Employment contract in Spain: types and basic rights
Types of contract after the labour reform, how long the probationary period can last and what to check before signing. An English-speaking employment lawyer can review yours.
Find yours: what defines each type and when the company can use it.
01
Permanent seasonal (fijo discontinuo)
A permanent contract for seasonal work or work that recurs intermittently. The company must call you back each season according to the agreed criteria.
02
Temporary due to production circumstances
In Spanish, “por circunstancias de la producción”: an unforeseeable increase in activity (up to six months, extendable to one year by sector-level collective agreement) or occasional, foreseeable, short situations (up to 90 days a year).
03
Temporary for substitution
In Spanish, “por sustitución”: it covers for a person whose job is kept open, completes a reduction in working hours or covers a vacancy during a selection process (maximum three months).
04
Training contracts (formativos)
Work-study training (formación en alternancia), which combines work and studies, and obtaining professional practice (obtención de la práctica profesional), for those who have already completed their training.
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An employment contract (contrato laboral) is the agreement under which you work as an employee in exchange for a salary. Since the 2021 labour reform (Real Decreto-ley 32/2021), the general rule is the permanent contract (contrato indefinido); temporary contracts, only for specific reasons.
What your contract must include
Duration and, if it is temporary, the specific reason that justifies it.
Job, professional group, working hours, timetable and salary with its supplements.
Holidays, probationary period and the applicable collective agreement (convenio colectivo).
The probationary period
It must be agreed in writing; its length is set by the collective agreement or, if that says nothing, by the Workers’ Statute (Estatuto de los Trabajadores). During the probationary period, either party can end the relationship without notice or compensation, never for discriminatory reasons, and it is not allowed if you have already carried out those duties at the company.
When the contract ends
At the end of a temporary contract due to production circumstances you are entitled to 12 days’ pay per year worked. If the company ends a temporary contract that should have been permanent, it can be a dismissal: you have 20 working days to challenge it (see dismissal lawyer). To have your contract reviewed, see employment advice or the employment lawyer.
Checklist
Before signing an employment contract, check this
Four points to go through with the contract in front of you.
That the salary is not lower than that of the collective agreement or the minimum wage.
That the job category matches the duties you are going to perform.
Non-compete clause: only with financial compensation; maximum two years for qualified technical staff and six months for everyone else.
Minimum-stay clause (pacto de permanencia): only if the company pays for specialised professional training for you, and for two years at most.
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Frequently asked questions
Questions about the employment contract
Does the contract for a specific project or service (obra y servicio) still exist?
No. The 2021 labour reform abolished it. Today temporary contracts can only be for production circumstances or for substitution, in addition to training contracts.
Can I work without a written contract?
The employment relationship exists without anything on paper, but temporary, training, part-time and permanent seasonal (fijo discontinuo) contracts must be in writing; if not, they are presumed to be permanent and full-time, unless proven otherwise.
How long can the probationary period last?
It is set by the collective agreement; if it says nothing, six months for qualified technical staff and two for everyone else (three in companies with fewer than 25 workers). In temporary contracts of up to six months, one month.
When does a temporary contract become permanent?
Without a real reason, if production-circumstances contracts are chained together for more than 18 months in a 24-month period, or without registration with Social Security after the probationary period.
Is there compensation when a temporary contract ends?
In a production-circumstances contract, yes: 12 days' pay per year worked. Substitution contracts and training contracts do not carry it.
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