FTC regulated: Yes


Article 25 of Labour Code provides that the employment contracts might be concluded for: a) for an indefinite time, which is arranged to carry out permanent work and does not express the termination date; and b) for a specified time or for the execution of a job or work, which is arranged to carry out eventual or emergent work, as well as the fulfillment of the social service, for the trial period, to temporarily replace absent workers for justified reasons covered by legislation, training courses for new workers and others that require it.

Valid reasons for FTC use: objective and material reasons


See article 25 of Labour Code.

Maximum number of successive FTCs: no limitation


There is no indication of limitation in the law.

Maximum cumulative duration of successive FTCs: no limitation

The new Labour Code excluded the provision concerning limitation of FTCu00b4s.

Maximum probationary (trial) period (in months): 180 day(s)


Article 32 of Labour Code: The trial period is the time in which the worker demonstrates possessing the suitability required for the performance of the position that the worker aspires to occupy and verifies that the conditions and characteristics of the workplace correspond to the worker´s interests and the employer guarantees the information, the means, the necessary conditions and determines the demonstrated suitability of the worker. During the same, either party may terminate the employment relationship. Compliance with the trial period is not required for those hired for a specified time or for the execution of a job or work, for the fulfillment of social service and by decision of the employer in other cases. The trial period is established between thirty and up to one hundred and eighty days; Its duration is determined in correspondence with the complexity of the position and is agreed in the Collective Labor Agreement. If after this, the parties do not express their will to the contrary, the employment relationship is formalized for an indefinite period. For seafarers, the trial period can be extended to the length of the first campaign or voyage

Excluded from protection against dismissal: No


Article 32 of Labour Code provides that during the trial period, either party may terminate the employment relationship.

Obligation to provide reasons to the employee: No

Valid grounds (justified dismissal):

Prohibited grounds: pregnancy, maternity leave, temporary work injury or illness, trade union membership and activities, performing military or civil service


According to article 50, the employer, in the case of contracts for indefinite time, cannot notify the worker of the decision to terminate the contract, for the reasons indicated in paragraphs a), b) and c) of article 49, in the following cases: a) during the enjoyment of the worker or, as the case may be, the worker, the periods of maternity leave, paid or not, and the social benefit; b) during the period of temporary disability of the worker due to illness or accident of common origin or work; c) during the execution of military mobilizations; d) during the enjoyment of annual paid vacations; e) during the periods of suspension of the legally established employment relationship; and f) other situations expressly authorized by law.

Also article 63 also provides during pregnancy and after childbirth, the worker has the right to enjoy paid leave in the form and amount established with respect to the worker's maternity for the general regime or special social security, as appropriate

Concerning trade union activities, article 16 of Labour Code provides that the leaders of the union organizations have the necessary guarantees for the exercise of their management and consequently, the employers cannot transfer them, impose disciplinary measures, affect them in their working conditions, or end their employment relationship due to the performance of their union functions, when these are carried out in accordance with the law.

Article 2 (b) of Labour Code also provides that every citizen in conditions to work, without distinction of race, color, sex, religion, political opinion or national or social origin, has the opportunity to obtain a job with which the citizen can contribute to the ends of society and to the satisfaction worker´s needs. However, there is no specific provision dealing dismissals due to discrimination.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, confirmed injured workers, workers performing military/alternative service

See above article 50 of Labour Code.

Notification to the worker to be dismissed: no specific form required

Pay in lieu of notice: No

Notification to the public administration: No

Notification to workers' representatives: No

The only provision concerning communication of dismissals to workersu00b4representatives is related to redundancy. Article 56 of Labour Code provides that the employer, from the corresponding authorization, is obliged to previously inform the trade union organization at its level and the workers, about the application of the redundancy process (redundancy), its organization and control.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No