Types of Work Contracts in Spain: Indefinido, Temporal, Parcial and Your Rights
Since Spain's labour reform (RDL 32/2021), the permanent contract (indefinido) is the default. Temporary contracts are restricted to specific, justified causes. Understanding your contract type determines your severance pay, probation period and rights if things go wrong.
How Spanish contracts work
An employment contract in Spain may be written or verbal, but many contracts must be in writing: training contracts, part-time, fijo discontinuo, relief contracts, fixed-term contracts longer than four weeks, remote work and other legal cases. The employer reports the contract to SEPE within 10 days, and the contract governs: salary, hours, job category, workplace, duration and probation period.
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Check my contract →The legal framework is the Estatuto de los Trabajadores (Workers' Statute) and your sector's convenio colectivo (collective agreement), which often improves minimum conditions (salary, holidays, bonuses).
Contrato indefinido (permanent)
Contrato indefinido ordinario
No end date. The standard contract for most workers. Subtypes: full-time, part-time, fijo discontinuo.
Probation period (período de prueba): unless the convenio says otherwise, max 6 months for qualified professionals (titulados) and 2 months for others; in companies with fewer than 25 workers, up to 3 months for non-qualified staff. For temporary contracts of 6 months or less, max 1 month unless the convenio says otherwise. During probation, either party can end the contract without severance or notice.
Severance if fired: Objective dismissal with valid cause = 20 days/year worked (max 12 months pay); disciplinary dismissal declared procedente normally has no severance. Improcedente (unfair) = 33 days/year (max 24 months). Nulo (void, e.g. discrimination) = mandatory reinstatement + back pay.
Check what your Spanish contract really means
Tell NAVI the contract type, hours, salary and what worries you before signing or challenging it.
Contrato temporal (fixed-term)
Circunstancias de la producción
For temporary spikes in demand that the normal workforce cannot handle. Maximum 6 months (extendable to 12 by convenio colectivo). Or 90 non-continuous days per calendar year for "situaciones ocasionales, previsibles y de duración reducida" (predictable short-term peaks like Christmas sales).
Sustitución (replacement)
To replace a worker with the right to return: maternity/paternity leave, sick leave, excedencia, while a selection process is pending (max 3 months). The contract must name the replaced person and the cause.
Severance at end of a valid fixed-term contract: 12 days per year worked, except training contracts and fixed-term substitution contracts.
Training contracts
Formación en alternancia
For people without the professional qualification required for a professional-practice contract; the age limit up to 30 applies only to certain certificates and alternating training programmes. Combines paid work with formal training. Max 2 years. Salary: at least 60% of convenio salary (year 1), 75% (year 2) — never below SMI pro-rata. Work time cannot exceed 65% (year 1) or 85% (year 2).
Práctica profesional
For recent graduates (within 3 years of degree, or 5 if disabled). Max 1 year. Pay is set by the convenio or, failing that, by the relevant professional group; never below the minimum for the alternating training contract or the pro-rata SMI. Must be related to the qualification obtained.
Part-time (parcial)
A part-time contract specifies exact hours (per day, week, month or year). It can be indefinido or temporal. Key points:
- Same rights as full-time, proportional to hours
- Overtime (horas extraordinarias) is prohibited — only "horas complementarias" (extra hours agreed in advance, max 30% of regular hours for indefinido, 15% for temporal)
- You have priority to switch to full-time if a vacancy opens (derecho de preferencia)
- Social Security contributions are proportional — this affects your future paro and pension
Fijo discontinuo
A permanent contract for work that is seasonal or intermittent (tourism, agriculture, event services). You are "called" (llamamiento) each season. Between seasons you can collect unemployment benefit. Key characteristics:
- Indefinido (permanent) — seniority accumulates across seasons
- Employer must call you in order of seniority; failure to call = unfair dismissal
- Full rights (severance, unemployment) based on total time since hiring, not just active periods
- Post-reform, this replaces the old "contrato de obra y servicio" and many former temporals
Your rights regardless of contract type
Universal worker rights in Spain
- Minimum salary: SMI (€1,221/month in 14 payments in 2026)
- Social Security registration from day 1 (you can verify via vida laboral)
- 30 calendar days of paid holiday per year (2.5 days/month)
- Sick leave (baja) paid from day 4 of illness
- Written contract when the law requires it, and written information on essential conditions if the relationship lasts more than four weeks
- No discrimination by nationality, gender, religion or disability
- Convenio colectivo improvements (often: extra pagas, better salary, reduced hours)
What to check before signing
- Salary vs convenio: Look up your sector's convenio colectivo — your salary cannot be below what it stipulates for your category
- Job category (grupo profesional): Must match your actual work. If you're hired as "auxiliar" but do professional-level work, you're underpaid and underinsured
- Hours: Verify weekly hours match what was discussed. Part-time must specify exact figures
- Probation period: Check it matches legal or convenio limits (6, 3, 2 or 1 month depending on the case). Some convenios reduce it
- Contract type: If temporal, the cause must be explicit and real. No cause stated? Demand indefinido or report
- Centro de trabajo: Where you'll work. Mobility clauses should be limited
Problems and how to act
- No written contract when writing was required: By law, the relationship is presumed indefinido and full-time unless proven otherwise. Demand written formalisation. If refused, report to Inspección de Trabajo
- Temporal with no valid cause: You're legally indefinido. You can claim this at any time — during the relationship or after it ends (in case of dismissal, severance is calculated as indefinido)
- Working more hours than contract states: Keep evidence. Request formal recognition. If denied, Inspección de Trabajo or direct judicial claim
- Not registered with Social Security: Check your vida laboral immediately. Report to Inspección de Trabajo — your employer faces major fines and you recover lost rights retroactively
- Salary below convenio: File a claim at SMAC (papeleta de conciliación) for salary differences. 1-year limitation period
Frequently Asked Questions
What if my employer doesn't give me a written contract?
A contract can be verbal in some cases, but if written form was legally required and not respected, the law presumes an indefinido full-time relationship unless proven otherwise. You can demand written formalisation and, if refused, report to Inspección de Trabajo.
Can my temporal contract become indefinido?
Yes, automatically if: (1) the stated cause is not valid or doesn't exist, (2) you continue working past the maximum duration, (3) you've had two or more temporal contracts totaling 18+ months in a 24-month period for the same position. In all cases, you are indefinido by operation of law — you don't need the employer's agreement.
What is the probation period and can I be fired during it?
The período de prueba is an initial phase. Unless the convenio says otherwise, the maximum is 6 months for qualified professionals, 2 months for others, 3 months for non-qualified staff in companies with fewer than 25 workers, and 1 month for temporary contracts of 6 months or less. During that period, either party can terminate without severance, notice or reason. After it ends, the employer needs a legal cause (or must pay severance for improcedente). Some convenios reduce the maximum probation period.
Do I have the same rights on a part-time contract?
Yes — all rights apply proportionally. Same holidays, same Social Security coverage, same severance rules. The only difference: contributions are lower (affecting future paro and pension amounts), and horas extraordinarias are prohibited (only horas complementarias are allowed).
What is a fijo discontinuo contract?
A permanent contract for seasonal or intermittent work. You're called each season by seniority. Between seasons, you can collect unemployment. Seniority accumulates over your entire hiring period. If the employer doesn't call you when the season starts, it's treated as unfair dismissal.
How do I know if my contract is legal?
Check: (1) you received a signed copy, (2) the type matches reality (temporal has a valid cause), (3) category and salary match your convenio, (4) you're registered in Social Security (check vida laboral). If any of these fail, you can report to Inspección de Trabajo or consult a labour lawyer — initial consultations are typically free.
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