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Client Alert
Prospective Effect Amendments to Probationary Periods – Puerto Rico
By: Angel Berberena, Esq.
Edgardo Rodríguez-LaFontaine, Esq.
June 29, 2022
On June 28, 2022, the Secretary of Labor and Human Resources of Puerto Rico, Hon. Gabriel Maldonado-González, issued Opinion No. 2022-01 (the “Opinion”) on the effects of the amendments by Law 41-2022 to probationary periods in Puerto Rico. These amendments reduced the automatic nine (9) and twelve (12) month probationary period for non-exempt and exempt employees respectively, to three (3) months for all employees. See Client Alert of June 21, 2022 for more information on Law 41-2022.
The Opinion remarks that Law 41-2022 does not include a retroactivity clause or transitory provision, creating uncertainty among employers and employees. The Secretary concludes that the new probationary period (3 months) should be applied prospectively because of: i) the absence of specific retroactive provisions on probationary periods; and ii) the potential impact to employment agreements, in reference to those executed prior to the effective date.
The Opinion further clarifies that the reduced probationary periods will apply automatically to employees hired after the effective date of Law 41-2022; that is thirty (30) days after June 20, 2022 for regular employers and ninety (90) days after the same date for micro, small and medium businesses.
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