Employment Contracts and Conditions
Classification by Length of Day
Full-Time
Hiring for full working days, depending on the worker’s status. The maximum workday is 40 hours. Contracts may be indefinite or fixed-term, allowing for a maximum of 80 overtime hours.
Part-Time
Contracts for working days less than full-time. These can be indefinite or fixed-term and must be in writing. Overtime is generally not allowed, except under force majeure.
Indefinite-Term Contracts
Common Contract
Concluded without a set time limit. Can be formalized in writing or verbally. Does not generate bonuses.
Permanent Promotion Contracts
Designed to promote recruitment of certain groups facing unemployment. May provide incentives to the employer.
Contracts for People with Disabilities
Applicable to workers with disabilities. May offer incentives.
Fixed-Term Contracts
Fixed-Discontinuous
Daily contracts repeating on the same dates each year (e.g., ski resort). The start date is known with certainty.
Fixed-Intermittent
Non-seasonal, irregular contracts for specific dates that may not repeat annually. May be part-time.
Temporary Contracts
Contracts for Eventual Circumstances of Production
Purpose: To meet circumstantial market demands or excess workload.
- Full-time or part-time.
- Must be in writing if longer than four weeks.
- Maximum duration: Six months within a twelve-month period.
- Compensation: Eight days of salary per year of service.
Contracts for Specific Work or Service
Purpose: Completion of a specific work or service with its own autonomy within the company’s activity. Uncertain duration.
- Must be in writing, identifying the work or service.
- Termination: Upon completion of the work or service, or by denouncement from either party.
- Compensation: Eight days of salary per year of service, or the corresponding proportion.
Temporary Replacement Contracts
Purpose: To replace a worker entitled to a position or during the selection process.
- Duration: As long as the substitution is needed.
- Must be in writing.
- Compensation: Prorated based on eight days of salary per year of service.
Insertion Contracts
Purpose: To provide work experience in general interest jobs.
- Full-time or part-time.
- Must be in writing, for workers registered with the employment office.
- Duration: Temporary.
Training Contracts
Requirements: Between 16 and 21 years old. No specific qualifications required.
- Purpose: Acquisition of theoretical and practical training.
- Duration: 6 months to 2 years.
- Full-time.
- Training: At least 15% of the workday.
- Remuneration: As set in the collective agreement, but not less than the minimum wage.
- Incentives: Social security bonus of €500 for four years.
Contracts for Practical Training
Purpose: To provide professional practice relevant to university studies or vocational training.
- Worker Requirements: Degree or professional diploma. No prior practical training contracts exceeding two years. No more than four years since obtaining the qualification.
- Duration: 6 months to 2 years.
- Remuneration: Not less than the minimum wage. Fixed in the agreement, but not below 60% in the first year and 75% in the second year of the salary for a worker in the same position.
- Full-time or part-time.
Relief Contracts
Purpose: To provide services for a part of the day while another worker is relieved.
- Duration: As long as the relieved worker is absent.
- Full-time or part-time.
- Requirements: The relief worker must be unemployed and have less than five years until retirement.
- Workplace: Can be the same or similar to the substituted worker.
Other Contract Types
- Early Retirement Replacement
- Contracts for People with Disabilities
- Home-Work Contracts
- Group Labor Contracts
Modifying Working Conditions
The employer has the power to vary assigned functions within certain limits to adapt to company needs.
Ius Variandi
Limits the employer’s power of direction.
- Functional Mobility (Article 39.1 TRLET): Related to the description, classification, and allocation of professional functions.
- Geographical Mobility: Requires a change of residence for the worker. Displacements cannot exceed 12 months in a 3-year period.
Functional Mobility
Allows the employer to change the employee’s duties within the workplace.
- Equivalent positions: The employer can modify functions without reducing salary, provided the worker has the necessary qualifications.
- Non-equivalent positions: Requires just cause and only for the essential time. If in a lower category, the salary remains. If in a higher category, the worker is entitled to the corresponding salary. If in a higher category for 6 months within 8 months in a year or for two years, the worker has the right to seek promotion.
Geographical Mobility (Article 40)
Allows the employer to move an employee to a different workplace, involving a temporary or permanent change of residence.
- Relocation: If the move is to another town and involves a change of residence for more than 12 months. Can be individual or collective. The worker can accept the relocation (with company-paid expenses) or terminate the contract and challenge the decision in court.
- Displacement: Temporary change of residence.
Substantial Changes
The company can modify some aspects of the employment contract for economic, technical, or organizational reasons. These include work hours, shift systems, pay systems, and functions. The employee can accept the changes or receive compensation of 20 days’ salary per year of service.
Settlement
Includes salary, extra payments, unused vacation time, and potential bonuses. Regulated by social security contributions and income tax withholding.