What are the types of employment contracts that exist in Spain?

All posts Leave a comment   Published on par Jonatan Carbonell

In Spain, knowing all the types of employment contracts can be a bit complex, because there are more than 40, however, all these types of contracts are grouped into 4 models defined by the Ministry of Labour and Social Economy. Below we will explain in more depth what they are and how to distinguish the types of employment contracts in Spain.

What is an employment contract?

The first thing you should know before knowing the types of employment contracts, is to know how to define what one is. Therefore, an employment contract is the legal agreement between the employer and the employee in which is specified the different characteristics and general aspects of the work to be performed by the employee, mode of work, salary, etc..

Now, are all contracts the same? The answer is no, that is why we have created this article for you, contracts vary depending on the type of work, the person who is hired, the person who hires and other characteristics that determine whether a contract is adapted for the worker or not.

What are the more than 40 types of employment contracts mentioned above?

These types of employment contracts include:

  • Ordinary employment contracts for an indefinite period of time.

  • Employment contracts for an indefinite period of time to support entrepreneurs.

  • Indefinite-term employment contracts of a young person by microenterprises and self-employed entrepreneurs.

  • Contracts for new youth entrepreneurship projects.

  • Part-time employment contracts with a training link.

  • Subsidised contracts for workers in a situation of social exclusion.

  • Subsidised contracts for workers in a situation of social exclusion by insertion companies.

  • Temporary contract for the promotion of employment for people in a situation of social exclusion in insertion companies.

  • Subsidised contracts for workers who have been accredited by the competent Administration as victims of gender violence, domestic violence or victims of terrorism.

  • Employment contracts for workers over 52 years of age with unemployment benefits.

  • Training and apprenticeship contracts.

  • Work experience contracts.

  • Fixed-term internship contracts for first-time employment.

  • Fixed-term contracts for works or services.

  • Temporary contract due to production circumstances.

  • Interim contracts.

  • Interim contracts entered into to replace a worker who is on leave of absence to care for family members, with a reduction in Social Security contributions.

  • Interim employment contracts to replace workers in training with workers receiving unemployment benefits.

  • Temporary contracts to replace workers during periods of rest and rest due to maternity, adoption, fostering, risk during pregnancy and breastfeeding or suspension due to paternity.

  • Interim employment contracts to replace sick leave due to temporary incapacity of workers with disabilities.

  • Interim employment contracts to replace female workers who were victims of gender violence.

  • Part-time employment contracts.

  • Discontinuous fixed-term employment contracts.

  • Relief employment contracts.

  • Employment contracts for an indefinite period of time for people with disabilities.

  • Employment contracts for an indefinite period of time for people with disabilities coming from labour enclaves.

  • Temporary employment contracts for people with disabilities.

  • Contracts for the training and apprenticeship of people with disabilities.

  • Internship contracts for people with disabilities.

  • Transformation of internship and temporary contracts for the promotion of employment for people with disabilities into permanent contracts with vocation.

  • Employment contracts for the performance of a specific scientific and technical research project.

  • Employment contracts for access to the Spanish R&D&I System.

  • Employment contracts for research personnel in training.

  • Work contracts formalized with research personnel in R&D&I companies.

  • Pre-doctoral contract.

  • Substitution contracts for early retirement.

  • Subsidised employment contracts for prisoners in penitentiary institutions.

  • Remote work contracts.

  • Group work contracts.

  • Transformation of internship, relief and substitution contracts due to early retirement age and possible first youth employment, into indefinite-term contracts with bonus.

  • Family Home Service Employment Contracts.

 

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Contract models

However, all these types of employment contracts cover four models: temporary contracts, permanent contracts, training and apprenticeship contracts and internship contracts. Let’s take a closer look at these 4 models.

Temporary contracts

As its name indicates, temporary employment contracts are those that have a duration already established by the employer and agreed with the worker. In these cases the contract may have a fixed duration that is either full-time or part-time.

On the other hand, this contract must be established in writing in all cases except those where, due to production circumstances, the contract has a duration of less than four weeks and the working day is full, in these cases the contract can be given verbally.

The regulations governing these types of contracts are stipulated in Article 15 of RDL 2/2015, of 23 October, which approves the revised text of the Workers’ Statute Law.

Fixed-term employment contracts must be notified to the SEPE no later than 10 days after the contract is signed.

 

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Permanent contracts

Unlike fixed-term employment contracts, open-ended contracts are those where the two parties do not agree on a specific time of work for different circumstances, in addition, open-ended employment contracts may be made verbally and also in writing, and may also be part-time, full-time or for the provision of discontinuous fixed services. }

An indefinite fixed-term employment contract are those contracts where the activities performed by the worker will not be continuous but when the worker’s services are required, but nevertheless it will be a fixed contract. In cases where it is repetitive on certain dates, a part-time contract regulation will be applied which will be established on an indefinite term basis. In cases of discontinuous fixed-term contracts, these will have to be made in writing.

In addition to indefinite-term fixed-term contracts, there are also other types of indefinite-term employment contracts that must be made in writing, such as part-time, distance or disabled contracts.

Then, explained in a simpler way, open-ended contracts are those where the worker has no work deadline, and this will end at the time when the company or contractor considers that all the work that was needed has been done.

 

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Training and apprenticeship contracts

These types of contracts are intended for young people, in order to encourage them in different subjects so that they can develop a working knowledge of the training in which they wish to work. According to the Ministry of Labour and Social Economy, apprenticeship training contracts have “a regime of alternation of paid work activity in a company with training activity received within the framework of the vocational training system for employment or the educational system”.

When we talk about young people, we refer to those who have the condition of being older than 16 years and who are under 25 years, in turn, these contracts have a minimum duration of 1 year and a maximum of 3 years, where the professional must not necessarily have a vocational training endorsed by a vocational training center.

Another important point to mention is that overtime, night work and shift work are prohibited in these contracts.

This type of contract has been in force since the labor reform of 2012, and in addition to being aimed at young people, it also seeks to encourage the labor market in the most disadvantaged sectors as well as those workers who also suffer labor problems such as people with disabilities.

 

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Internship contracts

The last type of contract is the internship contract. These contracts are the next step after apprenticeship contracts, that is, while training contracts are aimed at acquiring knowledge about a particular professional area, internship contracts allow you to gain experience in the area you have studied.

Unlike the previous contract model, internship contracts are aimed at people who have completed university, intermediate or higher education, or any other recognised qualification equivalent to those mentioned above.

One condition about these types of contracts is that they can only be obtained by workers as long as no more than 5 years have passed since the completion of their professional studies, on the other hand, the contract must have a minimum duration of 6 months and a maximum of 2 years, this in order to ensure that the professional can gain considerable experience in the sector in which it is located.

 

Although there is a large number of employment contracts, these are the four modalities in which we can group them all, the system of Spanish government contracts is extensive, so if you want advice do not hesitate to contact TAS Consulting, as we can guide you through all the steps and processes you need in legal, legal, accounting and technological issues, on our website you will find a section where you can contact us.

 

Published on par Jonatan Carbonell

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