Contrato indefinido de apoyo a los emprendedores: argumentos para la inconstitucionalidad del período de prueba

Since Labor Contract Acti of 1931, all contracts, regarless of its duration, can in no case be teminated in the absence of a valid reason. This rule does not apply during the probation period, if it takes a reasonable period of time. The permanent contract to support entrepeneurs, approved by Act nº 3 of 6 July 2012, establishes (if agreed) one year trial period. This configuration not only strains the definition of what a trial period should be, but also raises important constitutional compatibility issues with sections 14 and 35, and also may breach international commiments ratified by Spain (ILO Convention No. 158 and section 4.4 of the European Social Charter).