Spanish work contracts explained: indefinido, temporal, fijo-discontinuo

The contract types after the 2022 labour reform

Since the 2022 labour reform, permanent contracts are the rule and temporary contracts the exception. Every legal contract in Spain fits one of these types.

Indefinido: the standard permanent contract

No end date. This is the legal default: a contract is presumed indefinido unless it states a valid temporary cause. It runs until you resign, retire, or are dismissed for a valid reason.

Fijo-discontinuo: permanent but seasonal

A fijo-discontinuo contract is a permanent contract for work that stops and starts, such as tourism or agriculture. You stay employed all year but only work during the active periods. Your employer must call you back each season (the 'llamamiento'), following the rules in your contract or collective agreement.

Between call-ups you are legally unemployed: you can claim unemployment benefit if you meet the normal requirements, and every period you work adds new contributions. The benefit stops when you are called back.

Temporal: only for two specific causes

A temporary contract is only legal in two situations:

• Production circumstances ('circunstancias de la producción'): an occasional, unforeseeable peak in activity. Maximum 6 months, or up to 12 months if the sector's collective agreement allows it. For foreseeable short peaks a company may use this contract for at most 90 days per calendar year.
• Substitution ('sustitución'): replacing a worker whose job is reserved, for example during maternity leave or long-term sick leave. It lasts until that person returns.

When a production-circumstances contract ends, you are owed severance of 12 days of salary per year worked. Substitution and training contracts carry no end-of-contract severance.

A temporary contract without a valid cause becomes permanent by law. The same happens if you work more than 18 months within a 24-month period for the same company on production-circumstances contracts, or if the company failed to register you with Social Security within the legal trial period.

Training contracts

There are two: the 'formación en alternancia' contract (work combined with study, for people without the relevant qualification) and the 'práctica profesional' contract (for recent graduates gaining experience in their field). Both have age and duration limits, and both are fully insured jobs.

What must appear in your contract

Check these points before you sign:

• Identification: the company's name, CIF and address, plus your name, NIE and Social Security number. For a first job in Spain, your employer can request that number for you.
• Contract type: indefinido, fijo-discontinuo, temporal (with its legal cause and end date) or training.
• Job, workplace and hours: your role, where you work, and your full-time or part-time schedule.
• Salary: the gross amount and any supplements. Spanish salaries are often paid in 14 instalments: 12 monthly payments plus two extra ones, unless your convenio prorates them.
• Trial period: only valid if it is written into the contract.
• Collective agreement ('convenio colectivo'): it sets many of your real conditions, from salary tables to trial periods.

The trial period (periodo de prueba)

During the trial period either side can end the contract without notice or severance. You still have full pay, normal working conditions and Social Security coverage. Unless your convenio says otherwise, the legal maximums are: 6 months for qualified technicians, 2 months for everyone else (3 months in companies with fewer than 25 staff), and 1 month in temporary contracts of up to 6 months. A trial period is void if it is not in writing, or if you already did the same job for that company before.

Every contract counts towards unemployment benefit

All contract types, including training contracts, pay into unemployment insurance. For the contributory benefit you need 360 contribution days within the last 6 years, from one job or several. To check that your employer actually registered you, download your work history report ('informe de vida laboral') for free from the Social Security portal Import@ss.

From signing to your last day

1. Before signing, read everything. Confirm that the contract type, salary, hours and trial period match what was agreed. Ask about anything unclear, and always keep your signed copy.
2. When the contract ends, check your finiquito. The finiquito is your final settlement: pending salary, untaken holidays and prorated extra payments, plus the 12-day severance if you were on a production-circumstances contract. If the amounts look wrong, sign it adding 'no conforme' and the date; that keeps your right to claim later.
3. Apply for unemployment benefit within 15 working days. Register as a jobseeker with your regional employment service and apply at SEPE. Your employer must send the 'certificado de empresa' (your employment and contribution record) directly to SEPE electronically, so you normally do not need to hand it in yourself. See which documents SEPE asks for.

Common problems

You never received a copy of your contract

Ask for it in writing. If the company refuses, report it to the labour inspectorate (Inspección de Trabajo): every worker has the right to a copy. Keep evidence of your work, such as emails, schedules and payslips.

Your temporary contract hides a permanent job

If there is no valid temporary cause, the law already treats you as permanent; you only need to claim it. Gather proof of your continuous work and get help from a union or labour lawyer.

No call-up for your fijo-discontinuo season

Write to your employer reminding them of the llamamiento. If they still offer no work, treat it as a dismissal and act fast: you have 20 working days to challenge it.

The certificado de empresa is missing or wrong

If SEPE has not received it, SEPE can request it from the company directly, and you can report the company to the labour inspectorate. If it contains errors that affect your benefit, ask the company to correct it.