When you start a job, they always usually put certain days in the contract that they qualify as the trial period. Many companies play a bit dirty, we all know that. And increasingly, with garbage contracts and precariousness. In this way, they make contracts with a trial period and before they can become a staff member, they are fired. In this way, the worker has removed the excess work, has done work and they will pay them a pittance for the contract without the need for compensation. The play comes out round.
In a contract that is in the testing period, there is no financial compensation to be paid to the worker. Of course, except for exceptions… there must be, there are. Although in general, with the said contracts in a trial period, almost always if not always (except in very specific cases) the entrepreneurs win. In these cases, it will be necessary to know if it is being an unfair dismissal or a proper dismissal. And let”s face it, it is very important to know it to face it and have serenity or fight for your interests.
- Among the garbage contracts that are standing out the most over the years and unfortunately, are the test contracts or trial period. The same thing for finally, the worker, doing the same job as any other worker who is permanent and on the staff, takes out the garbage work and soon after, they are fired or their contract is not renewed so they do not have to pay more for they.
- When you sign a contract that is for testing, you should know that not everything goes. That you cannot be working with this contract for a long time and less, if you are qualified for it, with studies. We tell you how long these are so that they do not fool you.
- If you are an employee or are within the range number three, four and five, the maximum time will be three months.
- If you have a technical degree or higher or intermediate studies, it cannot be longer than six months.
- For those who are operators, foremen or managers, you may not exceed the time in more than one month.
- In levels six through ten, it will be two months.
- For the rest of the categories, the maximum time will be fifteen days.
- The time that counts as a trial period if you are still on staff and your contract is changed, that time worked (trial) will be kept as seniority in the company.
- There are always two options with these contracts. It is that the employer decides not to fire you and, therefore, you would continue on the staff within the company and if, on the contrary, you were fired later, it would already be a full-fledged dismissal. If they should compensate you.
- As for these contracts, they are dangerous because you are always in fear that the company may fire you and, furthermore, do so without compensation. It”s like you”re always waiting for what they decide to do with you. Let”s say, for example, that your contract is for five months. If the company decides to fire you before those five months have passed, they can do so. And worst of all, you won”t get any compensation. Because yes, it is legal for them to do so. Instead, suppose that the five months have already been completed, if they fired you, they should already pay you.
- There are also abusive contracts. You always have to read it well before signing. For example, there are cases where the trial period is extremely long and abusive. There are cases where, without having noticed, you have signed a one-year test contract. Well, if there are cases where justice agrees with the worker for being a time more than extensive and abusive.
- It will depend on what measures are taken… it is possible that either they prefer to fire you and they will have to pay you a part, put you on the staff and change the type of contract.
- When they go to fire you, they should let you know. In general, they will always have to notify you.
- In this letter it is not necessary if the company does not want to state the reasons or circumstances for which the termination or dismissal occurs.
- In the case of workers, if they have a contract that is for a trial period, they may not notify that they stop going to work. To do this, they will have to read the contract very well and make sure that nothing is specified that implies doing the opposite.
- Usually when they try to resort to layoffs, they always indiscriminately cling to women. The reason, always the same. Indications that the employee is pregnant or when they find out that she is. What to do if you are on the trial contract and they fire you because you are pregnant?
- As we have said that until now if they can fire you if they want to. In the case of claiming that it is due to pregnancy, they could not. If they do so, the worker may allege that there is an indiscrimination of sex and in such cases, the dismissal will always be null. They won”t be able to kick you out of your job.
- If the company says and / or alleges that the worker is not fired because of the pregnancy but for other reasons, and they can also prove it, the company will be given the reason and the dismissal will become suitable.
- Tests will always be given and in these cases it will be the employee who must give explanations and answer questions such as how long she has known about her state of pregnancy, time of pregnancy, etc. The same thing that they will do to the company, from when you know it, etc.
What do you need?
- Have the contracts printed and always on hand so you can review them.
- If you have any questions about the type of contract, months, hours and salary, go to the workers union so they can advise you.
- It is important to always know what your rights are.
- If you feel that they are being unfair and you are fired with excuses or you are pregnant and you can show that this is the reason why you are fired, go to a labor lawyer to help you.
With this type of employment contract, test contracts, other cases such as breastfeeding, the gestation period (pregnancy), possible problems with pregnancy … even for men, with the same contract, will also have to be taken into account, paternity leave (and maternity leave).
One of the most important things when you have the contract in front of your nose, read it well and do not just sign it. Because it is possible that, without knowing it, you are signing a test contract, for example, one year. Something that is at least exaggerated and abusive. Check how long it will be. And also, what range does it go to? If you are going to work on one thing, don”t get an inferior one. Because you are not going to charge the same, nor according to the ranges can the test times be exceeded. It is absurd and it is a scam that you have to work longer hours without being paid or perceived by a much lower range than you should be. Give it a boost at work and do everything you can so you don”t get fired. Sometimes, seeing that the worker wants to work and makes merits for it, as soon as the test contract runs out, they are put on the company”s staff. So good luck.
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