Guide to Spanish Employment Contracts: Types and Requirements

Contract Work Experience

Internship Contract

This contract aims to enhance previously acquired knowledge through practical work experience. The work performed should align with the worker's qualifications and degree (Upper Middle, Superior, or equivalent official titles). This contract can be established within four years of graduation. The contract duration must be at least six months but no longer than two years, although sectoral collective agreements may specify different durations. Contracts shorter than the maximum duration can be extended. A trial period may also be included. Wages are determined by collective agreements, or at least 60% to 75% of the agreed wage for a similar role, never less than the minimum wage.

Training Contract

This contract focuses on acquiring the theoretical and practical training needed for skilled trades or jobs. Eligible workers are typically aged sixteen to twenty-one, extending to twenty-four for unemployed individuals enrolled in student-worker programs or workshops. The upper age limit doesn't apply to unemployed individuals in employment programs or workshops for people with disabilities. Contract duration is between six months and three years, subject to collective agreement adjustments within the three-year limit. Shorter contracts can be extended to the maximum duration. A trial period may be negotiated. The employer is obligated to provide training, either directly or through authorized centers, and grant time off for theoretical training. Training time should be at least 15% of the maximum weekly working hours defined by the Convention or legal limits. Collective agreements determine the maximum number of training contracts per workplace, based on workforce size, with regulations setting defaults. Wages are mutually agreed upon but cannot be less than the SMI (Salario Mínimo Interprofesional) proportionate to actual working time.

Common Contract Requirements

Contracts must be in writing using the official form and registered with the Employment Office within ten days. Before the contract, the employer must request a written certificate from INEM (Instituto Nacional de Empleo) detailing the worker's internship or training history. Upon contract termination, the employer must provide a certificate stating the internship duration, position held, and main duties performed. For training contracts, the certificate should specify training duration, practical training level, and theoretical training center. An employee on an internship or training contract becomes permanent if:

• The contract was fraudulent.
• The worker didn't meet legal requirements.
• They were not registered with Social Security.
• The written contract wasn't provided within the trial period.

These contracts can become permanent according to current regulations, potentially leading to established Social Security benefits.

Contracts for Partial Retirement Replacement

This contract type allows a company to replace an employee taking partial retirement between ages 60 and 65. The partially retired employee works part-time while receiving a proportional retirement pension and salary. For pharmaceutical services, they will be considered a pensioner.

Requirements

There are no specific requirements for the company or the worker.

Contract Form

The contract must be in writing using the official model.

Trial Period

Subject to collective agreements, the trial period cannot exceed six months for technicians and other workers, two months for businesses with 25 or more workers, and three months for businesses with fewer than 25 workers.

Workday

The contract can be full-time or part-time, but at least equal to the reduction in hours of the replaced worker (between 30% and 70%). The relieving employee's work hours can complement or overlap with the replaced worker's hours.

Job Role

The jobs can be the same or similar, within the same professional level or equivalent category.

Contract Duration

The contract lasts until the replaced worker reaches full retirement age (maximum 65 years, hence a maximum contract duration of 5 years).

Contract Termination

Standard rules apply, as determined by the collective agreement and applicable law.

Compensation

Determined by the applicable collective agreement.

Part-Time Contract

This contract involves fewer working hours than a full-time contract as defined by the applicable collective agreement or legal limits.

Contract Form

The written contract must specify the number of ordinary working hours (daily, weekly, monthly, or yearly), their distribution, and the days of work. Without these details, the contract is considered full-time unless proven otherwise.

Trial Period

The trial period is up to six months for technicians, three months for businesses under 25 workers, and two months for other workers.

Contract Type

Can be indefinite (permanent) or temporary (fixed-term).

Fixed-Continuous Considerations

A part-time contract is considered fixed-continuous if it involves fixed and periodic work within the company's normal activity or fixed-discontinuous work recurring on specific dates. In these cases, workers must be called as per collective agreements. If not called, they can claim redundancy.

Duration

Agreed upon in the contract, with the maximum duration being the normal working time of full-time employees in the company.

Overtime and Complementary Hours

Overtime is generally excluded, except for force majeure. However, complementary hours can be agreed upon in writing (official model) for indefinite part-time contracts, up to a maximum of 15% of contracted hours (or up to 60% as per collective agreement), without exceeding full-time hours. Complementary hours must be notified at least seven days in advance, unless otherwise agreed. Distribution can be defined in the collective agreement. Complementary hours are paid at the same rate as normal hours.

Contract Termination

For contracts lasting over a year, a 15-day written notice is required. Fixed-term contracts automatically become indefinite if work continues after the agreed term. Upon termination of a fixed-term contract, the worker receives compensation (8 days' wages per year, or higher as per collective agreement). Lack of notice for fixed-discontinuous contracts constitutes dismissal.

Compensation

Determined by the collective agreement based on time worked, with potentially higher agreed returns.