Contracts, agreements and employee status

It is for anyone considering, planning or carrying out a move to Spain. After reading, you will know what your contract and agreement commit you to, and whether your arrangement is lawful.

Spanish terms come from the law, your contract and your collective agreement together. Temporary contracts and misclassification as self-employed are common traps, so it pays to check each one.

Start with "Spanish contract types explained, from permanent to training". It helps you recognise the contract you are offered and what follows from it. Then read "What to check before signing a Spanish employment contract" before you put your name on anything.

Employer-sponsored permits, setting up as an autónomo and remote work arrangements are covered elsewhere in the guide.

Key rules

• Social Security registration: Your employer must register you with Social Security before you start work, and can do so up to 60 days in advance.
• Trial period: Unless the collective agreement says otherwise, the trial period is at most 6 months for qualified technicians and 2 months for other workers.
• Non-compete limit: A non-compete after the job ends can last at most 2 years for technicians and 6 months for other workers, and only if the employer has a real interest and pays adequate compensation.
• Dismissal claim deadline: You have 20 working days from the end of the job to file a dismissal claim, after a conciliation request.
• Default contract: Permanent (indefinido) is the normal contract, and a temporary one needs a specific written cause.
• No cause, no temporary contract: A fixed-term contract without a valid written cause is treated as permanent.

Contracts, agreements and employee status: the whole process, step by step

• Work out which contract type you are being offered (Spanish contract types explained, from permanent to training): Before you sign anything

• Find the collective agreement (convenio) that applies to your job and read its pay tables and limits: Before you sign

• Check category, pay, hours, clauses and trial period in the written contract (What to check before signing): Before you sign

• Check any non-compete clause: at most 2 years for technicians and 6 months for other workers, with real employer interest and adequate compensation: Before you sign

• If part-time, check any agreement on extra hours (horas complementarias) and the notice you must get: Before you sign

• Make sure your employer registers you with Social Security: Before you start work, and the employer can do it up to 60 days in advance

• Get the written list of essential job conditions if your contract does not include it: Within 10 days of starting work in the usual case, and no later than 2 months from the start

• Keep your signed contract, payslips and records of tasks, hours and messages during the trial period: From your first day

• Understand your exposure during the trial period (The trial period and what it risks): Up to 6 months for qualified technicians and 2 months for other workers, unless the collective agreement says otherwise

• If you suspect you are a false freelancer, file a complaint with the Labour Inspectorate or ask for conciliation before a court claim: As soon as you suspect it; the Labour Inspectorate complaint has no strict deadline

• If the job ends, file a dismissal claim after the conciliation request: Within 20 working days of the end of the job

Documents you may need

Income and work

• Your signed employment contract
• A recent payslip from your employer — Finding the collective agreement (convenio colectivo) that sets your pay and terms, The trial period (período de prueba) and what it risks
• Written part-time contract from your employer — Part-time contracts and extra hours (horas complementarias)

The home and the lease

• A written contract stating the cause — Spanish contract types explained, from permanent to training
• A written fijo-discontinuo contract — Spanish contract types explained, from permanent to training

Other documents

• Your DNI — What must happen in your first weeks at a new Spanish job
• Your Social Security affiliation number — What must happen in your first weeks at a new Spanish job
• Your bank IBAN — What must happen in your first weeks at a new Spanish job
• A completed modelo 145 — What must happen in your first weeks at a new Spanish job
• A degree or specialist certificate obtained within the last 3 years — Spanish contract types explained, from permanent to training
• The collective agreement — What to check before signing a Spanish employment contract

Each article lists the other documents it asks for, where you need them.

Contracts, agreements and employee status: questions that cross several articles

Can my employer make me sign a blank resignation letter?

No, an employer cannot validly require you to sign a blank, undated resignation letter. If it is used to end your job, courts treat it as an unfair or null dismissal, not a resignation. Keep any evidence and read the article on the employee or false freelancer test for the 20 working days claim deadline.

Which contract types still exist, and is a temporary contract always valid?

No, a temporary contract is only valid with a written cause, and the permanent (indefinido) contract is the default. The valid types are indefinido (including fijo-discontinuo), fixed-term for production or substitution, and two training contracts. A temporary contract without valid cause is presumed permanent, so read Spanish contract types explained, from permanent to training.

Does a non-compete clause in my contract always apply after I leave?

No, it applies only if it is in writing, your employer has a real interest and you get adequate compensation. It can last at most 2 years for technicians and 6 months for other workers. Read the article on non-compete, confidentiality and exclusivity clauses, and check your contract with What to check before signing.

What if my employer did not register me with Social Security when I started?

You are still protected for accidents and health care, but your employer has broken the rule to register you before you start work. You may need the Labour Inspectorate or a court to have the period count as contributed. Read What must happen in your first weeks at a new Spanish job, and the false freelancer article if you were treated as self-employed.