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Spain - Types of employment contracts


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Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      Article 15(1)a) ET establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      The Law 35/2010 of 17 September 2010 (as already provided by Royal Decree Law 10/2010 of 16 June 2010) establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      As from 2013, temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      The Law 35/2010 of 17 September 2010 (as already provided by Royal Decree Law 10/2010 of 16 June 2010) establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

NOTE: This information has changed since the previous period covered.
Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

    A maximum probationary period of one month for temporary contracts not exceeding six months is now provided by art. 14 ET ( as from the entry into force of Royal Decree Law 16/2013 ) (there used to be no specific limit for such contracts).

    Probationary period for open-ended contracts in firms with fewer than 50 employees will be one year (art. 4 Royal Decree Law 3/2012).


Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

      NEW in 2013 : temporary contracts can be entered with young people without work experience and under 30 years of age even if the job is of a permanent nature (art. 12 Law 11/2013).
  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      The Law 35/2010 of 17 September 2010 (as already provided by Royal Decree Law 10/2010 of 16 June 2010) establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).

      The Law 35/2010 of 17 September 2010 (as already provided by Royal Decree Law 10/2010 of 16 June 2010) establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is set in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

  • Maximum number of successive FTCs: 2
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The maximum duration of a single FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      There used to be no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).
      NEW:This has now changed with the Labour Market Reform. The Law 35/2010 of 17 September 2010 (as already provided by Royal Decree Law 10/2010 of 16 June 2010) establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After this period has elapsed, if the worker continues providing services, he or she acquires the status of permanent employees.

      With regard to cumulative duration of successive FTCs, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same position in the same undertaking through 2 or more fixed-term contracts for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.
      NEW:As a result of the labour market reform (Law 35/2010, but already provided in the RDL 10/2010), this rule now applies to workers in different positions employed not only in the same undertaking but also in undertakings belonging to the same group.

  • % of workforce under FTC: 25.6 %
    Remarks:
    • Source: Eurostat, third trimester 2010.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address temporary increase in the workload, the fixed-term contract can be extended or renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 month in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no limitations with regards to the number of renewal of FTC concluded for other objective reasons (specific project or service, replacement).

  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      - There are no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).
      However, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same job in the same undertaking through 2 or more fixed-term contract for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.

      NOTE - Labour Market Reform, enacted by Royal Decree Law 10/2010 [RDL10]:
      The RDL establishes a limitation on the maximum duration of fixed-term contract concluded for the performance of a specific job or service: the maximum duration is 3 years, and may be extended to 4 years by sectoral collective agreement or, alternatively, by sector-wide collective agreement. After these periods, workers acquire the status of permanent employees.
  • % of workforce under FTC: 25.4 %
    Remarks:
    • Source: Eurostat, annual average for 2009.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."
+ show references

Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The maximum duration of the probationary period is in accordance with the provisions of collective agreements. However, in the absence of a collective agreement, the duration of probationary period may not exceed six months for skilled technicians, or two months for other workers.
    In enterprises employing fewer than 25 workers the probation period may not exceed three months for workers who are not skilled technicians (art. 14 ET).

Fixed term contract (FTC):
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Fixed-term contracts can be concluded in limited situations:
      - Temporary increase in workload : When business demands are high and resources are stretched or there is backlog, even though the work maybe within the normal activity of the enterprise. In such cases, contracts can be concluded for a maximum of 6 months within a twelve-month period. In some cases, the maximum length can be up to 18 months if worker's union agreement so stipulates (art. 15(1)b) ET);
      - Specific project or service: the worker is hired to undertake an autonomous and specifically delimited project or to provide service the execution of which, although limited is of uncertain duration (art. 15(1)a) ET).
      - Replacement of a worker: When the contractor substitutes a worker entitled to return to work after leave (art. 15(1)c) ET).
      In addition to these above-mentioned objective reasons, FTC can be concluded for the following reasons: training purposes, employment of workers with disabilities and replacement of workers on the verge of retirement. The rules governing those contracts will not be further studied here.

  • Maximum number of successive FTCs: 2
    Remarks:
    • The maximum number of FTC depends on the reason for which the contract is concluded.
      - If it is concluded to address a temporary increase in workload, the fixed-term contract can be renewed only once, within the maximum duration (6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement) [Art. 15 (1)b) ET].
      - There are no specific limitations with regard to the number of renewals of FTC concluded for other objective reasons (specific project or service, replacement).
      However, art. 15(5) ET stipulates that employees who, within a 30-month period have been employed through 2 or more fixed-term contract for more than 24 months, in the same position in the same undertaking, either directly or through temporary employment agencies, shall become permanent employees.
  • Maximum cumulative duration of successive FTCs: 24 month(s)
    Remarks:
    • The maximum duration of FTC depends on the reason for which the contract was concluded.
      - If it is concluded to address a temporary increase in workload, the maximum duration is 6 months in any 12-month period which can be extended to 12 months in any 18-month period by collective agreement [Art. 15 (1)b) ET].
      - There are no specific limitations on the maximum cumulative duration of FTC concluded for other objective reasons (specific project or service, replacement).
      However, art. 15(5) ET stipulates that an employee who, within a 30-month period has been employed in the same job in the same undertaking through 2 or more fixed-term contract for more than 24 months in total, either directly or through a temporary employment agency, shall become a permanent employee.
  • % of workforce under FTC: 25.4 %
    Remarks:
    • Source: Eurostat, annual average for 2009.
      The figure refers to the percentage of total number of employees with contracts of limited duration (= temporary jobs). Eurostat data are based on the following definition:
      "A job may be considered temporary if employer and employee agree that its end is determined by objective conditions such as a specific date, the completion of a task or the return of another employee who has been temporarily replaced (usually stated in a work contract of limited duration). Typical cases are: (a) persons with seasonal employment; (b) persons engaged by an agency or employment exchange and hired to a third party to perform a specific task (unless there is a written work contract of unlimited duration); (c) persons with specific training contracts."