The Supreme Court, in its ruling of September 24, 2024 (STS 1164/2024), addressed a crucial issue for the legal security of workers: the validity of probationary period clauses in employment contracts.

In this case, a contractual clause was questioned that referred to the applicable collective agreement without specifying a concrete duration for the probationary period. This lack of specificity created uncertainty for the worker, who could not know exactly when the period would end.

The Supreme Court declared this clause null, arguing that the indeterminacy in the duration of the probationary period creates significant legal uncertainty. According to the Court, it is essential that employment contracts clearly specify the duration of the probationary period to protect workers’ rights.

The ruling has important implications for the drafting of employment contracts. From now on, companies must ensure that probationary period clauses are clear and specific. Otherwise, they could face the nullity of such clauses and the classification of unfair dismissal if it is based on the failure to pass an indefinite probationary period.

STS 1164/2024 reinforces the need for clarity and precision in employment contracts, thus protecting workers’ rights and ensuring greater legal certainty. This ruling serves as a reminder to companies about the importance of drafting contracts with clear and specific terms.