Employment contracts in Spain
Guidance for employers and HR teams
Choose the contract that matches the work, not the label that seems most convenient. Spanish employment is presumed indefinite; temporary hiring requires a specific legal justification.
Indefinite and fixed-discontinuous contracts
An indefinite contract has no agreed end date and may be full time or part time. It is the normal option for an ongoing role.
A fixed-discontinuous contract is also indefinite. It can cover seasonal activity or intermittent work within the statutory conditions. It needs written terms and a lawful call-back process; it is not simply a temporary contract renewed each season.
When is a temporary contract appropriate?
The main temporary grounds are production circumstances and replacing a worker. The contract must identify the specific reason, the circumstances justifying it and their connection with the intended duration. A project name or a client’s commercial contract is not sufficient on its own.
- For occasional, unforeseeable production needs or qualifying fluctuations, the general maximum is six months; a sectoral collective agreement may extend it to one year.
- A separate route covers foreseeable, occasional needs for a limited number of non-continuous days in the year. Sector-specific exceptions need separate checking.
- Replacement contracts must identify the person replaced and the reason. Covering a reserved post, reduced hours or a recruitment process has different conditions.
- The former general obra y servicio contract is no longer an available model for new hires. Incorrect temporary hiring or exceeding applicable limits can lead to indefinite status.
Training contracts are a separate category
Training in alternation combines paid work with recognised education or training. A professional-practice contract is designed for work experience linked to a qualification. Each has its own eligibility, duration, tutoring, working-time and pay requirements.
Do not treat either arrangement as an ordinary low-cost temporary contract. Confirm that the training programme and the actual duties meet the rules before making an offer.
Terms to check before signing
- Identify the employer, role, professional group, workplace, applicable collective agreement, working time, gross pay and start date.
- Use written contracts where required, including part-time, fixed-discontinuous and training contracts. Written terms are good practice for every hire.
- Agree any probation period in writing before work starts. Its limits depend on the contract and collective agreement; repeating the same duties for the same employer can prevent a new probation period.
- Check extra payments, overtime or complementary hours, remote-work terms and privacy information. Communicate the contract to the employment service within the applicable deadline.
A contract’s end date does not settle every payment
Lawful expiry of many temporary contracts carries compensation equivalent to 12 days’ salary per year of service. Replacement and training contracts are among the statutory exceptions. Outstanding wages, accrued holiday and extra payments are separate settlement items.
Dismissal, resignation, expiry and ending a valid probation period are different legal events. Check the reason, notice, protected circumstances and procedure before processing a departure. Incentives and contribution reductions also require an individual eligibility check.
Frequently asked questions
Is a fixed-discontinuous contract temporary?
No. It is an indefinite employment relationship for work that fits the statutory intermittent or seasonal conditions, with rules on calling the employee back to work.
Can we use a temporary contract for any new project?
No. A project does not, by itself, justify temporary employment. The actual need must fit an available statutory ground and be documented precisely.
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Contact our employment teamRelated guides and services
Official sources
The linked official sources are in Spanish.
General guidance for employment in Spain. Check the applicable collective agreement and the circumstances of the individual case.