Understanding employment contracts in Spain is essential whether you’re hiring or getting hired. Spanish labor law defines several distinct contract types—each with its own rules on duration, benefits, and termination.
This guide breaks down the key contract types, their legal features, and what employers and employees need to watch out for.
📝 1. What Makes a Contract Valid in Spain?
A Spanish employment contract must include:
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Identification of employer and employee
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Start date and contract duration
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Job role and duties
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Salary and payment structure
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Working hours and location
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Collective agreement (if applicable)
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Trial period (optional, usually 2–6 months)
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Termination clauses
📌 Contracts lasting more than 4 weeks must be in writing.
📘 2. Indefinite Contract (Contrato Indefinido)
This is the default and most stable type of contract.
Features:
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No set end date
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Full employee protections (e.g., severance, dismissal rules)
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Can be full-time or part-time
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Includes permanent and remote positions
🟢 Best for: Long-term employees, key hires, legal compliance
📆 3. Fixed-Term or Temporary Contract (Contrato Temporal)
Used when the work is not permanent, such as for:
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Seasonal work
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Projects with a defined end
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Substitution (e.g., maternity leave)
Legal limits:
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Usually capped at 6 months to 1 year
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Can only be renewed once or twice, depending on the collective agreement
⚠️ Important: Spanish labor reforms have restricted the overuse of temporary contracts. Indefinite contracts are now preferred by law.
⏳ 4. Training Contract (Contrato de Formación)
For employees under 30 who lack qualifications.
Features:
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Combines paid work and formal training
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Must include access to a recognized educational institution
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Duration: 6 months to 2 years
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Reduced employer social contributions
🟢 Often used for internships or junior hires.
🧑🎓 5. Internship Contract (Contrato en Prácticas)
For university or vocational graduates within 5 years of finishing their studies.
Key Points:
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Duration: 6 to 12 months, max 2 years
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Salary: At least 60–75% of equivalent role
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Must be related to field of study
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Can transition into indefinite contract
🕰️ 6. Part-Time Contract (Contrato a Tiempo Parcial)
Used when working less than full-time (40 hours/week).
Requirements:
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Contract must clearly state weekly working hours
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Cannot exceed 30 hours/week unless permitted by law
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Employee has proportional rights (e.g., holidays, benefits)
🟠 Often used in hospitality, retail, and caregiving.
💻 7. Remote Work Contract (Contrato de Teletrabajo)
Remote work is regulated by Spain’s Ley del Teletrabajo.
Must Include:
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Equipment provided by employer
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Schedule and availability
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Expense reimbursement terms
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Right to disconnect
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Risk prevention and data protection clauses
📌 Required for employees working remotely more than 30% of the time.
🔁 8. Discontinuous Fixed Contracts (Contrato Fijo Discontinuo)
Used for recurring but non-continuous seasonal work.
Examples:
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Tourism sector (hotels, resorts)
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Agricultural campaigns
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Education (semester-based)
Employees retain a long-term link with the company and are recalled when needed.
⚖️ 9. Collective Agreements & Sector Norms
Employment contracts in Spain must respect collective bargaining agreements (“convenios colectivos”), which can define:
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Minimum wages by role
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Trial periods
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Working time
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Additional benefits (e.g., meal vouchers, extra holidays)
Employers must always check which sector-specific agreement applies.
📂 10. Bilingual & Localized Contracts
Foreign companies should:
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Use contracts in Spanish and optionally English
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Tailor clauses to local labor laws
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Avoid template contracts from other jurisdictions (e.g., UK or US)
Borderless Lawyers offers compliant, bilingual employment contracts customized for your business.
👩⚖️ Let Us Draft or Review Your Contracts in Spain
Whether you’re hiring locally or relocating talent, Borderless Lawyers ensures every employment contract complies with Spanish labor law and protects your business interests.