Employment contract

Trial Period Calculator: Spain 2026

Calculate trial period duration under Art. 14 ET (2-12 months by category), suspensions for sick leave or maternity, and the exact expiry date.

Employee category

Duration agreed in CBA or contract (months)

months

If the CBA sets nothing, the legal maximum of 2 months applies.

Contract start date

Suspension days (sick leave, maternity, etc.)

days

Art. 14.3 ET: suspends the count

The employee already worked in the same role at this company

Trial period duration

Applicable duration

months

Total days (incl. suspensions)

calendar days

Legal maximum (Art. 14.1 ET): 2 months
Agreed in CBA or contract: Not specified (legal maximum applies)
Count suspension: No suspension

During the trial period, either party may withdraw freely without giving reasons, without notice and without compensation (Art. 14.2 ET).

Events that suspend the trial period (Art. 14.3 ET)

Temporary incapacity (sick leave or accident)
Risk during pregnancy or breastfeeding
Maternity / paternity (birth leave)
Adoption or foster care

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Art. 14 ET (RDLeg 2/2015) · Ley 3/2012. Check your collective bargaining agreement. Indicative calculator.

Legal basis

Maximum legal duration (Art. 14.1 ET): The trial period maximum is 6 months for qualified technicians, 2 months for general workers in companies with 25 or more employees and 3 months in companies with fewer than 25. CBAs may reduce but not exceed these limits.

Free withdrawal (Art. 14.2 ET): During the trial period, either party may withdraw without cause, notice or compensation. After it expires, the employee acquires permanent status and dismissal requires justified cause.

Suspension of running (Art. 14.3 ET): Sick leave, pregnancy risk, maternity, paternity and adoption suspend the trial period. It resumes from where it was suspended once the employee returns.

Indefinite contract for under-30s (Ley 3/2012 Art. 4): In companies with up to 50 employees hiring workers under 30 on an indefinite contract without prior employment at the company, a trial period of up to 1 year may be agreed.

Other labour tools

Severance pay calculator Overtime calculator Collective dismissal (ERE)

Trial period FAQ

How long is the trial period in Spain?

Art. 14.1 ET: 6 months (qualified technicians), 2 months (company with 25+ employees), 3 months (fewer than 25). Ley 3/2012: up to 1 year for indefinite contracts for under-30s in companies with up to 50 employees.

Can you dismiss without compensation during the trial period?

Yes. Either party may withdraw without cause, notice or compensation (Art. 14.2 ET). After the period, the employee becomes permanent and dismissal requires justified cause.

What events suspend the trial period?

Art. 14.3 ET: sick leave, pregnancy/breastfeeding risk, maternity, paternity, adoption and foster care. The period resumes after return to work.

Can you agree a trial period if the employee has worked there before?

No. Art. 14.1 ET para. 2 expressly prohibits it when the employee has performed the same functions. The agreement is null and void.

Questions about your probationary period?

Lexiel explains maximum duration by category (art. 14 ET), rights during the probationary period and whether dismissal during the trial can be unfair.

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