Employment contracts in Spain: what to check before signing
Employment law in Spain: English guides
A Spanish employment contract should be read together with mandatory law and the applicable collective agreement. The written label does not settle every issue: the actual work, duration, working time and remuneration may reveal a mismatch. Before signing, identify the employer, role, workplace, start date and all incorporated documents.
Indefinite and fixed-discontinuous employment
An ordinary indefinite contract has no agreed termination date. A fijo-discontinuo contract is also indefinite but is used for qualifying intermittent work, such as seasonal activity or recurring periods of work within its legal scope. It should not be treated as a succession of unrelated temporary contracts merely because there are inactive periods.
For fixed-discontinuous work, review the expected activity, call-back arrangements (llamamiento), working-time information and the applicable agreement. A failure to call an employee back when required may need urgent legal assessment, including possible dismissal time limits. Periods of inactivity do not automatically mean resignation or dismissal.
Temporary contracts need a real lawful reason
Article 15 regulates temporary employment for production circumstances and substitution. The precise reason, circumstances and connection with the expected duration must be established. A generic reference to “temporary needs” should be examined against the actual work.
Occasional and unforeseeable increases or qualifying fluctuations in demand are subject to statutory duration rules, including the role of sector agreements. Occasional foreseeable needs have a distinct framework. Substitution contracts concern defined situations, such as replacing an employee with job-reservation rights, completing a qualifying reduced working day or temporarily covering a post during a selection process. Their requirements should not be mixed together.
Unlawful temporary arrangements or misuse of successive contracts can have consequences for indefinite status. A stated end date does not make a temporary contract valid on its own.
Training contracts are not ordinary low-paid contracts
The two main training routes combine employment with training (formación en alternancia) or provide professional practice appropriate to completed studies. Eligibility, timing after qualifications, training plans, supervision, duration, working-time limits and remuneration depend on the relevant modality and current rules.
Check that there is a genuine training purpose and the required arrangements. Do not apply a percentage from one modality or training year to another, or overlook the collective agreement and applicable minimum remuneration.
Salary: look beyond the monthly figure
Identify gross annual salary, number of payments, extra-pay proration, supplements, commission, bonus terms and benefits in kind. Ask how variable pay accrues and when it becomes payable. Expense reimbursement is not interchangeable with salary. The applicable collective agreement and professional classification may establish additional entitlements.
A monthly amount alone may hide different annual totals or missing components. Review working hours, part-time proportions and whether salary figures correspond to the actual duties. If amounts are not paid correctly, see the wage-claim guide.
Working time, duties and probation
Check ordinary hours, distribution, shifts, overtime or additional hours where relevant, rest and holiday arrangements, workplace and mobility provisions. Remote-working terms may need separate documentation and examination of applicable obligations.
A probationary period must meet the legal and agreement requirements and be agreed in writing. Its maximum is not the same for every worker or contract. Prior performance of the same functions for the employer can matter. Probation does not remove protection against discrimination, and pregnancy has specific statutory protection.
Restrictions and termination clauses
Review confidentiality, exclusivity, non-compete, training-repayment and notice clauses individually. Not every clause is enforceable merely because it is signed. A general fifteen-day resignation notice is not a universal rule: the applicable agreement and other relevant rules must be checked.
Keep a complete signed copy and all amendments. If employment ends, distinguish outstanding settlement amounts from dismissal compensation. Our Spanish contract-types page (in Spanish) provides related information.
Legal sources
Workers’ Statute, Articles 8, 11–16, 21 and 26–38 (Spanish legislation).
Discuss your case with Manrique de Torres Abogados
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