Understanding Different Types of Employment Contracts

Working Classes of Contracts

Associate Assistant: As stated in article 10, paragraph 3 of the Workers' Statute (Estatuto de los Trabajadores - ET), an employer may hire a worker who requires an assistant to perform their services. The employer then hires another worker specifically to assist the first. If the primary worker's contract is terminated, the assistant's contract is also terminated.

Contract Group: (Article 2.10 ET) The worker is considered a group of workers, breaking from the traditional concept of the worker as an individual. This is common in fields like construction and for musical groups. The working group must appoint a representative, who must be a member of the group. This group leader acts on behalf of the group. If a member leaves, they can be replaced, and the group leader simply communicates this to the employer. This does not affect the contract.

Working Together: This occurs when the employer hires a group of workers for a specific job. The employer has a contract with each individual, but the organization is given to a group.

Fixed-Term Contracts

These contracts are temporary, although technically, they have a limited duration (including training contracts). These contracts are regulated in article 15 of the ET and further developed by regulation.

• Work or Service Contract: The legal regime requires this contract to be in writing. The start date of the working relationship is known, but the exact end date is not. It applies to any work or service that has its own autonomy and entity (noun) and may be within the normal activity of the company. Since the duration depends on the duration of the work, it does not include an extension. When the work or service is finished, if the worker continues working without a new contract, they can claim against the employer, requesting that a judge declare their relationship as indefinite, meaning they are still employed under the same contract, but fraudulently.
• Temporary Contract: This contract must be in writing if it lasts more than four weeks. It is used when the company has a need for timely production due to market circumstances, backlogs, etc. It *does* have a set duration. It can last up to six months within a 12-month period. The contract can be agreed upon for less than six months, and in these cases, a single extension of up to six months is permitted.

Other Contract Types

• Substitution: An employee working in a firm temporarily ceases work for just cause, and this implies that their job is saved. This contract must be in writing, stating the person being replaced and the cause. The duration will be the temporary cessation of the person replaced. When the cause ceases, so does the interim contract. The replaced employee must be reinstated.
• For Vacancy: This contract is not for replacing anyone. The employer has a vacancy and is allowed to recruit through this contract until it is permanently filled. There is a maximum time limit of three months.
• Insertion Contract: Regulated by article 1.15 d) of the ET. Only government and non-profit organizations (NGOs or Foundations) can use this contract. It is aimed at individuals registered as unemployed and only for work or services of general interest. This contract allows these individuals to acquire professional experience and improve their employability. Re-hiring under this contract is not permitted until three years have passed since the end of the previous contract.
• Contract in Practice: Not to be confused with internships done by students as part of their curriculum. Any person, regardless of age, can be hired, provided they have an academic degree (professional or higher level). They are hired for their qualifications. The work performed will be specific to the degree for which they are engaged. The position must be linked to the degree. There is a time limit for the employer to hire (four years after the worker has obtained the title). The contract lasts for at least six months and a maximum of two years. Collective agreements may set a different time, while respecting the minimum and maximum.
• Training Contract: This contract is for individuals who do not have the qualifications to be employed in practice and need to be trained. There is an age limit (16 to 21 years). After 2001, the 21-year limit does not apply to certain groups: disabled individuals, those in a position of social exclusion, individuals who have been without work activity for more than three years, and foreigners in the first two years of validity of their work permit. It also applies to student workers entering workshop programs.