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

Understanding Spanish Work Contracts After the Labor Reform

Spain's labor market underwent a significant reform. This changed how companies hire and the types of contracts you will see. The goal was to reduce the number of temporary contracts. This means more permanent jobs and better stability for workers. For you, as an international worker, understanding these contract types is key to knowing your rights and planning your career in Spain.

The Indefinido Contract: Your Permanent Option

The 'indefinido' contract is the standard permanent employment contract in Spain. It has no end date. This offers the highest level of job security. Most new hires after the reform should be on an 'indefinido' contract. It means your employment continues until you resign, retire, or your employer dismisses you for a valid reason.

The Fijo-Discontinuo Contract: Seasonal Permanent

The 'fijo-discontinuo' contract is a special type of 'indefinido' contract. It is permanent but for work that is not continuous throughout the year. Think of seasonal jobs, like tourism, agriculture, or certain industries with peak periods. You are a permanent employee. However, you only work during specific periods. Your employer must call you back to work each season or period of activity.

How call-ups work: Your employer must formally notify you when your work period is about to start. This is called a 'llamamiento'. Your contract or the collective bargaining agreement for your sector will detail how these call-ups happen. They usually involve written notice, giving you enough time to prepare.

Unemployment benefit between call-ups: This is a key advantage of the 'fijo-discontinuo' contract. When you are not working between seasons, you are legally unemployed. You can apply for unemployment benefits from SEPE, the Spanish Public Employment Service. You must meet the usual requirements for unemployment benefits, such as having enough contribution days. Each period you work under a 'fijo-discontinuo' contract adds to your unemployment contributions. You can claim benefits during your inactive periods. When your employer calls you back, your benefits stop. They can restart when the active period ends again. This provides financial stability even when you are not actively working. Learn more about how unemployment benefits work in Spain on our page about Unemployment Benefits in Spain.

Temporal Contracts: Specific Needs Only

After the reform, 'temporal' (temporary) contracts are now strictly limited. They can only be used for very specific situations. The law aims to prevent companies from using temporary contracts for permanent roles. There are two main types:

• Production Circumstances ('circunstancias de la producción'): This contract is for unexpected increases in work or specific, non-permanent projects. It cannot be used for the company's usual or permanent activity. Its duration is limited, typically to a maximum of six months, extendable to one year by collective agreement.
• Substitution ('sustitución'): This contract replaces a worker who is temporarily absent with the right to return to their job. Examples include maternity leave, long-term sickness, or other protected absences. The contract lasts until the absent worker returns.

Any temporary contract that does not meet these strict conditions is considered fraudulent. It can be converted into an 'indefinido' contract by law.

Training Contracts: Building Skills

Training contracts ('contratos de formación') are designed for young people or those without specific qualifications. They combine work experience with training. There are two main types: 'contrato de formación en alternancia' (alternating work and training) and 'contrato para la obtención de práctica profesional' (internship for recent graduates). These contracts have specific age limits and duration rules. They aim to help you gain skills and enter the job market.

What Must Appear in Your Spanish Work Contract

Your contract is a legal document. It must include specific information. Make sure you receive a written copy of your contract. This is a free procedure. Here is what you should always check:

• Employer's details: Company name, tax identification number (CIF), address.
• Your details: Full name, NIE number, Social Security number. If you do not have a Social Security number yet, you will need one. You can read our guide on How to Get a Social Security Number in Spain.
• Contract type: Clearly state if it is 'indefinido', 'fijo-discontinuo', 'temporal', or 'formación'.
• Job title and description: What your role is and your main duties.
• Workplace: Where you will perform your duties.
• Working hours: Full-time or part-time, daily or weekly hours.
• Salary: Gross monthly or annual salary, including any supplements.
• Trial period: If applicable, its duration.
• Start date: The day your employment begins.
• Collective Bargaining Agreement (Convenio Colectivo): The specific agreement that applies to your sector and company.
• Signatures: Both yours and the employer's representative.

Trial Periods (Periodo de Prueba)

Most contracts include a trial period. This lets both you and the employer assess the fit. During this time, either party can terminate the contract without notice or compensation, unless otherwise agreed. However, your rights regarding salary, working conditions, and Social Security contributions are the same as any other employee during this period. The maximum duration of a trial period depends on the contract type and the collective bargaining agreement. For example, for 'indefinido' contracts, it is often two months for non-qualified workers and six months for qualified technicians.

The SEPE Angle: Unemployment Contributions

Every day you work under a legal contract in Spain, you contribute to the Social Security system. Part of these contributions goes towards unemployment benefits. This means that every contract, whether 'indefinido', 'temporal', or 'fijo-discontinuo', builds your eligibility for future unemployment support. SEPE manages these benefits. To qualify for contributory unemployment benefits, you generally need to have contributed for at least 360 days within the last six years. You can check your contribution history through the Social Security website using your digital certificate or Cl@ve PIN.

When Signing Your Contract: What to Check

Before you sign, take your time. Do not feel pressured. Read everything carefully. This is what you should do:

• Read the full document: Ensure all details match what was agreed verbally.
• Understand the contract type: Be clear about whether it is permanent, seasonal permanent, or temporary.
• Check salary and hours: Confirm they are correct.
• Ask questions: If anything is unclear, ask your employer or HR for clarification before signing.
• Keep a copy: Always ask for a signed copy for your records immediately after signing.

When Your Contract Ends: Finiquito and Certificado de Empresa

When your contract ends, for any reason, your employer must provide you with two important documents:

• Finiquito: This is your final settlement. It includes any outstanding salary, prorated holiday pay you have not taken, and any other amounts owed (e.g., prorated extra payments, if applicable). It is a calculation of all pending payments up to the last day of your employment. You should check this calculation carefully. If you do not agree, you can sign it with the phrase "no conforme" (not in agreement) to reserve your right to challenge it later.
• Certificado de Empresa: This is a certificate from your employer detailing your employment period and contribution bases. You will need this document to apply for unemployment benefits with SEPE. It is essential. Without it, SEPE cannot process your application. You can find more information about this and other necessary documents on our page about SEPE Documents Needed.

Remember, both the 'finiquito' and 'certificado de empresa' are free of charge. Your employer must provide them.

Common Problems and Solutions

Dealing with contracts can sometimes lead to issues. Here are some common problems and how to address them:

1. Problem: You did not receive a copy of your signed contract.

   Solution: Request it in writing from your employer. If they do not provide it, you can contact the labor inspectorate (Inspección de Trabajo y Seguridad Social) or a labor lawyer. Every worker has the right to a copy of their contract.

2. Problem: You are on a temporary contract, but your work seems permanent.

   Solution: If your temporary contract does not fit the legal reasons for temporary employment, it might be fraudulent. You could be entitled to an 'indefinido' contract. Gather evidence of your continuous work and consult with a labor lawyer or union representative. They can advise you on how to claim your rights.

3. Problem: As a 'fijo-discontinuo' worker, your employer did not call you back for the season.

   Solution: This could be considered an unfair dismissal. Send a formal communication to your employer reminding them of their obligation to call you. If they still do not respond, seek immediate legal advice. You have a limited time to act after an alleged dismissal.

4. Problem: There are discrepancies in your 'finiquito' or 'certificado de empresa'.

   Solution: Do not sign the 'finiquito' as 'conforme' (in agreement) if you disagree. Instead, sign it with "no conforme" and the date. Then, gather all your pay slips and work records. Compare them to the 'finiquito' calculation. Contact your employer to clarify the discrepancies. If the issue is not resolved, seek advice from a labor lawyer or union. For the 'certificado de empresa', if it contains errors that affect your unemployment benefit application, ask your employer to correct it. If they refuse, SEPE can sometimes request the correct data directly from the Social Security system.