The principle of employment stability and the probationary period of open-ended contract in support of entrepreneurs

Abstract

The aim of this study is to analyze the relationship between the principle of employment stability and the probationary period of one year of open-ended contract in support of entrepreneurs (CSE), created by Law 3/2012.

The employee's right to job security, that is, the right not to be unjustified dismissed, is, according to doctrine of Constitutional Court, the individual aspect of the employee's right to work recognized in the article 35.1 of Spanish Constitution.

The probationary period, as a legal institution that allows employment at will, is a limitation of the principle of employment stability. The compatibility between the said institute and the right not to be unjustified dismissed requires the withdrawal during the probationary period appears limited in time. This time limit must be set in response to the very purpose of the probationary period: establish employee's suitability for the post.

This work argues that the probationary period of a year of CSE infringes the principle of employment stability.