On Tuesday, 8 September 2026, the Spanish government plans to approve in the Council of Ministers opens Real Decreto a measure implementing the EU directive on transparent and predictable working conditions and tightening the rules on probationary periods. According to the Ministerio de Trabajo y Economía Social extensions of Probation period beyond six months will in future be permitted only if expressly provided for in a collective agreement and justified by the employer. Employers must also disclose the criteria used to assess whether the probationary period has been passed.
The proposal concerns a key provision of the Estatuto de los Trabajadores, which generally limits probationary periods to a maximum of six months. Under the planned reform, the discretion of the collective bargaining parties will remain, but will be more tightly defined: longer probationary periods will require both a basis in a collective agreement and a reasonable, case-specific justification. Employees are also to be clearly informed, when their contract is concluded, about the length of the probationary period and, in good time, about any tests, criteria or performance targets that will determine whether they pass.
The ministry, headed by Yolanda Díaz justifies the move as a way to curb abusive dismissals during probationary periods and prevent disguised fixed-term contracts. The measure is being implemented as part of the Directive (EU) 2019/1152, whose transposition into Spanish law is now due to be completed after several attempts. A Real Decreto does not require parliamentary approval; its provisions will enter into force upon publication in the Boletín Oficial del Estado . Transitional rules are intended to ensure that existing contracts can be amended with legal certainty.
For businesses, the reform means a greater burden of documentation and justification. They will have to explain transparently any decision to extend a probationary period and communicate the relevant assessment criteria in advance. Collective agreements providing for longer probationary periods will in future need more detailed justification. Employees will have greater predictability in their working conditions and more scope to challenge abusive practices, for example before the labour inspectorate or in court.
Until the final text is published, it remains unclear how detailed the justification requirements will be, what deadlines will apply for informing employees and how inspections by the labour inspectorate will be carried out in practice. It is already clear that Tuesday’s decision is intended to launch the application of the new transparency and information requirements.
Editor: Daniel Mayer (Article created with AI assistance).