The Labor and Social Security Inspection will be focusing on monitoring the use of trial periods by companies, as reported by Cadena SER. The department, led by Yolanda Díaz, aims to identify any potential non-compliance related to trial periods in employment contracts. The Workers’ Statute specifies that the trial period should not exceed six months for qualified technicians or two months for other workers, unless specified otherwise in the agreement. There is suspicion that some companies are misusing trial periods by extending them until the last days before they end, and even applying multiple trial periods to the same employee.
Labor Inspection sources have confirmed that they will be particularly scrutinizing contracts that are terminated for exceeding the trial period, as well as dismissals of workers who were not given a new trial period despite performing the same tasks previously. This goes against regulations, which state that an employee should not have to undergo a new trial period for the same role. The Labor Inspection will use the Anti-Fraud Tool to identify any irregularities and prevent companies from abusing trial periods for their own benefit.
According to Cadena SER, dismissals during the trial period increased by 848% in May 2022, following the labor reform that restricted the use of temporary contracts. Despite this, the majority of trial periods have been successfully completed. The Labor Inspection is determined to prevent companies from exploiting trial periods for their own gain, as they believe this undermines the rights of workers and creates unfair competition. By using the Anti-Fraud Tool, the Inspection aims to ensure that companies adhere to the regulations and treat their employees fairly.