Since 5 October 2026, employers must provide more precise information about the length and conditions of probation. This guide explains the actual change, the limits that still apply and how to handle each hire.
ARTIVA LABORAL
The essentials in one minute
- The new general information duty in Chapter II applies to employment relationships lasting more than four weeks.
- Where probation is agreed, the exact duration and the experiences both parties must carry out must be explained.
- Written information must reach the worker before employment begins; it can be in the contract or a separate document.
- A collective agreement allowing more than six months requires checking both its authority and the justification under the new rule.
- Artistic employment has special limits of five, ten or fifteen days; probation cannot be agreed for contracts lasting ten days or less.
What exactly has changed
Royal Decree 723/2026, in force since 5 October 2026, develops the employer’s duty to explain essential employment terms. Article 3(2)(h) requires information about the duration and conditions of probation where it is agreed. For covered relationships, a vague reference to “the applicable collective agreement” is insufficient if it does not identify the relevant duration and the experiences to be assessed.
The change concerns transparency and documentation. The validity of the clause, ordinary limits and legal effects of probation remain governed by Article 14 of the Workers’ Statute, the applicable collective agreement and any rules specific to the employment relationship.
Who is covered and when
Chapter II of the new decree applies to employment relationships lasting more than four weeks. For relationships of four weeks or less, this particular general information duty does not apply through Chapter II; the Workers’ Statute and special rules still matter. In artistic employment, contracts and essential conditions must be in writing regardless of duration.
For contracts already in force on 5 October 2026, an employer must provide the Article 3 information to a worker who requests it, if the worker does not already have it, within thirty working days of the request. Later changes to conditions must be notified as soon as possible and no later than the day they take effect.
What the probation information must contain
State the exact agreed duration, the legal or collective-agreement provision supporting it and any relevant conditions for counting the period. Explain the experiences that form the purpose of probation and what each party must do to carry them out. In a cultural production this might describe verifiable duties during rehearsal, setup or performance rather than an unlimited subjective assessment.
If a collective agreement is relied on for a period longer than six months, the decree requires the specific duration to be disclosed in cases justified by the nature of the work, the worker’s interest or the need to assess suitability when the relationship is suspended. The wording does not itself authorise an extension: the agreement and the particular justification must be reviewed.
How and when to provide it
Article 3 information must be supplied before employment begins. If the written contract held by the worker contains every required item, it need not be repeated; otherwise provide the missing items in one or more additional written documents. Paper or electronic delivery is possible if the material is accessible, can be stored and printed, and the employer retains evidence of transmission or receipt.
A precise reference to legislation or a collective agreement can supply some items, including probation, but it must clearly identify the applicable provision. As a practical control, also state the exact duration in the contract or annex and retain the version delivered.
Ordinary limits that still apply
Probation must be agreed in writing and respect the collective agreement. If the agreement has no rule, Article 14 sets a maximum of six months for qualified technical staff and two months for other workers; in businesses with fewer than twenty-five workers, the latter maximum is three months. For Article 15 fixed-term contracts lasting no more than six months, the limit is one month unless the collective agreement provides otherwise.
A legal maximum is not a mandatory duration: a shorter period or none at all may be agreed. The agreement, contract type and any special employment rules may set different limits. Apprenticeship training contracts cannot include probation; a contract for professional practice has a maximum of one month unless the collective agreement provides otherwise.
The special rule for artists and related crews
For the special employment relationship covering artists and directly related technical or auxiliary staff, Royal Decree 1435/1985 allows written probation only when the contract lasts more than ten days. The maximum is five days for contracts up to two months, ten days for contracts up to six months and fifteen days for longer contracts. These limits are much shorter than the general ones.
Royal Decree 607/2026, due to take effect on 25 May 2027, keeps those thresholds unchanged in Article 6. It should therefore not be described as extending artistic probation. Before applying the special rule, check that the work genuinely falls within the special relationship; permanent structural staff may be subject to the ordinary regime.
Rights, interruptions and ending employment
During probation, workers have the rights and duties of their role like other staff, apart from the effects of ending the employment relationship. Either party may end it during probation, but the clause cannot be used to bypass fundamental rights. The Workers’ Statute expressly protects against employer termination on grounds of pregnancy or maternity, unless unrelated reasons exist.
A probation clause is void if the worker has previously performed the same duties for the employer, whatever the earlier contract type. If probation passes without either side ending the relationship, time worked counts towards seniority. Certain suspensions, including temporary incapacity, interrupt the count only if both parties agree.
Practical examples
An ordinary three-month fixed-term contract does not automatically permit three months of probation: absent a different collective-agreement rule, Article 14 caps it at one month. An eight-day artistic contract cannot include probation under the special rule. A four-month artistic contract can include written probation of no more than ten days.
If an employer proposes six months for a role that does not require a technical qualification, a template alone is no authority: check the category, business size, agreement and contract type. If more than six months is proposed, review the agreement and justification before issuing documents.
ARTIVA LABORAL
Pre-hire checklist
- Identify the contract type and whether ordinary or special employment rules apply.
- Check the current collective agreement, role, contract duration and business size.
- Verify whether the worker previously performed the same duties for the employer.
- Decide whether probation is needed and agree an exact written duration within the applicable limit.
- Describe the experiences and obligations of both parties during probation.
- Provide the contract or annex before work starts where Chapter II applies and retain evidence of delivery.
- Record the start, any agreed interruption and the final date to avoid ending employment outside probation.
Frequently asked questions
Is there now a new universal six-month cap?
No. Royal Decree 723/2026 chiefly governs the information to be provided. The Workers’ Statute, collective agreement and any special relationship determine the valid duration.
Are contracts of four weeks or less unregulated?
No. Chapter II does not impose this general information duty on them, but Article 14’s written-clause requirement and limits remain relevant. Artistic contracts also require written contracts and information regardless of duration.
Can probation be added after work starts?
The probation agreement must be written. For relationships covered by Chapter II, information must arrive before work begins. Attempting to impose probation retrospectively after services have started is unsafe.
Can it be repeated for a former worker?
Not if the worker previously performed the same duties for the business, even under a different type of contract. Article 14 makes that clause void.
Can a collective agreement set more than six months?
Article 14 gives priority to collective agreements. The new decree contemplates disclosure of periods longer than six months set by agreement in justified cases; merely writing a long duration does not make it valid.
Updated 9 October 2026. This guide is informational: the valid period depends on the agreement, contract type, duties and facts of each case.