Understanding Temporary Employment Contracts in Spain
Formalizing Contract Practices in Spain
University, vocational training, higher-level education, or equivalent titles officially recognized as enabling practice are required.
Timeframe for Entering a Contract in Practice
Four years following the termination of studies.
Time to Start After Completing Studies
Upon termination of studies.
Negligence in the Performance of Tasks
No, because judgments cannot be made about the extent of the practices achieved.
Fixed-Discontinuous Employment
Examples include work in:
- Municipalities (Ayuntamiento).
- Swimming pools.
- Canned fruits.
- Fish collection.
- Olives and oranges harvesting.
- Tourism.
Interim Contract and its Duration
For example, when any worker takes a leave due to a major illness, its maximum duration is 3 months.
Accumulation of Missed Work Exceeding One Year
Yes, the sectoral collective agreement can change the duration, but it can never establish a reference period exceeding 18 months.
Work or Service Contract
The duration of the contract will be the time required for the completion of the work or service.
Defining Temporary Employment Agencies
These are entities whose activity is to provide one or more companies with temporary workers hired by them.
Financial Start
Reasons include:
- Temporarily covering a job position for the duration of the selection process.
- Completion of a specific work or service.
- Replacing workers with the right to reserve their job position.
- Addressing situational market requirements.
Assignment to a Contract for Provision
The user company holds the power of direction and control of the workplace.
Contract Termination and Worker Rights
Compensation: 20 days per year of service, up to a maximum of 9 months.
Aspects controlled by user company:
- Schedules.
- Workday.
- Shift.
- Working scheme.
- Remuneration system.
- Work system and performance.
- Functions.
Belonging to a Higher Category
The worker has the right to job reservation.
Suspension and Extinction of the Employment Contract
Suspension of employment is the temporary interruption of labor supply due to a number of causes mentioned in the Workers’ Statute. Extinction is when a contract reaches its end.
Employment Contract Termination According to Article 50
Reasons include:
- Non-payment or continued delays in payment.
- Any other material breach by the employer.
- Modification of work conditions that adversely affect training.
Company Layoffs
The company must have at least 6 workers.
Claiming Against Dismissal
If a worker disagrees with the dismissal, they can appeal against it or try to reach a conciliation. If no agreement is reached, a lawsuit must be filed. The following rulings can be issued:
- Fair Dismissal (Despido Procedente): The employer proved the alleged cause, and it is firm.
- Unfair Dismissal (Despido Improcedente): The alleged cause is not proven. The employer can choose between reinstatement of the worker or termination.
- Null Dismissal (Despido Nulo): Formal requirements for dismissal have not been fulfilled, or the dismissal violates fundamental labor rights.
Examples of causes for dismissal:
- Supervening incapacity for normal work: Objective extinction.
- Lack of punctuality: Disciplinary dismissal.
- Drug addiction: Disciplinary dismissal.
- Unjustified absence: Termination of contract for objective reasons.
- Voluntary decrease in work performance: Disciplinary dismissal.