If I am under a trial period at work, do I have the right to be on the payroll?

One of the greatest satisfactions that people experience occurs when they receive that long-awaited call from the company to which they decided to apply for a employment. However, in that interim, not everything is usually rosy. Faced with the high rate of labor informality that exists in our country, some employers tend to take advantage of the need for their own benefit. One of the many cases that is seen is when the recently admitted worker, they inform you that you will be under a probationary period, but lines later they clarify that “he will not receive any payment” and much less will he be on the payroll. Is this figure legal? We tell you in this note.

Although it is true, the National Superintendence of Labor Inspection (Sunafil) points out that the trial period is usually required as a requirement by some employers in the private sector, the supervisory body warns that this condition must be paid; Otherwise, the company would be acting informally and contrary to the law.

What is the trial period?

According to slogan sunafilthe trial period is the time in which the employer evaluates the worker to verify if he meets the necessary conditions to adequately assume the assigned position.

Does the worker have the right to be on the payroll?

The entity emphasizes that the employer is obliged to register his worker in the electronic payroll from the first day he enters to provide services, despite the fact that he is within the so-called “trial period”. Furthermore, according to law, the employee must receive all the benefits of labor rights and social security that corresponds to it Otherwise, the company would be committing a “very serious fault”.

Should I issue a receipt for fees if I am on a probationary period?

As detailed sunafil, every worker who experiences the so-called trial period should not issue a receipt for fees, because this condition only corresponds to personnel who provide services independently. He adds that the trial period It is only applicable to dependent workers, despite the fact that this limits the right to protection against arbitrary dismissal.

How to report to Sunafil?

If the worker feels that their rights have been affected and wants to file a claim, they must enter Sunafil’s virtual complaint page and meet the following requirements:

• RUC number of the company, address of the workplace to report.
• You must present the documents that support the complaint (pay slips, employment contract) duly scanned and in PDF format.
• Have an email and personal cell phone number.