Employment Contract Essentials: Rights & Obligations

Employment Contracts

What is an Employment Contract?

An employment contract is an agreement between an employer and an employee. The employee provides services to the employer in exchange for remuneration. The contract marks the beginning of the employment relationship and establishes a series of rights and obligations for both parties. The employee works under the direction and organization of the employer.

Key Elements of an Employment Contract

Essential components include:

• Consent: Represents the free will of both parties to agree, without deception or fraud.
• Object: Defines the obligations of each party. The work performed must be personal, voluntary, paid, and dependent (under the employer's direction).
• Cause: The reason for the agreement – exchanging labor for a wage.

The employee must receive a copy of the contract and has the right to request one at any time during the employment relationship.

Formalizing the Employment Contract

Who Can Sign an Employment Contract?

The following individuals can enter into an employment contract:

• Retired individuals
• Foreign nationals (in accordance with applicable law)
• Legally emancipated minors
• Minors aged 16 or 17 with permission from a parent or guardian (unless emancipated)

When Written Contracts Are Required

• Generally, fixed-term contracts lasting longer than four weeks must be in writing.
• Contracts that must always be in writing include:
  • Practical training contracts
  • Part-time contracts
  • Fixed-discontinuous contracts
  • Relief contracts
  • Contracts for remote work (work at home)
  • Contracts for specific works or services
  • Contracts for workers employed in Spain by Spanish companies abroad
  • Any contract where required by a specific legal provision.

Minimum Contract Content Requirements

The employment contract, signed by both parties and registered with the SOC (Catalan Employment Service) within ten days, must include the following minimum information:

• Type of contract
• End date (if applicable)
• Professional category
• Workday details (duration and distribution)
• Trial period (if applicable)
• Company/employer address
• Workplace address
• Remuneration details
• Holiday entitlement/distribution
• Notice period for termination
• Applicable collective bargaining agreement
• Date and place of signing

Note: The omission of required minimum content may have legal consequences or imply standard conditions apply, rather than automatically invalidating the contract.

Employer Obligations Regarding Contracts

Obligations to Workers' Representatives

Employers must provide workers' representatives (if any) with a basic copy of the employment contract, excluding personal data. This basic copy should be signed by the representatives.

Obligations to Public Employment Service

Employers must register the contract with the SOC (Catalan Employment Service) within a maximum of ten days of its formalization.

Required Contract Copies

Generally, the following copies are distributed:

1. Company: Retains the original signed contract.
2. Workers' Representatives: Receive the basic copy.
3. Public Employment Service: Receives a copy for registration.
4. Employee: Receives their signed copy.