The Labor Inspection launches a campaign against the abuse of dismissals at the end of the six-month trial period in permanent contracts. This type of dismissal has increased spectacularly since the entry into force of the labor reform, although it is true that the figures must be framed in the context of the large increase in permanent contracts, following the application of the labor reform.
To see this increase, you can compare the figures for 2021, the last full year prior to the labor reform, with 3,588 dismissals for not passing the trial period, which jump to 34,173 in the total for 2023. An increase of 852%, according to the data managed by the UGT and CC.OO study services. However, the jump also has a lot to do with the increase in the number of signed permanent contracts. If examined as a percentage, the increase in dismissals for not passing the trial period is 4.8 percentage points. From 2.5% in 2021 to 7.2% in 2023.
For its part, the Ministry of Labor estimates the increase in sick leave at 6% from before the labor reform to the present.
The increase in these dismissals, arguing that the test has not been passed, leads the inspection to suspect a possible fraudulent use of this legal figure, which is why it has launched an inspection campaign that will be followed by the corresponding sanctions if confirmed. the abuse.
The campaign focuses on the most common breaches in permanent contracts, both part-time and full-time. Those that are canceled when the maximum duration of the test has already been exceeded will be especially analyzed, and also when a worker is dismissed for not passing the test when he had already been hired previously to perform the same task; although the truth is that this second case is not admitted by the Workers’ Statute, which specifies that a person who has already performed certain functions cannot undergo a new trial period. This information has been advanced by Ser and confirmed by La Vanguardia.
The current regulations establish for indefinite contracts a trial period of a maximum of six months for qualified technicians, which is limited to two months otherwise, and for temporary contracts of up to six months, the trial period cannot exceed one month. .
The Ministry of Labor highlights that this campaign responds to the desire not to allow trial time to become an excuse for fraud and they point out that they will look for potential irregularities to prevent some companies from using formulas that harm the rights of workers and free competition between companies.
