others.
It is worth highlighting, as a special situation, the pregnancy of a worker. As stipulated in the Workers’ Statute, the company cannot terminate the employment relationship from the beginning of the pregnancy until the period of suspension of the contract indicated in article 48, regardless of whether the person is in a period of test.