An interview assesses suitability before an agreement. A commercial trial is a separately defined service or arrangement whose terms must be confirmed. Statutory probation is part of the employment relationship and may not exceed six months from the worker taking up work. These are not interchangeable promises. Federal Decree-Law 9/2022, Article 8
Do not interpret “six-month probation” as six months of free service, a guaranteed cancellation refund or an unlimited replacement benefit.
Use the interview to test the agreed requirements
Discuss the duties your household needs, communication, relevant experience and the worker's understanding of the proposed job. The recruitment agreement should specify required characteristics and work, and the agency must explain the nature of the work and wage to the worker. Federal Decree-Law 9/2022, Article 6 Federal Decree-Law 9/2022, Article 5
Ask the candidate how they would clarify an unfamiliar instruction, use your household equipment or report a problem. Verify any claimed qualification separately. If a demonstration is proposed, confirm that it is appropriate and does not become unauthorised productive work.
Put any commercial trial into writing
| Question | What needs a clear answer |
|---|---|
| Is this an interview or work? | Whether productive household services will be performed |
| Who employs the worker? | The lawful employer and permit arrangement |
| How long does it last? | Agreed dates and service period |
| What is payable? | Charges, wages and any applicable expenses |
| What if either side stops? | Applicable termination, refund or replacement terms |
| Who handles problems? | Contracting party and a communication channel |
A residence visa alone is insufficient for work, including a trial involving productive work. The worker must have valid work permission and follow its conditions. Federal Decree-Law 9/2022, Article 12
Confirm the trial duration, costs and cancellation terms with the contracting party before booking.
Understand statutory probation
Article 8 permits probation up to six months from commencement of work; it does not require every arrangement to have exactly six months. The employment contract must record its terms, including probation where applicable. Identify the actual start date and clause. Federal Decree-Law 9/2022, Article 8 Federal Decree-Law 9/2022, Article 7
Certain recruitment-fee remedies depend on events during probation. Cabinet Resolution 106 addresses, among other cases, failure to meet the professional competence and personal conduct requirements during probation, as specified in Article 6, worker termination or leaving subject to protected exceptions, and failure to meet agreed recruitment conditions. It also provides specific full-refund cases. These are conditional rules, not a general dissatisfaction guarantee. Direct named recruitment is expressly excepted from the agency-refund obligation under that article. Cabinet Resolution 106/2022, Article 6
Review performance without changing the job informally
Provide clear instructions and a realistic handover. Record specific differences from the agreed requirements rather than broad complaints. If household needs have changed, distinguish a new request from a failure to perform the original work.
The employer's instructions must remain lawful, within the agreement and safe. Probation does not remove wage, rest, respectful-treatment or safety rights. Federal Decree-Law 9/2022, Article 9 Federal Decree-Law 9/2022, Article 11 Federal Decree-Law 9/2022, Article 12 Federal Decree-Law 9/2022, Article 15
Hypothetical example: A family identifies a communication problem during the first working weeks. It checks the agreed language requirement and seeks an appropriate contractual remedy. The remedy depends on the agreed requirement and applicable eligibility conditions.
Before proceeding, ask INAYA which interview or trial arrangement is actually available, how it is lawfully authorised and what written terms apply. Keep the interview assessment, any commercial trial and the employment probation clause as three separate questions.