What are the types of employment contracts that exist in Spain? (2023)

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

What is an employment contract?

What are the types of employment contracts that exist in Spain? (1)

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

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

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

What are the types of employment contracts that exist in Spain? (2)

These types of employment contracts include:

  • Ordinary employment contracts for an indefinite period of time.

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

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

  • Contracts for new youth entrepreneurship projects.

  • Part-time employment contracts with a training link.

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

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

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

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

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

  • Training and apprenticeship contracts.

  • Work experience contracts.

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

  • Fixed-term contracts for works or services.

  • Temporary contract due to production circumstances.

  • Interim contracts.

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

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

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

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

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

  • Part-time employment contracts.

  • Discontinuous fixed-term employment contracts.

  • Relief employment contracts.

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

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

  • Temporary employment contracts for people with disabilities.

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

  • Internship contracts for people with disabilities.

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

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

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

  • Employment contracts for research personnel in training.

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

  • Pre-doctoral contract.

  • Substitution contracts for early retirement.

  • Subsidised employment contracts for prisoners in penitentiary institutions.

  • Remote work contracts.

  • Group work contracts.

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

  • Family Home Service Employment Contracts.

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Contract models

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

Temporary contracts

What are the types of employment contracts that exist in Spain? (3)

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

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

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

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

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Permanent contracts

What are the types of employment contracts that exist in Spain? (4)

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

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

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

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

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Training and apprenticeship contracts

What are the types of employment contracts that exist in Spain? (5)

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

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

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

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

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Internship contracts

What are the types of employment contracts that exist in Spain? (6)

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

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

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

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


What are the 4 types of employment contracts? ›

There are several different types of employment contract including full-time or part-time, fixed-term contracts, temporary, internships, apprentice agreements and freelancer contracts. Employers can also engage employees via zero-hours contracts.

What are the 3 types of employment contracts? ›

Types of Employment Contracts: Permanent employment, temporary employment and independent contractors.

What are the employment laws in Spain? ›

Full-time work in Spain is based on a maximum of 40 hours per week, calculated on an annual basis. According to Spain labor laws, at least 12 hours must elapse between the end of one working day and the start of the next. Once you've worked continuously for six hours in a working day, you can take a 15-minute break.

Which of the following are types of employment contract? ›

Take care in choosing the right Contract: e.g. Contract of Employment, Directors Agreements, Consultancy Agreement, Contract for Services and Employee Shareholder Agreement.

What are 5 main types of employment? ›

5 types of employment structures
  • Part-time employment. Part-time team members are individuals who work less than 35 hours a week and are typically paid by the hour rather than salaried. ...
  • Full-time employment. ...
  • Seasonal employment. ...
  • Temporary employment. ...
  • Leased employment.
6 Dec 2021

What are the 7 contracts? ›

There are 7 essential elements an agreement must have to be considered a valid contract. The elements of a contract include identification, offer, acceptance, consideration, meeting of the minds, competency and capacity, and legality.

What are the 7 types of employment? ›

Seven common employee classification types
  • Full-time. Full-time employees work for a specified number of hours every week and are typically paid on a salary basis that does not change. ...
  • Part-time. ...
  • Contract. ...
  • Independent contractor. ...
  • Temporary. ...
  • On-call. ...
  • Volunteer.
22 Jan 2021

What are the 5 basic types of contracts? ›

Federal government contracts are commonly divided into two main types, fixed-price and cost-reimbursement. Other contract types include incentive contracts, time-and-materials, labor-hour contracts, indefinite-delivery contracts, and letter contracts.

What are the 5 contracts? ›

The 5 elements of a legally binding contract are made up of:
  • An offer.
  • Acceptance,
  • Consideration.
  • Mutuality of obligation.
  • Competency and capacity.

How do I get a work contract in Spain? ›

Employment contracts (copia basica) in Spain must be lodged with the Public Employment Office. Seasonal contracts must be drawn up on a template provided by the employment office. Royal Decree 28/2020 defined remote working as comprising 30% of regular working hours undertaken from home or any remote location.

What are the rules of contract employment? ›

There are some characteristics of “Contract of employment.”
  • There is an employer and employee relationship between the parties.
  • One party act on the guidance and supervision of another party.
  • One party receive remuneration as consideration for his work as salary or wages from another party.
8 Apr 2021

Why is employment so low in Spain? ›

Causes. Spain suffers a high level of structural unemployment. Since the economic and financial crisis of the 1980s, unemployment has never dipped below 8%. One leading cause is an economy based mostly on tourism and building sectors, as well as lack of industry.

How many types of contracts are there? ›

The three most common contract types include: Fixed-price contracts. Cost-plus contracts. Time and materials contracts.

What is the best type of employment contract? ›

The most common contract is a permanent contract, which means the term of work is indefinite. Employees on permanent contracts can be full-time or part-time and typically receive benefits.

What are the different types of contract types? ›

Contracts can be of different types, including unilateral, bilateral, contingent, voidable, express, implied, executed, and executory contracts. It can be broadly classified based on quasi-contract.

What are the 6 types of employment? ›

Instead, it has identified six main worker types: operators, givers, artisans, explorers, pioneers and strivers.

What are the 2 types of employment? ›

Fixed term and contract employees

You can employ someone on a fixed term or contract basis for an agreed length of time or to perform a specific task; to work on a particular project or to replace an employee on leave, for example.

How many types of employment do we have? ›

There are three different types of employment status: Employee. Worker. Self-employed.

What 4 types of contracts must be written? ›

What Contracts are Required to Be in Writing?
  • Real estate sales;
  • Agreements to pay someone else's debts;
  • Contracts that take longer than one year to complete;
  • Real estate leases for longer than one year;
  • Contracts for over a certain amount of money (depending on the state);
16 Jan 2018

What are the names of contracts? ›

Types of contracts
  • Fixed-price contract. ...
  • Cost-reimbursement contract. ...
  • Cost-plus contract. ...
  • Time and materials contract. ...
  • Unit price contract. ...
  • Bilateral contract. ...
  • Unilateral contract. ...
  • Implied contract.
4 Sept 2020

What are the 8 general categories of contracts? ›

What are the Different Types of Contract?
  • Contract Types Overview.
  • Express and Implied Contracts.
  • Unilateral and Bilateral Contracts.
  • Unconscionable Contracts.
  • Adhesion Contracts.
  • Aleatory Contracts.
  • Option Contracts.
  • Fixed Price Contracts.

What are the 10 types of work? ›

What Is An Occupation?
  • Artist.
  • Business analyst.
  • Construction worker.
  • Designer.
  • Entrepreneur.
  • Freelancer.
  • Social worker.
10 Jun 2021

What are the 4 types of employment contracts in UK? ›

Contract types include:
  • full-time and part-time contracts.
  • fixed-term contracts.
  • agency staff.
  • freelancers, consultants, contractors.
  • zero-hours contracts.

What is a permanent contract in Spain? ›

Permanent contracts

Indefinite contracts, or contrato indefinido in Spanish, aim to start a working relationship without establishing a time limit. The main characteristics of normal permanent contracts in Spain are: The contract of employment has no end-by date.

What is a temporary contract in Spain? ›

The temporary contract, is one that aims to the establishment of an employment relationship between employer and employee by a certain time.

What is a pre contract in Spain? ›

When we talk about a pre-employment contract, we refer to a contract signed by the employer and the future employee, in order to establish the conditions that, later, will be reflected in an employment contract as such. It may also be called a letter of commitment to hire.

What are important terms in employment contract? ›

A standard employment contract contains information related to the employee's job, such as their position, responsibilities, compensation, hours of work, vacation entitlements, workplace policies and so on. It is a binding understanding between the employer and employee that will govern the working relationship.

What are the 3 main requirements for a contract? ›

Elements of a Contract
  • Offer - One of the parties made a promise to do or refrain from doing some specified action in the future.
  • Consideration - Something of value was promised in exchange for the specified action or nonaction. ...
  • Acceptance - The offer was accepted unambiguously.

What is the least salary in Spain? ›

Minimum Wage Increased in Spain - March 4, 2022
  • For domestic workers, from €7.04 to €7.82 per hour and €950.00 to €1000.00 per month;
  • For contingent and temporary workers, from €44.99 to €47.36 per day; and.
  • For general workers, from €950.00 to €1000.00 per month.
4 Mar 2022

What are the weaknesses of Spain? ›

Spain is a country with significant weaknesses in the areas of education, technology, employment, inequality, renewable energy and even institutional design.

What is the employment rate in Spain? ›

51.40 percent

What are the most common types of contracts? ›

Top Five Most Common Business Contracts
  1. Bill of Sale. A Bill of Sale is an agreement between two entities that states who owns a piece of personal property, what is it, when it was sold, how much it worths and who sold it. ...
  2. Employment Agreement. ...
  3. Licensing Contract. ...
  4. Nondisclosure Agreement. ...
  5. Promissory Note.
25 Nov 2022

What does employment type contract mean? ›

An employment contract is a legally binding agreement between an employer and employee used to define the working relationship. You can use one to outline the employee's role and responsibilities within the business as well as to outline their compensation and any benefits they might receive.

What are the 4 contract basics? ›

There are four main elements of a contract, including offer, acceptance, intention to create a binding legal relationship and consideration.

What are the four 4 most essential characteristics of contracts? ›

The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

What are all the types of contracts? ›

Types of Contracts: Learn About the 13 Main Options
  • Fixed-Price Contract.
  • Cost-Reimbursement Contract.
  • Cost-Plus Contract.
  • Time and Materials Contract.
  • Unit Price Contract.
  • Bilateral Contract.
  • Unilateral Contract.
  • Implied Contract.
26 Jan 2022

How many types of contracts are available? ›

Chapter 2 of the Indian Contract Act, 1872 discusses the voidable contracts and void agreements. On the basis of validity or enforceability, we have five different types of contracts as given below.

What are some examples of contracts? ›

Examples of standard form contracts can include:
  • employment contracts.
  • lease agreements.
  • insurance agreements.
  • financial agreements.

What are the 5 characteristics of contracts and explain each? ›

A legal contract must have a lawful purpose, mutual agreement, consideration, competent parties, and genuine assent to be enforceable. If a contract is breached, you may be able to sue for damages or seek other remedies.

What are the five aspects of the employment contract? ›

Top 5 aspects that should be included in your employment contract
  • The nature and description of the job. As an employee you will be required to provide your services to the employer. ...
  • Remuneration and benefits. ...
  • Duration. ...
  • Leave. ...
  • Termination.
4 Nov 2014

What are the three 3 Characteristics of a contract? ›

Contracts are made up of three basic parts – an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties. A public relations firm offers to provide its services to a potential client. An electrician offers to wire a new home.

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