Spanish authorities probe 80% surge in probation period sackings

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Following the 2021 labour reform, inspectors are investigating whether employers are using "failed" probations as a loophole to emulate temporary contracts

Nuria Triguero

Málaga

Wednesday, 25 February 2026, 11:34

Spain's labour inspectorate has taken a step to study the reasons behind the excessive increase in dismissals employers carry out during workers' probation period. The strategic plan for the 2025-2027 period has included stronger monitoring to detect possible fraud and abusive practices.

On Tuesday, SUR reported that the number of probation period dismissals had increased by 80.7 per cent between 2021 and 2024.

This has generated suspicion that, since the approval of the labour reform in 2021, some employers might have been dismissing workers before the end of their probation period to avoid sanctions and emulate temporary contracts.

With the help of increased monitoring, the inspectorate will focus on companies that frequently use this type of dismissals. The state body will pay attention to "the irregular termination of indefinite due to failure to pass the probation period, whether through recurrent use of this possibility of terminating contracts, repeated use for the same position and the same worker, or by terminating contracts based on this cause once their maximum duration has expired".

Cristóbal García, partner in Garrigues' employment department in Malaga, highlights the "risks" companies that frequently resort to this type of dismissal run. He has warned employers that the inspectorate will be checking whether the dismissal can be justified.

Failure to provide a valid reason can result in a fine of 1,000 euros per contract for the company.