A recent Supreme Court ruling of September 24, 2024 clarifies that, if the exact duration of the probationary period is not clearly specified in the employment contract, any termination during this period may be considered an unfair dismissal. It is important that your employees' contracts include this information precisely to avoid possible claims.
Specifically, in relation to this ruling, it is essential to review some critical points regarding the regulation of the probationary period in labor contracts, especially in the field of Private Security.
This ruling deals with a case of unfair dismissal, where the validity of the probationary period was questioned due to an ambiguity in the established duration. The contract of the worker in question only indicated “according to agreement” as the duration of the trial period, which generated a lack of legal precision as to the exact date of termination.
Main points of the judgment
- Establishment of the probationary period: Private Security sector regulations establish a maximum duration of two months for operational personnel, without specifying an exact duration. This ambiguity in the contract of the worker concerned resulted in legal uncertainty, since it was not specified at what point the probationary period ended.
- Right to written specification: Article 14 of the Workers’ Statute (ET) and current case law require that the trial period be clearly specified in the terms of the contract. It is not enough to refer generically to the maximum duration allowed by the collective bargaining agreement; it is essential to establish the exact duration to avoid possible conflicts and to safeguard the rights of the employee.
- Consequences of the lack of precision: The absence of a specific duration in the contract resulted in the nullity of the trial period. This invalidity implied that the dismissal of the employee was considered an unfair dismissal. The company was obliged to reinstate the employee or, failing that, to compensate him.
- Recommendation for companies: It is highly recommended that, in future contracts, the duration of the trial period is specified in detail, always respecting the maximum limits established by the applicable agreement but setting a precise date to avoid ambiguous interpretations.
You can contact this professional firm for any doubt or clarification you may have in this regard.
For more information, please contact Labor consulting
If you found it interesting share it on social networks, thanks!
