How many trial periods does a worker have?

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This trial period is necessary for both the employee and the company. During this time, the employer will test whether the employee is suitable for the position and the employee will test whether the work is as expected. Both parties can terminate the contract during this period without justification . If you are going to start a new job and have doubts about the trial period, it is best to put yourself in the hands of professionals in Labor Law who will guide you and tell you what your rights are, whether you are an employee or a company. Thus, the lexway.es office is specialized, among others, in the branch of Labor Law and will be able to advise you.


Although the trial period is expressly set out in the agreement or in the Workers' Statute, it does not apply automatically but must be expressly agreed upon in the contract.

Furthermore, this trial period will be interrupted in situations of dentist database temporary disability, birth, adoption, custody for adoption purposes, foster care, risk during pregnancy, risk during breastfeeding and gender violence ( art. 14.3 Workers' Statute ).

Taking these concepts into account, we wonder how many trial periods an employee has within the same company. That is, if a company hires an employee throughout the year through different temporary contracts, does he have a new trial period each time he is hired?

The answer is given to us by section 1 of article 14 of the Workers' Statute:



Any agreement establishing a trial period shall be void when the employee has previously performed the same functions in the company, under any type of contract.


If an employee has previously worked for a company performing the same duties, he or she cannot have another probationary period . It does not matter how he or she was hired (temporary or permanent). In fact, if you have already worked for a company, and it hires you again and terminates the contract stating that the probationary period has not been passed, it will be void and considered unfair dismissal .

However, there are certain cases that may give rise to doubt about how many trial periods the worker has or whether or not there is such a period.

Surrogacy
What happens in the event of subrogation? The new company cannot impose a trial period on the workers since in the case of subrogation a new contract is not signed but the incoming company assumes all previous contracts and the employment relationship that already existed with the outgoing company is maintained.

Change of job
There are several possible situations here:

The company changes my workplace: if an employee is affected by geographical mobility , he or she has the right to accept the transfer or terminate the contract. If he or she accepts the transfer, there is no trial period as he or she simply moves to another workplace but his or her contract remains the same.
Functional mobility:
For an equivalent position , the same thing happens as in the previous case. Since there is no new contract, there is no need for a trial period.
Different position : if you have worked for a company and they hire you again but you perform different functions, there IS a trial period here
Promotions : no new contract is signed, simply a change in duties, so there is no trial period.