This aspect was not modified by the Government, which makes companies use this mechanism to avoid hiring as established by the labor reform
Since the labor reform was approved in December of last year, important changes have been observed in the structure of the labor market, especially with regard to the percentage of permanent contracts. In December 2021, this contracting modality represented 10% of the total, while currently they reach 50%. The greatest increase has been registered in discontinuous permanent contracts, which have increased exponentially.
In this way, one of the main objectives set by the Government when it approved the labor reform would be fulfilled: reducing the temporary employment in Spain, which would translate into a better quality of employment. In a certain way, it seems that what the Second Vice President and Minister of Labor and Social Economy, Yolanda Díaz, said after the approval of the reform, was being fulfilled in a chat in which she answered questions from citizens: “The dismissal thing is over on Friday and hire on Monday.
This is being the case, but it seems that the devils that are hidden in the details of the labor reform have begun to come to light and that they are manifesting through an issue that was not touched on in Royal Decree-Law 32/2021 , of December 28: the inclusion of a trial period in permanent contracts.
According to information released by the newspaper La voz de Galicia, last July, which was especially bad for employment, more than 5,000 workers saw their contracts terminated during the trial period, almost twice as many as in the same month of last year. Since January, almost 24,000 workers have been in this situation.
But some experts already warned that one of the problems presented by the labor reform is that the trial period has not been regulated, which "may lead to fraud." This fraud would consist in that companies can make indefinite contracts with trial periods and, arguing that the person hired has not passed the test, terminate the contract.
Thus, the labor reform does not make any type of modification with regard to the regulation of the trial period (article 14 of the Workers' Statute). The law establishes that the duration of the trial period may not exceed six months for qualified technicians, nor two months for other workers. In addition, in the case of companies with less than 25 workers, the trial period cannot exceed three months for workers who are not qualified technicians.
However, if the usual practice of the company becomes that of terminating contracts in a more or less massive or habitual way for not passing the trial period, it is likely that we will end up seeing complaints before the Labor Inspectorate or sentences in court declaring the termination of these contracts for not exceeding the trial period as an unfair dismissal on the understanding that there has been a fraud of the law.
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