---
title: "Spain Probation Period 2026 | Statutory Caps"
description: "Spain probation 2026: 2 months cap for most workers, 6 months for technical staff. Zero notice to terminate. Unfair dismissal protection from day one."
canonical: https://www.teamed.global/country-hiring-guides/spain/probation-and-onboarding
---

Spain · Probation and onboarding child

Served by Teamed vetted partner-entity network in Spain

# How does *Spain probation* work in 2026?

Spain sets hard statutory caps in the Estatuto de los Trabajadores. Most workers can be placed on no more than 2 months probation. Qualified technical staff get up to 6 months. During probation either side can walk away with zero notice, instantly. Spain also has no qualifying period for unfair dismissal protection: protection starts from day one of employment, not after a waiting period.

Last reviewed 13 June 2026 · Spain guide

![A sunlit office courtyard in Madrid with terracotta tiles and a clear blue sky.](/images/country-guides/spain-probation-and-onboarding.webp)

Illustration · Madrid, Spain

Answer.cite this

Spain caps probation by law. Most workers: 2 months maximum. Qualified technical staff: 6 months maximum.

Either side can end the contract during probation with no notice at all. Zero notice is the law, not a convention.

After probation, the employer must give 15 days notice for an objective dismissal. The employee must give the same to resign.

Spain does not have a qualifying period for unfair dismissal. Protection applies from the first day of employment.

![A manager and new hire reviewing a contract together at a bright modern desk.](/images/country-guides/spain-probation-and-onboarding-polaroid-1.webp)

Day one paperwork

## What does Spain probation actually do?

Spanish probation is a statutory and contractual mechanism. The Estatuto de los Trabajadores sets the caps.

It modifies notice: either side can leave with no notice during probation.

It does not remove day-one rights. Discrimination protections and unfair dismissal protection apply from the start.

What probation modifies under Spanish law ([Estatuto de los Trabajadores Art. 14](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430)):

- **Zero notice on both sides.** During probation, either party can end the employment immediately, with no notice period. This is the most striking feature of Spanish probation compared with most other European systems.
- **Short, fixed caps.** The contract cannot set a probation period longer than 2 months for most workers, or 6 months for qualified technical staff (titulados). Collective agreements may set shorter periods.
- **No severance during probation.** Because either side can terminate freely without notice, no statutory severance is owed if the employer ends employment during the probation window.

What probation does **not** change:

- Unfair dismissal protection applies from day one. Spain has no qualifying period. An employer who terminates during probation for a discriminatory reason, or to prevent a worker from exercising a legal right, faces a challenge regardless of where they are in the probation period.
- The ordinary working week remains 40 hours per week under Art. 34. This applies from the first day.
- Paid annual leave of 22 days working days per year begins accruing from day one under Art. 38, not after probation passes.
- Public holiday entitlement (14 days per year, combining national, regional and local days) applies throughout.

## How long should Spain probation be?

The cap depends on the worker category. Most roles: 2 months. Technical graduates: 6 months.

These are statutory ceilings. The contract or collective agreement can set a shorter period.

Spain has no qualifying period for unfair dismissal, so a longer probation does not extend any protection window.

Probation length by role type (Spanish law and mid-market practice):

| Role type | Legal maximum | Notes |
| --- | --- | --- |
| Customer support, junior admin, sales reps | 2 months | Standard cap for non-technical workers |
| Mid-level engineering, operations, marketing | 2 months | Most office roles fall into this band |
| Qualified technical staff (titulados) | 6 months | Applies to university-educated specialists; must be stated in contract |
| Senior management (non-technical) | 2 months | The cap applies regardless of seniority |
| Senior management (with technical qualification) | 6 months | Only where the titulado classification genuinely applies |

### The no-qualifying-period reality

In countries like the UK or Germany, a longer probation gives the employer more time before full dismissal protection kicks in. Spain is different. The unfair dismissal rules under Arts. 54 to 56 of the Estatuto de los Trabajadores apply from day one of employment. There is no separate qualifying period before those protections start.

What probation does change is the ease of exit: during probation, either side can leave without notice and without severance. Once probation ends, ending the employment requires a lawful reason, 15 days notice for an objective dismissal, and severance pay if the reason falls under the objective or collective dismissal rules. The practical pressure to move quickly if a hire is not working is real.

There are no pending legislative changes in Spain comparable to the UK Employment Rights Act 2025. The probation caps under Art. 14 have been stable since the current Estatuto de los Trabajadores was consolidated in 2015.

## Fair procedure during probation: the trap most employers fall into

Spain allows termination without notice during probation.

But a termination can still be challenged if the real reason was discriminatory or retaliatory.

Keeping a basic record of performance concerns during probation is the low-cost defence.

The procedural floor during Spanish probation:

1. **The probation clause must be in the written contract.** An oral probation agreement has no legal effect. The contract must state the length of probation and the worker category. Without a written clause, the employee is treated as permanent from day one.
2. **No notice is required to terminate.** Either side can end the employment at any time during the probation period with immediate effect, by law. There is no process requirement equivalent to the UK fair-procedure obligation.
3. **The reason still matters.** Terminating during probation because the employee is pregnant, has joined a union, is a whistleblower, or has another protected characteristic is unlawful regardless of the probation status. These dismissals can be declared null and void by a labour court (juzgado de lo social). Reinstatement, not just compensation, is the typical remedy.
4. **Document the real reason.** If performance or fit is the genuine reason, a short written note in the file stating what was observed and why the decision was made costs almost nothing and protects the business if the departure is later challenged.
5. **Issue a written communication.** Although no formal notice period is required, ending employment in writing (rather than by a verbal conversation alone) creates a clear record of the termination date and prevents disputes about when employment actually ended.

The practical bar is low compared with other European jurisdictions. The risk is not procedural deficiency, it is a discrimination or retaliation claim. Getting the documentation right is the primary protection.

1. Write the probation clause into the contract The clause must state the length and the worker category. Without a written clause, the employee is treated as permanent from day one and the probation rules cannot be applied.
2. Register with Social Security before day one The alta (registration with the Seguridad Social) must be completed before the employee starts work. Late registration is a legal violation and leaves the worker without coverage.
3. Set clear performance criteria from the start Document what passing probation means for this role. Written criteria agreed at the start give the review a clear basis and protect the employer if the departure is later challenged.
4. Hold a review meeting before the deadline For a two-month probation, this means a review at or before day 55. For a six-month probation, a mid-point check at day 90 and a final review before day 175.
5. Confirm the decision in writing Whether the employee passes or the employment ends, confirm the outcome in writing. A written record of the termination date is essential to prevent disputes about when employment actually ended.

## Probation extensions: when and how

The statutory caps under Art. 14 are hard ceilings.

Once the probation period in the contract expires, the employee is confirmed. There is no mechanism to extend beyond the cap.

Within the cap, a shorter contractual period can be extended in writing up to the statutory maximum.

Extension options are narrower in Spain than in common-law jurisdictions:

- If the contract sets a one-month probation for a non-technical role, the parties can agree in writing to extend it to the maximum of 2 months. The agreement must be documented and signed before the original period expires.
- If the contract sets the full 2 months for non-technical workers, or the full 6 months for titulados, no further extension is possible. Collective agreements sometimes set shorter periods that cannot be increased even by individual agreement.
- Illness or other absence during probation: Spanish case law generally allows the probation clock to pause during periods of incapacity (incapacidad temporal). This is not stated explicitly in Art. 14 but is consistently applied by the labour courts. The contract should address this or legal advice sought before relying on it.

When the assessment is close to the wire:

1. **Hold a review meeting before the period expires.** Do not let the deadline pass without a clear decision.
2. **Document the concerns and the decision in writing.** Both the decision to extend (if within the cap) and the decision to end employment need a written record.
3. **Act before the deadline.** If the employer wants to end the employment using the probation route, the communication must happen before the period expires. A termination after probation ends requires a lawful objective reason, notice, and potential severance.
4. **Do not rely on a verbal agreement to extend.** Any extension must be in writing to be enforceable.

## The 30-60-90 day onboarding standard

Good Spain onboarding follows a 30-60-90 day structure.

For roles with a 2 months probation, day 60 is the final review checkpoint.

For technical roles on a 6 months probation, the 90-day review is a mid-point check and day 180 is the final checkpoint.

| Phase | Day range | Manager focus | Employee focus |
| --- | --- | --- | --- |
| Orientation | Days 1 to 30 | Introductions, systems access, role context, compliance training | Learn the processes, understand the team, build early relationships |
| Contribution | Days 31 to 60 | First independent work, structured feedback, assess fit | Deliver first outputs independently, ask clarifying questions |
| Independence (or growth) | Days 61 to 90 | Full role ownership for 2 months probation review; mid-point check for 6 months probation | Demonstrate role readiness, flag concerns before the review |

For most Spanish hires, the probation review falls at or before day 60 because the cap is 2 months. This is shorter than most European markets. The manager needs to reach a view and communicate it quickly. A hire who first hears about performance concerns at day 55 has had almost no time to respond, which weakens the employer's position if the decision is later challenged.

For titulado hires on a 6 months probation, the 90-day review is a genuine mid-point assessment. The meaningful final checkpoint falls at or before day 180. Early, documented feedback across both phases is the standard that holds up if a labour court ever reviews the employment record.

Day-one onboarding obligations under Spanish law include registering the worker with Social Security (alta en la Seguridad Social) before work starts. The registro is an employer obligation, not optional. Late registration exposes the employer to Social Security penalty and leaves the worker without coverage from day one.

## How does Teamed handle Spain probation and onboarding?

Teamed becomes your legal [employer of record](/employer-of-record) in Spain for [**from $599 per employee per month**](/pricing), with **zero FX mark-up** in any currency.

Contract drafting, Social Security registration, probation review support, and termination process all run on **one platform**.

**Real HR and legal experts** handle your Spanish hires from the first offer letter through every review meeting and probation outcome. **An actual person**, not a chatbot or a pooled queue. There is **no setup fee** and **no exit fee**. Employer cost **passes through at cost, itemised** on every invoice.

Most clients start with a single hire. They stay because the model works. Teamed works for teams that are small until it isn't, and for hire number one as readily as hire number fifty. Every Spanish employee receives a contract drafted by someone who knows what a convenio colectivo does to a probation clause, and what a missing alta registration costs. A graduate hire in Madrid gets the same quality of setup as a seasoned director.

Teamed's standard Spain service for probation and onboarding:

- Spanish contract drafted with the correct probation clause: 2 months for general staff or 6 months for titulados, matching the worker category and any applicable collective agreement (convenio colectivo)
- Social Security registration (alta) completed before the employee's first day, meeting the legal obligation under the Ley General de la Seguridad Social
- Probation review guidance provided to client managers at the relevant checkpoints: for a 2 months probation, a review prompt at day 45 and final review before day 60
- Written termination communication drafted and issued by Teamed if a probation dismissal is agreed, creating a clear record of the termination date
- Documentation kept centrally: performance notes, review outcomes, termination records
- If the hire is a titulado on a 6 months probation, a second review prompt issued at day 150 ahead of the day-180 final checkpoint

The split is clear. The client owns the relationship and the performance assessment. Teamed owns the procedure, the Spanish-law contract, and the compliance mechanics. That combination keeps probation departures defensible without the client needing to know the finer points of Art. 14 of the Estatuto de los Trabajadores.

Key sources: [Estatuto de los Trabajadores (BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430) and [Gobierno de Espana: end of contract guidance](https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/trabajo-jubilacion/condiciones-trabajo/finalizacion-contrato.html).

## Frequently asked questions

What is the maximum probation period in Spain?

It depends on the worker category. For most employees, the statutory maximum is 2 months under Article 14 of the Estatuto de los Trabajadores. For qualified technical staff (titulados), the maximum is 6 months. Collective agreements may set shorter periods. No contract can exceed these caps, and any clause that tries to will be reduced to the statutory maximum by a labour court.

Do you have to give notice to terminate during probation in Spain?

No. Either the employer or the employee can end the employment during probation with no notice. This is one of the most distinctive features of Spanish employment law. Zero notice is the statutory rule under Article 14. After probation ends, the employer must give 15 days notice for an objective dismissal and the employee must give 15 days to resign.

Does unfair dismissal protection apply during probation in Spain?

Yes, from day one. Spain does not have a qualifying service period before unfair dismissal protection starts. An employer can end a Spanish employment contract freely during probation, but not for a discriminatory reason, not in retaliation for exercising a legal right, and not to prevent the worker from gaining a benefit they are entitled to. These types of dismissal can be declared null and void by the labour court, with reinstatement as the typical remedy.

What happens if the probation period is not written into the contract?

If the probation clause is not in the written employment contract, it has no legal effect. The employee is treated as a permanent worker from their first day. Any attempt to dismiss under the probation rules after the fact will fail. The written contract must be in place before work starts.

Does annual leave accrue during probation in Spain?

Yes. Statutory annual leave of 22 days working days per year accrues from the first day of employment under Article 38 of the Estatuto de los Trabajadores. It is not suspended or deferred because the employee is in their probation period. The same applies to the 14 public holidays per year. Both entitlements apply throughout.

Teamed Legal Operations

The zero-notice rule during Spanish probation surprises clients every time. They expect a few days at minimum. The law says none. That speed is also the risk: because the employer can act instantly, the pressure to have a written record of why they acted falls entirely on the documentation they kept during the probation period. The clients who keep notes are the ones who walk away clean.

A note from Tom Price-Daniel

Spain caps probation at 2 months for most workers and 6 months for technical staff, and there is no flexibility beyond those ceilings.  
During that window, either side can leave with no notice at all. After it closes, the post-probation rules apply immediately.  
Unfair dismissal protection starts from day one. Getting the probation period right is not optional.

Tom Price-Daniel · Co-founder, Teamed

## Related Spain guides

- [Hiring in Spain, overview](/country-hiring-guides/spain)parent
- [Spain hiring guide](/country-hiring-guides/spain/hiring-guide)sibling
- [Spain termination and severance](/country-hiring-guides/spain/termination-and-severance)sibling
- [Spain compliance and day-one rights](/country-hiring-guides/spain/compliance-and-day-one-rights)sibling
- [Employer of Record overview](/employer-of-record)core
- [Pricing: zero FX, fixed monthly fee](/pricing)core
- [Talk to an expert](https://www.teamed.global/contact)CTA

A note on this page.

This is a guide, not legal, tax or accounting advice. Rules change and vary by jurisdiction. Verify current requirements with the Ministerio de Trabajo y Economia Social and the relevant statutory sources before relying on any specific framework. Collective agreements (convenios colectivos) may set shorter probation periods that override the statutory maximums.