Spanish Employment Contracts: Types, Requirements, and Validity

Posted on Dec 3, 2024 in Law & Jurisprudence

1. Employment and Hiring

1.1 Ability to Work and Hiring

A. The Employee:

  • Age: Under 16 (except for public performances). 16-17-year-olds require parental/guardian authorization.
  • Disability: Physical, psychological, or other health conditions recognized by law.
  • Qualifications: Required academic or professional qualifications.
  • Nationality: EU citizens cannot be discriminated against. Non-EU citizens require a work permit from the Ministry of Labor and Immigration.

B. The Employer:

  • Individuals: Any person 18 years or older, or emancipated individuals over 16.
  • Legal Persons: Organizations legally recognized to assume rights and obligations.
  • Temporary-Agency Work: Legal entities operating as intermediaries for job placement.

1.2 Elements of the Employment Contract

  • Consent: Employee accepts the employer’s offer of paid work.
  • Purpose: Provision of paid employment and personal income in exchange for work.
  • Cause: Employer receives the fruits of labor; employee receives wages.

1.3 Contract Forms

  • Ordinary/Permanent Contracts: Indefinite duration, including subsidized and construction contracts.
  • Practice and Training Contracts: Part-time or full-time.
  • Fixed-Intermittent and Relief Contracts: For specific needs.
  • In-House Contracts: For work performed on company premises.
  • Contracts for Specific Work/Duration: For a determined period or task.
  • Contracts for Spanish Workers Recruited Abroad: For Spanish citizens working for foreign companies.

1.4 Trial Period

  • Form: Mandatory written agreement.
  • Maximum Duration: 6 months (technical degree) or 2 months (other employees).
  • Termination: Either party can terminate the relationship without cause, notice, or compensation during the trial period.
  • Non-Renewable: A new trial period for the same functions is not allowed, but can be negotiated.

1.5 Contract Validity

  • Partial Nullity: If part of the contract is invalid, the rest remains valid, and the invalid part is replaced by legal provisions.
  • Total Nullity: If the contract cannot be salvaged in any way.

2. Contract Types

2.1 Training Contracts

Facilitate labor market entry for young people without experience.

A. Employment Practice Contracts

  • Eligibility: University graduates or vocational training (middle level or above) within 4 years of completion.
  • Duration: 6 months to 2 years.
  • Schedule: Part-time or full-time.
  • Trial Period: 2 months (higher level) or 1 month (average level).
  • Salary: Year 1: 60% of fixed salary; Year 2: 75% of fixed salary.
  • Form: Mandatory written agreement.
  • Certification: Employer provides a certificate upon completion of practical tasks.
  • Information: Public notice required.

B. Training Contracts

  • Duration: Minimum 6 months, maximum 2 years.
  • Schedule: Combination of work and training time.
  • Trial Period: As established in the collective agreement, maximum 2 months.
  • Salary: Fixed by agreement, not lower than the minimum wage for the time invested.
  • Form: Mandatory written agreement.
  • Certification: Employer provides a certificate of completion.
  • Information: Public announcement at the workplace.

2.2 Fixed-Term Contracts

A. Contract for Specific Work or Duration

  • Duration: Clearly defined limited time.
  • Schedule: Full-time or part-time.
  • Salary: As agreed upon.
  • Form: Written agreement.
  • Compensation: 8 working days’ wages per year worked or as established by agreement.

B. Contract for Eventual Circumstances of Production

  • Duration: 6 months within a maximum period of 12 months.
  • Schedule: Partial or complete.
  • Salary: Not less than the agreement stipulates.
  • Form: Can be oral for contracts up to 4 weeks.
  • Compensation: 8 working days’ wages per year worked or as established by agreement.

C. Interim Contract (Contrato de Interinidad)

  • Duration: For the duration of the replaced worker’s absence.
  • Schedule: Part-time or full-time.
  • Salary: Not less than the agreement stipulates.
  • Form: Written agreement.
  • Compensation: No specific compensation applies.

2.3 Indefinite Contracts

A. Ordinary Indefinite Contract

Default contract type in case of top failure, absence of written form, lack of complaints, or fraud.

B. Contracts to Promote Indefinite Hiring

  • Duration: Indefinite.
  • Schedule: Full-time.
  • Form: Written agreement.
  • Indemnity: 33 days’ wages per year worked, up to 24 months.

C. Discontinuous Fixed-Term Contract

Provides job stability with periods of inactivity. The worker has the right to be called when activity resumes.