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Portugal - Tipos de contratos de trabajo


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Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

      Law 3/2012 of 10 January 2012: two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC) until 30 June 2013. The total duration of such renewals cannot exceed 18 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2014

      NEW in 2013 : Under Law 76/2013, of November 7 2013, two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC or Law 3/2012) within two years of the entry into force of the Law. The total duration of such renewals cannot exceed 12 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2016.
  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat

+ show references

Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

      Law 3/2012 of 10 January 2012: two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC) until 30 June 2013. The total duration of such renewals cannot exceed 18 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2014

      NEW in 2013 : Under Law 76/2013, of November 7 2013, two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC or Law 3/2012) within two years of the entry into force of the Law. The total duration of such renewals cannot exceed 12 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2016.
  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat

+ show references

Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    NOTE: This information has changed since the previous period covered.
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

      NEW in 2012 : Law 3/2012 of 10 January 2012: two extraordinary renewals are allowed for FTCs that achieve their maximum duration (pursuant to art 148 LC) until 30 June 2013. The total duration of such renewals cannot exceed 18 months and each of .the extraordinary renewals cannot be shorter than one-sixth of the lower between (i) the maximum duration of the FTC; (ii) its actual duration. In any case, the limit of the FTCs subject to this regime of extraordinary renewals to be in force is December 31, 2014
  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat

+ show references

Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat

+ show references

Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat

+ show references

Duración maxima del periodo de prueba: 240 día(s)

Remarks:
  • With respect to the duration of the probationary period, the LC distinguishes between the type and the duration of the contract (fixed-term or open-ended) and the category of workers concerned (art. 112 LC).
    1) Contract of indefinite duration (open-ended contract):
    - As a general rule, the standard statutory duration of the probationary period shall be 90 days.
    - It is extended to 180 days for employees who hold positions of a complex technical nature, with high degree of responsibility, or which require special qualifications, as well employees in a position of trust.
    - The probationary period is 240 days for managers or senior executives. (art. 112(1) LC)

    2) Contract of definite duration (fixed-term contract):
    For FTCs, the length of probationary period depends on the duration of the contracts. It is:
    - 30 days in the event of a FTC concluded for at least 6 months;
    - 15 days in the event of a FTC with a fixed date of expiry is concluded for less than 6 month or in the event of an FTC with an uncertain term if the expected duration does not exceed that limit. (art. 112(2) LC)

    In addition for service commission contract which can be concluded with some categories of workers holding managerial functions (see above the remarks under "worker's categories excluded"), the length of the probationary period depends on the stipulations of the contracts but must not exceed 180 days. (art. 112(3) LC)

    The probationary period can be excluded or reduced by written agreement of the parties. It can also be reduced by collective agreement (but not excluded) (art. 111(3) and 112(5) LC)
    During the probationary period, either party may unilaterally terminate the contract, without prior notice of need to invoke just cause. Unless expressly provided in the contract, there is no right of compensation for termination during that period. (art. 114 LC)

Contrato de duración determinada (CDD):
  • FTC regulated: Si
    Remarks:
    • FTCs are regulated in arts. 139-149 LC. The LC establishes a distinction between FTCs with a fixed date of termination (certain term) and those which date of expiry is not known in advance (uncertain term).

      It is worth noting that the statutory rules on FTCs contained in the LC may be waived or modified by collective agreement, with the of the possibility to conclude FTCs with workers seeking their first employment or long-term unemployed workers and the rules concerning the maximum (cumulative) duration of FTCs (art. 139 LC).
  • Razones de utilización legítima de CDD: razones materiales y objetivas
    Remarks:
    • According to art. 140(1) LC, FTCs are only allowed to satisfy temporary needs of the undertaking and for the period strictly necessary to satisfy such needs. Art. 140(2) provides a non-exhaustive list of examples of temporary needs of the undertaking:
      - Direct or indirect replacement of an absent employee
      * for any reason, who is temporary unable to work,
      * with a pending lawsuit challenging the lawfulness of his/her dismissal,
      * who is taking an unpaid leave of absence,
      * who goes from working full-time work to part time.
      - Seasonal activity or activities with irregular production cycles due to the structural nature of the market;
      - exceptional increase in the undertaking¿s activity;
      - Performance of an occasional task or certain precisely defined and short-term service.
      - Execution of work, project or precisely defined and temporary activity, including the implementation, management or supervision of civil engineering, public works, industrial installations and repairs, in contract work regime or direct administration.
      In addition, the LC allows the conclusion of FTCs when no temporary needs are involved, in linted cases. These are:
      - launching a new activity of uncertain duration or starting-up an undertaking or branch of enterprise of fewer than 750 employees ;
      - hiring workers seeking their first job or long-term unemployed worker and in certain situations foreseen in specific laws on employment policy.
      (art. 140(4) LC)


  • Número máximo de CDD consecutivos: 4
    Remarks:
    • FTCs with a specified date of expiry (certain term) may only be renewed three times (art. 148(1) LC)
      Note that this rule did not exist in the 2003 LC.
      There is no such limitation for FTCs with an uncertain term but the law limits their duration up to a maximum of 6 years.
  • Duración máxima acumulativa de CDD consecutivos: 3 año(s)
    Remarks:
    • The maximum cumulative duration of successive FTCs (and for a single FTC) varies according to the type of contracts and the reasons for which they were concluded.
      1) FTCs with a specified date of expiry (certain term)
      - 3 years as a general rule
      - 2 years for contracts concluded with long-term unemployed workers or for launching a new activity or starting up a new company provided the total number of workers does not exceed 700.
      - 18 months for contracts concluded with workers seeking their first job. (art. 148(1) LC).
      (Note that under the 2003 LC, after the 3-year period, FTCs could still be further renewed on an exceptional basis for a period of at least 1 year and not more than 3 years. Therefore the maximum cumulative duration of successive FTCs with an certain term was 6 years)

      2) FTCs with an uncertain term:
      The maximum duration is 6 years. (art. 148(4) LC)

  • % de trabajadores bajo CDD: 22 %
    Remarks:
    • Data for 2009 (annual survey) corresponding to the percentage of temporary employees of the total number of employees aged 15-64 years.
      Employees with temporary contracts are defined as those who declare themselves as having a fixed term employment contract or a job which will terminate if certain objective criteria are met, such as completion of an assignment or return of the employee who was temporarily replaced.
      Source: Eurostat