Permanent contracts can also last several weeks; During the trial period the company generally, Terminate the employment relationship without giving compensation and without proving any reason. Its use has been increasing since the 2022 labor reform; According to Colpisa, the number of casualties collected was about 3.2 million.
Information can be collected in the Social Security Table: Between January 2022 and August 2026, 3,188,254 dismissed for not passing the test with indefinite contracts; 2026 data is tentative.
The above points must be taken into consideration: In 2025, 723,763 were registered, compared to 75,004 in 2021.Which is about ten times more. If we compare it to 2019 (just before the pandemic), the number was 132,534, and the last full year multiplied this number by 5.46.
We have already talked about the rebound in this layoff. The difficulty with this pose is that An indefinite contract has no end date; However, this is something that does not prevent it from ending during the exam. For those who have changed jobs, such possibilities may affect the stability provided by contracts and unemployment protection.
A company can part with an employee because he or she doesn’t fit the position, but it can also (and this is where the trick comes in) use the test for temporary needs. The statistics we know do not allow us to calculate how many of these cancellations are fraudulent, or to attribute them to a single cause.
Royal Decree 723/2026, published in the Official State Gazette (BOE) and in force since October 5, reinforces Obligation of the company to provide written information about the trial period. The general regime of labor relations of more than four weeks requires the specific duration of the test and the obligation to perform it to be communicated in writing, although it retains the possibility of terminating the contract without automatic compensation.
The function performed must also be indicatedDistinguishing between base pay and supplements, and calculating variable amounts of remuneration, as well as clearly specifying working days, work shifts and holidays. If algorithms are used to make decisions about work conditions, their existence and operating rules will be reported. For contracts prior to October 5, pending information may be requested and must be sent within thirty business days.
For new hires, These conditions will be communicated prior to commencement of work; This can be included in the contract or in an additional document in paper or electronic format. Information already provided to the worker, if complete and in his possession, need not be repeated.
There are limits to testing
It is important to know that there is a precision when taking the six-month trial. Article 14 of the Statute mentions the first Provisions of collective agreement; If it does not establish a longer period, a maximum period of six months is imposed for qualified technicians and two months for other employees. In organizations with less than 25 employees, a maximum of three months for those who are not qualified technicians.
The statute also states that, When the same function has been previously performed in the same companyTermination of trial contract, regardless of previous contract procedure.
Similarly, statutes guarantee rights Protection against termination due to pregnancy or maternityUnless there are reasons related to pregnancy or maternity. and while the worker is on probation, he will have rights and obligations related to his work, except those related to the termination of the contract; Absence of an obligation to indemnify does not exempt the company from the obligation to pay remuneration for work performed.
The specification of this examination period is not an obligation discovered in October 2026 and recalls the doctrine of Supreme Court Judgment 551/2025 of June 5, 2025, published in the BOE. Mentioning a collective agreement that does not set a specific period, but only an upper limit, is not sufficient. If the contract stipulates a proper period, the referral may be valid.
The judgment also recalls that the purpose of the test is to verify the suitability of employees for work, making it clear that freedom of decision-making. Does not protect discriminatory decisions or violations of fundamental rights.
If the probationary period is invalid or the dismissal is discriminatory, The employee may challenge the termination. Article 103 a of the law governing social jurisdiction Twenty business day period to claim for dismissal; The rules of this chapter also apply to challenging other corporate winding-up decisions with the necessary specialization. Therefore, it is time to expire; It’s worth reviewing contracts and cancellation notices to avoid losing days.
Risks when changing jobs
D Unemployment benefits Deserves separate explanation. The State Public Employment Service includes among the legal circumstances of unemployment the conditions of termination and how the previous employment was terminated for not passing the test at the initiative of the employer. Just because the company terminates the employment relationship with a worker during a probationary period does not mean that he is automatically deprived of all rights to unemployment benefits.
You must meet the requirements related to the benefit you are requesting. But there is a notable exception for those who leave one job to join another. SEPE explains in the FAQ on Voluntary Withdrawal that if the second company terminates the employment relationship for not passing the test before three months have passed since the voluntary departure from the previous employment, You will not be eligible for unemployment benefits.. The reason and date on which the first act was terminated may be decisive.
The trend continues, unfortunately. Withdrawals of workers with indefinite contracts for failing tests, recorded between January and August 2026, were 505,065, compared to 478,268 in the same month of 2025: an increase of 5.6%. Of course, these are provisional data and before the effective date of the decree.
Picture | Wikimedia Commons with edits
