Spanish Labor Law: Contracts and Working Conditions
Law 35/2010 of 17 September
Main Changes:
- Promote stable employment and restrict temporary contracts.
- Temporary reduction measures in times of crisis.
- Reorder bonus policy for permanent contracts for young and unemployed individuals.
Affects:
- Contracts (work practices, training, promotion of permanent contracts)
- No chain of contracts
- Gender equality
- Compensation for labor or service contracts
- Changes in working conditions and collective geographical mobility
- Suspension and reduced working hours
- Target
- Collective dismissal
- Collective bargaining
- FOGASA
Labor Administration
- Develops labor policies and ensures compliance.
- State regulation on basic principles.
- Regulation by royal decrees and ministerial orders.
- Regions can legislate respecting the established basis.
Work Inspection
State administration body. Objective: Monitor compliance with labor laws.
Actions by:
- Initiative
- Order of superior inspection
- Business
- Social Security
- Withdrawal of any person
Types of Contracts
Permanent Contract
- No end date.
- Considered indefinite if: workers are not discharged in Social Security after probation, or contracts are used to evade the law.
Building Contract of Permanent Contracts
Valid for:
- Unemployed (young, women 16-30 recruited for occupations with low female employment rates, over 45 years, disabled, those at risk of social exclusion, victims of domestic violence).
- Workers with temporary contracts at the same company.
Features:
- Indefinite time.
- Written compensation: 33 days per year, maximum 24 months.
Fixed-Term Contracts
- Have a set end date.
- Become indefinite after 24 months if: same company and job, or two or more temporary contracts (excluding interim, training, and respite).
Contract for Work or Service
- Limited but uncertain duration.
- Generally in construction.
- 15 days’ notice or equivalent compensation if over 1 year.
- Written.
- Maximum duration of 3 years, extendable by 1 more.
Temporary Due to Production
- Addresses specific increases in activity.
- Maximum duration of 6 months, extendable for another 6 (up to 18 months by collective agreement).
- Supports a single extension.
- Compensation of 8 days per year.
- Written if it exceeds 4 weeks or is part-time.
Interim
- Replaces workers with the right to retain their job.
- Fills a position until selection or promotion resolution (max. 3 months).
- No compensation.
- Written, including the worker’s name and reason for replacement.
Practice Contract (Training)
- For young people to gain experience.
- Requires a university degree or technical qualification obtained within the last 4 years (6 years for disabled).
- Duration: 6 months to 2 years, supports 2 extensions.
- Pay: at least 60% in Year 1, 75% in Year 2 of the collective agreement wage.
- Salary never less than minimum wage.
Formation Contract (Training)
- Acquires knowledge and skills for a trade or skilled position.
- Workers between 16 and 21 (exceptions apply).
- Duration: 6 months to 2 years (3 years by agreement), supports 2 extensions.
- No part-time.
- At least 15% of time for theoretical training.
- Collective wage agreement, but at least minimum wage.
- Employer provides a certificate upon completion.
- Number of contracts in proportion to the template.
- Social Security contribution established annually.
- No compensation, does not count toward retirement.
Part-Time Contracts
- Fewer hours than full-time employment.
- Contract includes hours per day, week, month, or year.
- Indefinite for permanent or fixed intermittent workers.
- No overtime except for extraordinary cases.
- Possibility of negotiating additional hours in writing.
- Compensation proportional to time worked.
Contract Over
- Partially replaces a worker accessing partial retirement.
- Indefinite or equal to the time until retirement age.
- Full-time, compensation of 8 days per year.
Contract Replacement Due to Early Retirement
- Replaces workers retiring 1 year early.
- Duration of 1 year.
- Compensation of 12 days per year (from 18/06/2010).
Contract Work at Home
- Services provided outside the workplace.
- Equivalent conditions to the workplace.
Workgroups Contract
- Contract for a group of workers.
- Head of the group represents the workers.
- Oral or written contract.
- Temporary or indefinite.
Contract for Victims of Domestic Violence
- Indefinite or temporary.
- Full or part-time.
- Bonus share for common contingencies.
ETT (Temporary Employment Agencies)
- Provides workers to companies on a temporary basis.
- Written contract on the official form.
- Not for construction sites, hazardous activities, strike replacements, or other ETTs.
- Steering power is with the user enterprise, sanctioning power with the ETT.
- Workers covered by ETT collective agreements.
- Trial period: max. 4 months for qualified technicians, 15 days for unskilled, 45 days for others.
- Compensation of 12 days per year.
Subcontracting
Part of a company’s activity is assigned to a contract or subcontract.
The Work Day
- Maximum 40 hours per week on average annual total.
- Never exceed 9 hours a day (except by collective agreement or for those under 18, who have a maximum of 8 hours).
- Workers can adjust the day for personal, family, and work reconciliation.
Reduction of the Day
- For legal guardians of children under 8 or individuals with impairments: reduction of at least 1/8 of the day, up to half.
- For breastfeeding: 1 hour in 2 fractions or reduced hours by half an hour for children under 9 months.
Rest Periods
- Daily: 12 hours between the end and the beginning of the next day.
- Weekly: Minimum of one and a half uninterrupted periods, stacks of 14 days (11+3), 2 consecutive days for those under 18.
- Continuous workday: If it exceeds 6 hours, 15 minutes minimum break; for those under 18, 30 minutes over 4 hours (not considered uptime).