Job Market
Types of Contracts
-
Text size
- Send to a friend
- Correct
- Print version
Employment contracts can be for an indefinite or fixed term.
The different types of fixed-term contracts appear in the table below. The reason for the temporary nature of these contracts, if applicable, must be specified.
| TYPE | PURPOSE | DURATION | COMMENTS |
| Contract for project work or services | Performance of independent work or services within the context of the company’s business | Depends on the time taken to execute the project, with a maximum of 3 years, which may be extended for a further twelve months by a nationwide sectoral collective agreement or, in the absence thereof, by a sectoral collective agreement of a more limited scope. |
The contract must specify the work or services to be provided. Employees who are hired for more than 24 months on a temporary basis within a 30 month-period, with or without interruption, with two or more temporary contracts, directly or through temporary employment agencies, in the same or different position of the same Company or group of companies, should be hired for an indefinite term. |
| Casual contract to cover demand for production | To cover market demand or backlogs of work or orders. | A maximum of 6 months within a 12-month period (extendable up to a maximum of 12 months in an 18-month period). |
The contract must specify the reasons which justify it and its duration. Employees who are hired for more than 24 months on a temporary basis within a 30 month-period, with or without interruption, with two or more temporary contracts, directly or through temporary employment agencies, in the same or different position of the same Company or group of companies, should be hired for an indefinite term. |
| Relief contract | Temporary substitution of workers. | Until the substituted worker rejoins or the expiry of the established substitution period. | The contract must specify the name of the substituted worker and the reason for the substitution. |
| Work-experience contract | Hiring of university graduates, Master, Doctors Degree or workers with higher or advanced vocational training qualifications or workers who are in possession of a certificate of professionalism. | A minimum of 6 months (may be extended twice) and a maximum of 2 years Sick leave, leave due to risk during pregnancy; leave for childbirth, adoption or fostering, leave due to risk during breastfeeding and paternity leave all toll the period for which the training contract runs. |
Within 5 years of graduating or completing studies, or within 7 years if the contract is formalized with people with disabilities. The minimum salary is 60% and 75% of the fixed salary for a worker with an equivalent function. |
| Vocational training contract | Acquisition of the theoretical and practical training necessary to do a specific job | A minimum of 6 months and a maximum of 2 years (may be extended up to 3 years under collective labor agreement or 4 when the contract is entered into with a worker with disabilities, depending on the disability degree and training process to be performed). Sick leave, leave due to risk during pregnancy; leave for childbirth, adoption or fostering, leave due to risk during breastfeeding and paternity leave all toll the period for which the training contract runs. | Even if there are special cases, as a general rule, this contract can be formalized with workers between 16 and 21 years old who do not have a qualification or certificate of professionalism to enter into a work experience contract. The age limit does not apply if it is formalized with people with disabilities. |
On the extinguishment of the temporary contracts, because of the expiration of the duration of the contract (with exception of the training contracts and relief contracts) the employee has the right to receive a severance payment pursuant to the following transitory regime:
| SEVERANCE PAYMENT (Days of salary/years of service) | AGREEMENTS DATED |
| Eight | Before 12-31-2011 |
| Nine | From 1-1-2012 onwards |
| Ten | From 1-1-2013 onwards |
| Eleven | From 1-1-2014 onwards |
| Twelve | From 1-1-2015 onwards |
Trial period
Trial periods can be established, but cannot exceed six months in the case of qualified technical personnel and two months in all other cases. At enterprises with fewer than 25 workers, the trial period may not be longer than three months in the case of workers who are not qualified technical personnel.
Working hours
The working day generally starts between 8.30 a.m. and 9.30 a.m. and lasts until 5.30 p.m. or 7.30 p.m. depending on the firm’s lunch hour policy (1 or 2 hours).
The maximum working week is 40 hours, calculated on an annualized basis. The length of the working day is agreed on in collective labor agreements or in individual employment contracts.
There is a minimum rest period of 1½ days per week and a minimum annual vacation allowance of 30 calendar days plus the public holidays defined by central government, autonomous community governments and municipal authorities.
Workers are entitled to paid leave in the event of marriage, union work, fulfilment of unavoidable public or personal duties, breast-feeding, childbirth, moving home (principal residence), accident or serious illness, etc.
For further information, visit the extended version of our online Guide to Business:
Labor and Social Security regulations
Prepared by Garrigues
Last updated: 28|06|2011
Contact us
91 503 58 08
INVEST IN SPAIN
Orense, 58, 3rd Floor, 28020 Madrid SPAIN
T (+34) 91 503 5800 / F (+34) 91 503 5803
investinspain@investinspain.org
www.investinspain.org
|
|
|
|
|---|---|---|
2012 INVEST IN SPAIN |
INVEST IN SPAIN - C/ Orense, 58 3 - 28020 Madrid