Types of Contracts in 2024
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Monday, April 01, 2024 08:30
Written by Chema Garcia
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Knowing the different types of contracts available is essential for any worker in Spain. As the labour market evolves, so do the forms of contracting, adapting to new realities and needs.
This article aims to be a clear and concise guide to understanding the variety of legally recognized contracts in 2024 , ensuring that workers and employers can navigate the employment landscape with confidence and up-to-date knowledge.
Before knowing the different types of contracts that currently exist, we must first define what an employment contract is .
What is an employment contract?
An employment contract is an agreement between an employer and an employee, which stipulates the working conditions , rights, obligations and responsibilities of both parties.
This legally binding document sets out key aspects such as the duration of the contract, working hours, salary, job position and tasks to be performed. Its purpose is to guarantee security and clarity in the employment relationship, ensuring that both employer and employee understand their duties and rights.
Employment contracts can take various forms depending on the nature of the employment, duration and other specific criteria, which are regulated by the country's labour legislation to protect both workers and employers.
HR technician, young man with long hair at his desk shakes hands with a guy with glasses and a bun who has just signed an employment contract
The SEPE Contract Guide, updated to 2023, is a tool created by the Ministry of Labor and Social Economy that covers the current regulations on the types of employment contracts and hiring incentives in Spain. Intended to inform citizens and agents of the labor market, this guide breaks down the characteristics and requirements of the four main types of contracts: indefinite, temporary, training in alternation and training for professional practice . Its purpose is to clarify the hiring process and facilitate compliance with obligations by companies.
Permanent Contract
The permanent employment contract is established without a time limit and can be for full-time, part-time or for fixed discontinuous jobs.
Some permanent contracts may benefit from hiring incentives if they meet certain requirements. kuwait email list Although verbal contracts are permitted, it is essential to formalize them in writing, especially in specific cases such as remote work or fixed-term contracts, to ensure legality and labor rights. In addition, proper formalization and communication to the SEPE are crucial for the validity and recognition of the contract.
Specifications to consider:
If the contract is not formalized in writing when required, it will be assumed that it is indefinite and full-time , unless proven otherwise, as indicated in the Workers' Statute. During the employment relationship, both parties have the right to request that the contract be drawn up in writing.
Individuals will be considered permanent workers , regardless of how their contract was originally established, if they have not been registered with Social Security after a period equivalent to the legal probationary period. This applies unless the contracted tasks or services clearly show that they are of limited duration.
After signing a contract, your information must be sent to the State Employment Service within 10 days. In case of employing a disabled person, the contract must be drawn up in writing, in four copies using the official form, accompanied by the application for registration with Social Security and the certificate of disability.
For fixed-term discontinuous employment contracts, it is mandatory to draw them up according to an established model , specifying the estimated duration of employment, as well as the methodology and order of recruitment defined by the relevant collective agreement. The expected working hours and their distribution must also be detailed in an approximate manner.
In teleworking contracts, it is necessary to specify the place where the work will be carried out . The teleworking agreement must be documented in writing, either at the beginning or during the employment relationship. In addition, it will follow the regulations of article 8.4 of the Workers' Statute regarding the basic copy of the contract.
In part-time contracts, it is necessary to detail the daily, weekly, monthly or annual working hours and how they are distributed. If this is not done, it will be assumed that the contract is full-time, unless it is proven that the work is part-time and the hours and their distribution are specified.
The conversion of temporary contracts into permanent contracts, whether full-time, part-time or fixed-term, must be carried out in writing following the format of the State Public Employment Service . In addition, this conversion must be notified to the Public Employment Service within ten days of its completion.
Temporary Contract
A temporary contract establishes an employment relationship for a limited period , detailing the reasons and conditions of its temporary nature and may be full-time or part-time. Its formalization is generally written, but it may be verbal under certain circumstances. Temporary employment may arise due to various needs, including specific projects, substitutions or job promotion for certain groups. Abuse of these contracts may lead to their conversion into permanent contracts, and there are specific conditions for their formalization and registration.