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. When the maximum periods of duration of the agreement or the aggregated agreements have elapsed, the workers will acquire the status of indefinite-term employees of the company. The employer must furnish to the worker in writing, within ten days from the expiration of the period, a document ascertaining the new status as an indefinite-term employee of the company.
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. When the maximum periods have elapsed, the workers will acquire the status of indefinite-term employees of the company. The employer must furnish to the worker in writing, within ten days from the expiration of the period, a document ascertaining the new status as an indefinite-term employee of the company.
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 or workers with higher or advanced vocational training qualifications or workers who are in possesion of a certificate of professionalism.	A minimum of 6 months (may be extended twice) and a maximum of 2 years.	Within 5 years of graduating or completing studies. 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).	For workers between 16 and 21 years old who do not have a qualification or certificate of professionalism to enter into a work experience contract.

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)	CONTRACTS SIGNED
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 more information about Spain´s labor & social security legislation, please download the following document:

Labor and Social Security regulations (2123kb.)

Prepared by Garrigues

Last updated: 13|07|2010