ICEX-INVEST IN SPAIN

Job Market

Types of Contracts

The main types of employment contracts are: indefinite term contract; fixed term contract; trainee and apprentice contract; and work-experience contract.

The table below briefly explains the main fixed term employment contracts.

 

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.

It should mention the work and project clearly and precisely.

Currently, its termination entitles the employee to receive severance equal to 12 days’ salary per year worked (see the following table of the transitional rules).

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. .

Casual contract due to production overload or backlog

To meet market needs, production overload or backlog.

Maximum of 6 months within a period of 12 months (may be extended by an industry-wide collective labor agreement for 18 months but it may never exceed 3/4 of that period, or the maximum term of 12 months).

It should mention the work and project clearly and precisely.

Currently, is termination entitles the employee to receive severance equal to 12 days’ salary per year worked (see the following table of the transitional rules).

 

Contract to substitute employees entitled to return to their job

To substitute workers entitled to return to their job by provision of law, of a collective labor agreement or of an individual contract.

From the beginning of the period until the return of the replaced worker or expiry of the term established for the substitution

One of the formalities is that it should contemplate the name of the replaced worker and the cause for his substitution.

 

Work-experience contract

Hiring of persons in possession of a university degree or workers with higher or advanced vocational training qualifications, or officially recognized equivalent qualifications, or workers who are in possession of a certificate of professionalism, that enables them to work.

A minimum of 6 months 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%, during the first or the second year of the contract’s validity, of the fixed salary in the collective agreement for a worker with an equivalent function.

Trainee and apprenticeship contract

Contract targeted at people between 16 and 25 years of age who lack acknowledged vocational qualification recognized by the vocational training system or education system required for a work experience.

Minimum of 1 year and maximum of 3 years, with the possibility to modify the duration by collective labor agreement from 6 months to 3 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.

While the Spanish unemployment rate remains above 15%, the upper age limit is extended to 30 years). This age limit is not applicable where the contract is with disabled workers or socially excluded personnel, if hired by employment insertion companies qualified and active in the corresponding registry.

 

Compensated employment at a company must be alternated with training activities at a vocational training center or at center of the education system.

Contract of first youth employment

To acquire the first professional experience.

Minimum length of 3 months and up to 6 months which can be extended by a sector-wide CBA up to 12 months.

These contracts are regulated by the provisions applicable to contracts to cover temporary demand for production.

The employees must be up to 30 years old, unemployed and must not have professional experience or it must be less than 3 months.

The contract can be entered into full time or part-time as long as the work time is at least 75% of the work time of a comparable employee.

On the extinguishment of the temporary contracts, because of the expiration of the duration of the contract (with exception of the training contracts and contracts to substitute employees entitled to return to their job) the employee has the right to receive a severance payment pursuant to the following transitory regime:

SEVERANCE PAYMENT (DAYS OF SALARY/YEARS OF SERVICES)

AGREEMENTS DATED

Nine

From 1-1-2012 onwards

Ten

From 1-1-2013 onwards

Eleven

From de 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. In cases of temporary fixed-term employment contracts agreed for a time-period of less than six months, the trial period cannot exceed of one month.

In addition, the Indefinite-term employment contract in support of entrepreneurs includes a trial period of twelve months. 

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 length of the working day is agreed on in collective labor agreements or in individual employment contracts. The maximum working week is 40 hours, calculated on an annualized basis, having the opportunity to distribute in an irregular way the working day length (if there is no agreement, the company can distribute by a 10% the working day length over the year).

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.

 


Prepared by:


Last updated: 22|06|2015

Contact us
91 503 58 08


Búsqueda de ayudas e incentivos

The best information by region, by sector and daily updated. No registration needed!

Search now


ICEX-INVEST IN SPAIN
Paseo de la Castellana 278, 2nd Floor 28046 Madrid SPAIN
T (+34) 91 503 5800
investinspain@investinspain.org
www.investinspain.org

Home | Legal warning | Site Map | Accessibility

INVEST IN SPAIN - Paseo de la Castellana, 278 - 28046 Madrid

Level Double-A conformance icon, W3C-WAI Web Content Accessibility Guidelines 1.0

2015 ICEX - Invest in Spain