The Council of Ministers has approved, on the proposal of the Ministry of Labour and Social Economy, the draft law for the transposition of the European directive on transparent and predictable working conditions. Among other measures, this directive prohibits a collective agreement from extending a worker’s probationary period. The measure places limits on how probation can be used, ensuring clearer boundaries between employer flexibility and employee security. This step aligns national practice with Europe-wide standards, reinforcing predictable terms of employment and safeguarding workers from overly extended trial periods that may blur the line between onboarding and long-term hire. The government emphasizes that predictable conditions promote fair competition and help workers assess their roles with greater clarity from the outset, while still allowing for legitimate variations in certain job profiles. The proposal reflects a broader push to harmonize labor standards across member states and strengthen the rights of workers in a rapidly evolving job market, as noted by the ministry’s representatives who advocate for transparent employment terms as a cornerstone of fair work. Source: Ministerio de Trabajo y Economía Social.
The new rule sets a maximum probation period of six months for technically trained professionals and two months for other workers. This distinction acknowledges the differing onboarding timelines tied to education and professional specialization. By clearly defining these timeframes, employers and employees gain a mutual understanding of when performance evaluation should occur and what indicators will determine continued employment. The six-month limit for specialized technicians reflects the time needed to verify advanced competencies, while the shorter window for other staff aims to balance readiness with practical workforce planning. The policy intends to reduce ambiguity that can arise from indefinite or poorly defined probation, helping both sides assess fit in a structured way.
For fixed-term and temporary contracts, if the agreement spans six months or more, the probation period cannot exceed one month. When contracts are shorter, the probationary phase is reduced proportionally. This proportional approach ensures that probation remains meaningful relative to the contract length, preventing a disproportional extension that would unduly affect a worker’s security for shorter assignments. It also encourages employers to design projects and hiring timelines that reflect realistic milestones, while protecting individuals from lengthy trial periods in temporary roles. The rule is designed to harmonize contract length with performance evaluation timelines, ultimately contributing to clearer expectations and more stable employment relationships.
The minister responsible, Yolanda Díaz, underscored that collective agreements cannot extend the duration of these probation periods. This point reinforces a uniform baseline across sectors, preventing variations that could otherwise undermine the directive’s intention. By setting a clear ceiling that applies regardless of sector or specific collective bargaining arrangements, the new framework aims to deliver consistent protections for workers while still allowing room for legitimate sector-specific adaptations. The overarching aim is to strike a balance between employer flexibility and worker security, ensuring that probation remains a fair, well-defined phase rather than a vague, easily extended period. The ministry emphasizes that these measures will be scrutinized in practice to ensure enforcement and fairness across workplaces.