Working in Spain: Conclusion of employment contracts

The employment contract is an agreement between employer and employee by means of which the latter undertakes to carry out particular services for an employer under his management, in exchange for a wage.

They can be signed by:

• Adults (18 years of age)
• People under 18 years of age who are legally independent
• People over 16 and under 18 years of age if they have the consent of their parents or guardian
• Foreigners in accordance with the legislation applicable to them

Formalisation

An employment contract can be entered into either orally or in writing.

It must always be in writing when stipulated by a legal provision and in the following contracts:

• Practical work experience
• Training
• For specific purposes
• On a part-time, discontinuous, fixed and hand-over basis
• Work at home
  Workers hired in Spain for Spanish companies abroad
• Fixed-term contracts for more than four weeks

Each party may require the contract to be entered into in writing at any time during its validity. The employer must give a basic copy of the contract to the employees' representatives at the employment office.

Probationary Period

This is not obligatory. If it is established, it must be set down in writing. Maximum duration: six months for technical personnel and two months for other workers. In companies with less than 25 employees it may not last for more than three months for non-technical personnel.

During the probationary period the employment relationship can be terminated by either party, without citing a reason and without notice, unless agreed otherwise. The probationary period is included for the purposes of length of service, and during this period the same rights and obligations that apply to workers on the permanent staff apply.

Duration

Employment contracts may be indefinite (fixed), or may have a particular duration (temporary). Normally, all employment contracts are indefinite and full-time, unless otherwise stated.

Content of the employment contract

The employment contract must include the following minimum features:

1. The identity of the signatories (employee and company)
2. The date of commencement of the employment relationship and its likely duration, if temporary
3. The registered office of the company and/or workplace where the worker usually provides his services
4. The professional category or group of the job performed by the worker or a summary description allowing the specific content of the work to be ascertained
5. The amount of the initial basic wage and fringe benefits and frequency of payment
6. The duration and distribution of the ordinary working hours
7. The duration of holidays and, where applicable, the means for determining the dates of such holidays
8. The periods of notice which, where applicable, the employer and employee must respect in the case of terminating the contract, or at least the form in which they are to be determined
9. The collective agreement applicable to the employment relationship, specifying the specific details enabling it to be identified

Types of Contract

In Spain, a worker can be recruited for an indefinite period or, in some cases, for a fixed term, according to the tasks to be carried out, the training involved or the characteristics of particular groups whose recruitment is being promoted (the disabled, young people, women, etc.). 

Further information can be obtained from the Public Employment Service (INEM).

Text last edited on: 06/2005

Source: European Union
© European Communities
Reproduction is authorised.