Probation periods in Spain

Overview

A probation period lets either you or your employer end the contract with no notice and no severance, during a limited window at the start of employment. Spanish law caps how long that window can be, depending on your contract type and role.

Requirements

• The probation period must be written into your contract — it doesn't apply automatically if it isn't stated
• Maximum lengths are set by law and can be shortened (but not extended) by your sector's collective agreement

Step-by-step process

• Check your contract for an explicit probation clause and its stated length
• For an indefinido (permanent) contract: up to 6 months for university-qualified/technical roles, up to 2 months for everyone else, unless your convenio colectivo sets a shorter period
• For a temporary contract of 6 months or less: probation is capped at 1 month, unless the collective agreement says otherwise
• For training contracts: typically 1 month (vocational-training-linked roles) or up to 2 months (higher vocational qualifications)

Required documents

• Signed contract stating the probation clause and length

Common mistakes

• Assuming you have no rights during probation — you're still entitled to your agreed salary and registered social security cover from day one
• Not checking whether your convenio colectivo sets a shorter probation period than the general legal maximum

Practical tips

• Either side can end the contract during probation with no notice period and no severance — but you're still owed any salary earned up to that point
• If you were previously employed by the same company in the same role, prior time served may count against a new probation period

How Tuchati can help

If your contract's probation clause looks longer than the legal maximum for your situation, Tuchati can help you check it against your applicable convenio colectivo.