{"id":13401,"date":"2026-10-15T08:15:30","date_gmt":"2026-10-15T06:15:30","guid":{"rendered":"https:\/\/blogturismo.garrigues.com\/?p=13401"},"modified":"2026-10-14T09:37:22","modified_gmt":"2026-10-14T07:37:22","slug":"farewell-to-free-termination-how-the-probationary-period-changes-for-employment-contracts-in-the-hotel-industry","status":"publish","type":"post","link":"https:\/\/blogturismo.garrigues.com\/en\/legislation\/farewell-to-free-termination-how-the-probationary-period-changes-for-employment-contracts-in-the-hotel-industry","title":{"rendered":"Farewell to free termination: how the probationary period changes for employment contracts in the hotel industry"},"content":{"rendered":"

The entry into force of Royal Decree 723\/2026 requires hotels to define, before the employment relationship with an employee begins, the specific experiences that will be assessed during the probationary period, as well as to document the outcome of that assessment and justify whether or not it has been passed. The change is far-reaching: free termination during the probationary period is no longer a blank cheque and becomes a decision that may be reviewed by the courts in light of the previously agreed criteria.<\/strong><\/p>\n

\n

The Workers\u2019 Statute allows the company to terminate an employment contract during the probationary period without stating any reason, a mechanism frequently used in the hotel sector, for example, for reinforcement staff. Until now, it was enough to give notice of termination within the agreed period. Common practice was to include in the contract a generic clause setting the length of the probationary period and little else.<\/p>\n

That inertia must change. Royal Decree 723\/2026, of 9 September, which transposes Directive (EU) 2019\/1152 on transparent and predictable working conditions, adds a specific obligation in Article 3.2.h): the company must provide written information, before the employment relationship begins, on \u201cthe respective obligations of the company and of the employee to carry out the experiences that constitute the object of the probationary period\u201d. The regulation entered into force on 5 October 2026 and, from that date, every contract with a probationary period must include this content.<\/p>\n

The practical consequence is clear: setting a duration is no longer enough. It is necessary to identify what will be assessed, how that assessment will be carried out and who is responsible for each part of the process.<\/p>\n

The royal decree requires the hotel to specify the \u201cexperiences\u201d that constitute the object of the probationary period. This marks a shift from the previous situation, in which the probationary period operated as a period of free termination with no planning requirement. The new rules force hotels to define those experiences in advance, document them as they take place and, at the end of the probationary period, be able to justify whether they were passed.<\/p>\n

It is worth recalling that numerous court rulings already made it advisable to document the reasons for terminating the probationary period in the case of employees with some kind of protection. This was particularly so where termination during the probationary period coincided with that protection materialising (for example, maternity) or with its onset (for example, sick leave).<\/p>\n

But the regulation goes much further and turns that analysis into a forward-looking exercise. Defining the experiences is no simple task and has consequences. By documenting them, the hotel creates a record that may be examined in court if the employee challenges the termination. A judge will be able to assess whether the planned experiences were genuine and relevant to the position, whether the employee was given the opportunity to carry them all out, whether they were appropriate to his or her professional category and, above all, whether there is evidence that they were in fact not passed.<\/p>\n

In other words: the hotel must not only select the experiences, but the subsequent assessment also becomes decisive. If the contract is terminated because the probationary period was not passed, but the record does not show that the employee had the opportunity to carry out the agreed experiences or that they were assessed objectively, the decision is exposed to a challenge with a real prospect of success.<\/p>\n

Each establishment will have to tailor the experiences to its positions and categories. However, a general approach for the sector could be structured around the following blocks:<\/p>\n

For reception<\/strong>, experiences may include independently handling check-in and check-out, resolving guest incidents (complaints, room changes, billing) and operating the property management system. In the case of housekeeping and cleaning<\/strong>, experiences may focus on preparing rooms to the hotel\u2019s standard, meeting cleaning times and correctly applying protocols for products and machinery. For the kitchen and restaurant<\/strong> area, it is advisable to provide for the preparation of dishes or menu services in accordance with the recipe specification sheet, compliance with food hygiene rules and the ability to work as part of a team during high-occupancy services. In maintenance<\/strong>, experiences may include resolving standard technical incidents (plumbing, electrical, air conditioning) within internal response times.<\/p>\n

Each block should provide for a person responsible for the assessment (usually the head of department), a timetable with interim milestones and a simple documentary record system, whether through assessment sheets, digital forms or notes in the employee\u2019s file.<\/p>\n

This new obligation protects the employee against arbitrary termination and provides a stronger framework for challenging the application of the probationary period. Therefore, the more rigorous the hotel is and the better designed the scope of the probationary period, with documented and assessed experiences, the lower the risk that a termination will end up being declared unfair or null and void.<\/p>\n

The time to adapt is short. Hotels that have hired staff from 5 October 2026 onwards must include this content in their contracts. The time to review contract templates and internal onboarding protocols is now.<\/p>\n

Pablo Salguero<\/a>\u00a0<\/strong><\/p>\n

Labor and Employment<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

The entry into force of Royal Decree 723\/2026 requires hotels to define, before the employment relationship with an employee begins, the specific experiences that will be assessed during the probationary period, as well as to document the outcome of that assessment and justify whether or not it has been passed. The change is far-reaching: free […]<\/p>\n","protected":false},"author":7,"featured_media":13405,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[825],"tags":[1040,1175],"coauthors":[81],"class_list":["post-13401","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-legislation","tag-employment-contract","tag-free-termination"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\n\t\n\t\n\t\t\n\t\t