They told you on a Friday, or by message, or in a two-minute conversation: “You have not passed the trial period”. You may have seen it coming or it may have hit you out of the blue. What you need now is not a treatise on the trial period but a short list of what you are owed, what you can do in the next few days and the cases where the employer’s decision can be challenged.

What the employer can do (and cannot)

Article 14 of the Estatuto de los Trabajadores (Workers’ Statute) allows that, during the trial period (periodo de prueba), either party can end the contract without giving a cause, without compulsory notice and without severance. The employer does not have to justify anything. It is a withdrawal (desistimiento), not a dismissal, and that is why there is no dismissal severance.

What it cannot do:

  • Do it if the trial period had already ended. If you have gone past the maximum in your collective agreement or the Statute, it is an ordinary dismissal, with its severance.
  • Do it for a discriminatory cause or one that violates fundamental rights, such as pregnancy, race, union activity or a legitimate claim by you.
  • Apply a trial period that was not in writing or that is abusive relative to the law and the agreement.
  • Do it for a job you had already done with that company in the same duties, where a trial period does not apply.

How long the trial can last and when the clause is void is in the trial period in Spain.

What you are paid

There is no severance, but there is a finiquito, which is always owed:

  1. The days worked in the last month.
  2. The holiday accrued and not taken.
  3. The proportional share of extra pay, if you do not get it prorated.

An example with numbers

Carla started on 1 September 2026 on €1,800 gross a month with prorated extra pay. The company ends her trial period on 20 October.

  • Daily pay: 1,800 / 30 = €60.
  • Days worked in October: 20 × €60 = €1,200.
  • Holiday: in September and the 20 days of October she has accrued 2.5 days per full month and part of the second, about 4.17 days. 4.17 × €60 = €250.
  • Extra pay: already prorated, no amount outstanding.
  • Finiquito: €1,200 + €250 = €1,450 gross.

With unprorated extra pay, the proportional share would be added. The full method is in how to calculate your finiquito. Ask for the settlement in writing and do not sign anything you do not understand.

And paro?

The employer’s withdrawal during the trial is a legal situation of unemployment under article 267 of the General Social Security Act. With 360 contribution days in the last six years, you are entitled to contributory benefit.

There is one condition people do not know. If the job you left to join this company was a voluntary resignation less than three months ago, the SEPE may not recognise the paro. See the requirements for paro and unemployment benefit after resigning.

And the clock is running: you have 15 working days to apply, starting the day after your last day. It is with examples in the deadline to apply for paro.

When you can challenge it

There are four reasons to think about claiming:

  1. You were pregnant or in a protected situation. The decision can be void, with reinstatement and back pay.
  2. The trial was not agreed in writing or exceeds the legal or collective-agreement maximum.
  3. You were let go within days of asking for something (sick leave, a permit, the working-time register, being paid your overtime). It is a sign of retaliation.
  4. The real cause is discriminatory and you can show it with messages, emails or witnesses.

The route is that of any dismissal: file the conciliation request with the mediation service and, if there is no agreement, sue. The deadline is 20 working days from when they tell you. It is step by step in the deadline to challenge a dismissal and in the conciliation request.

What to look at in your contract and agreement

Before accepting that the trial has ended, check three things:

  • That the trial is in writing in the contract. If it was not agreed in writing, it does not exist as such.
  • The agreement’s maximum. The collective agreement can set a shorter or longer trial period than the Statute, within legal limits. If you have gone past it, it is an ordinary dismissal.
  • Your qualification and the company size. The legal maximums change: qualified technicians, small companies and short temporary contracts have their own rules.

One useful detail: if you were on sick leave during the trial, the leave only interrupts the count of the trial if both parties agreed. If there was no agreement, the clock keeps running, and a withdrawal during sick leave deserves a close look if it seems like retaliation.

If you are let go while on sick leave

The employer can end the trial even if you are on sick leave, but the decision can be challenged if the real cause is the illness, which is protected as a ground of discrimination. Keep your temporary-incapacity benefit and check what the company contributes. It is developed in dismissal while on sick leave.

Severance and benefits are separate questions: check unemployment benefit after disciplinary dismissal in Spain.

What to do in the next 48 hours

  1. Ask for the notice in writing. If they tell you verbally, ask whether they can send it by email or message.
  2. Keep everything: contract, messages, emails, payslips, your hours record.
  3. Ask for the settlement and check the three finiquito items.
  4. Request your company certificate, which you need for paro.
  5. Book your paro appointment without waiting for anything else.
  6. Do not sign “balance and settlement” if something does not add up. If you sign, write “not in agreement” next to the signature.
  7. Note the 20-working-day deadline in case you decide to challenge.

What many people ask

  • Do I have to return anything? No, except company material.
  • Can I leave in the trial myself? Yes, but then there is no paro. See what happens if you resign.
  • Does the trial time count as seniority? Yes: trial time counts as seniority and contributes.

This page is informational and does not replace professional advice. If you suspect discrimination or pregnancy was involved, consult a lawyer or a union quickly: the deadlines are short.