Base Legal Del Periodo De Prueba


The trial period is the initial phase of the employment contract, through which a mutual evaluation between the employer and the employee takes place. This allows the employer to verify that the server meets the requirements and requirements for which it was hired. · In any contract of indefinite duration, the first two months are considered as a sample. The judicial authority has repeatedly pointed out that this period is a period during which the employer can terminate the employment relationship without it being necessary to justify a legitimate reason provided for by law. Given the purpose of the trial period, it is necessary for companies to implement an internal and special process to evaluate employees in the trial period on a monthly basis and give them the opportunity to overcome the identified gaps. Then you can proceed to the termination of the contract without taking any legal risks. Employees who provide services under this modality have the same rights and obligations as indeterminate employees, in relation to the time spent during each period. Current labour legislation stipulates that the probationary period is three months. Once overcome, the worker acquires protection against arbitrary dismissal, is hired as a permanent employee for an indefinite period. The exception is for part-time workers who do not have this protection. It is stipulated that it is possible to extend the trial period to six months in the case of trusted workers or specialized technicians and to twelve months if they are employees of management. If the trial or initial training periods end and the employment relationship continues, it will be taken into account indefinitely and the validity date of these will be calculated for the calculation of seniority. According to the provisions of article 81 of the Labour Code, the probationary period is the first 2 months for contracts of indefinite duration.

The trial period may be shorter if it is carried out by mutual agreement between the parties. During this period, either party may terminate the employment contract with or without giving reasons, without being liable for it. The probationary period is the period during which an employee`s performance is observed in a particular job for which he or she was hired and in the performance of the work during which the employer decides whether or not to continue the employment relationship. Within the same undertaking or establishment, probationary or initial training periods may not be applied simultaneously or successively to the same worker, no more than once, even in the case of different jobs or promotions, even if the employment relationship with the same employer arises in order to guarantee the worker`s social security rights. Any employee who works during the probationary period benefits from all the rights and benefits granted by labour law. Finally, the Labour Code prohibits the simulation of the probationary period in order to avoid recognition of the inalienable rights of workers and establishes joint and several liability in the event that one or more companies recruit employees to provide their services to another company, thus obliging the company for which it is recruited to: to be responsible to the workers concerned. The probationary period referred to in the preceding paragraph may be extended to one hundred and eighty days only for employees in charge of management, managers and other persons who exercise general managerial or administrative functions in the undertaking or establishment or who perform particular technical or professional tasks. The existence of a competitive world obliges companies to have the right staff to achieve their objectives, always through appropriate legal mechanisms. The current labour legislation is not unrelated to this need and regulates the probationary period.

This period at the beginning of the contract allows the employer to evaluate the performance of employees in order to renounce those who do not provide the desired performance and retain those who meet their expectations. This extension must be made in writing and, in conjunction with the initial period, must not exceed three months in the case of trusted persons and 1 year in the case of managers. According to Article 10 of D.S. No. 003-97-TR, the probationary period is three months, after the expiry of which the employee enjoys protection against arbitrary dismissal. The employment relationship with a probationary period or initial training shall be recorded in writing and shall guarantee the social security of the worker; Otherwise, it is assumed that it is an indefinite period and that the employee`s social security rights are guaranteed.