Spanish contract types explained, from permanent to training

Key rules

• 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.
• Training contracts: Both training contracts must be in writing and give full Social Security coverage, including unemployment.
• Verbal agreement: A verbal agreement is valid and is presumed permanent and full-time.

The default is a permanent contract

Since the labour reform that took effect on 30 December 2021, the normal contract in Spain is the indefinido (permanent) contract. A temporary contract is allowed only with a specific legal cause, written into the contract. If there is no valid cause, the law treats your contract as permanent.

The old "obra o servicio" contract (hired for one job or project) no longer exists. If someone offers you one, be careful.

The three families

Your contract is one of these:

1. Permanent: indefinido, or fijo-discontinuo.
2. Fixed-term: for production circumstances, or to replace someone.
3. Training: formativo en alternancia, or formativo para la obtención de la práctica profesional.

The checklist below helps you place your own contract.

Permanent: indefinido

An indefinido contract has no end date. It can be full-time or part-time. This is the most secure option, and you should expect it unless there is a real temporary reason.

Permanent: fijo-discontinuo

A fijo-discontinuo contract is permanent, but for seasonal or intermittent work. Think of tourism, harvests or school-year jobs. You work in periods, and your contract continues between them.

• It must be in writing. It must state the duration, working hours and how they are spread.
• Your employer must call you back with a written notice, called a llamamiento, following the order set in your collective agreement. This is usually by seniority.
• Your seniority counts from the whole length of the relationship, not only the days you worked.
• Between periods you may claim unemployment benefit if you meet the requirements.
• If your employer does not call you, you can claim as if you had been dismissed. You have 20 working days.

Fixed-term: circumstances of production

You can only be hired on this ground in two cases:

• An unforeseeable rise in activity. This lasts at most 6 months. A sector collective agreement can extend it to 12 months.
• Short, foreseeable and delimited situations. The employer can use this for a total of 90 days a year, not in one block. The employer must report the planned days to your workers' representatives in the last quarter of the previous year.

Fixed-term: substitution

An employer can hire you to:

• replace a worker whose job is reserved for them, for example during leave;
• cover a reduced working day;
• cover a vacancy while a selection process runs, for at most 3 months.

The contract must name the cause, the circumstances and the person you replace. The substitute can start up to 15 days before the absence, for handover.

Training contracts

There are two, and both must be in writing. Both give full Social Security coverage, including unemployment.

Training in alternation is for people who work while studying vocational, university or specialist courses.

• It lasts from 3 months to 2 years.
• You work at most 65% of full time in the first year and 85% in the second.
• No overtime, night work or shift work.
• Pay is set by the collective agreement. It can never fall below the minimum wage in proportion to your hours.
• For the apprenticeship programmes (dual vocational training), you must be under 30.

Practical-experience training is for recent graduates.

• You need a university or vocational degree, or a specialist certificate, from the last 3 years (5 years if you are disabled).
• It lasts from 6 months to 1 year, and the job must match your studies.
• The trial period is at most 1 month.
• Pay follows the agreement, and cannot be below the minimum for the group or the minimum wage.
• You can have only one such contract per qualification.

When a temporary contract becomes permanent

Your contract is treated as permanent if:

• it has no written, valid cause, or was made to get around the law;
• you exceed the maximum duration;
• you are not registered with Social Security after the trial period;
• you have had two or more production contracts, with or without gaps, for more than 18 months in 24 at the same company or group.

Your employer must give you written notice of your new permanent status. If they do not, you can go to the Labour Inspectorate or claim before the labour court (juzgado de lo social). Employers can be fined for each affected worker.

Verbal agreements

A verbal agreement is valid. Without writing, the law presumes the job is permanent and full-time. Fixed-term, training, fijo-discontinuo and part-time contracts must be in writing. You can ask your employer to put it in writing at any time.

Public-sector jobs, such as interinos, have their own rules.

Timeline and deadlines

• Unforeseen rise in activity: the fixed-term contract can last at most 6 months, or up to 12 months if a sector agreement allows it: up to 6 months, or 12 months by sector agreement

• Short, foreseeable and delimited situations: the employer can use this ground for a total across the year, not in one block: up to 90 days per year in total

• Covering a vacancy while a selection process runs: up to 3 months

• Your contract becomes permanent if you had two or more production contracts at the same company or group: after more than 18 months in a 24-month period

• Claim as for dismissal if a fijo-discontinuo employer fails to call you: within 20 working days

Documents you need

• A written contract stating the cause, the circumstances and the person replaced, if you are hired on a fixed-term contract. Your employer issues it.

• A written training contract, if you are hired on either training contract. Your employer issues it, and the law requires it in writing.

• A written fijo-discontinuo contract (a permanent contract for seasonal or intermittent work) stating duration, working hours and how they are spread. Your employer issues it.

• A degree or specialist certificate obtained within the last 3 years (5 years if you are disabled), if you are offered the practical-experience training contract. The school or university issues it.

• A written copy of your contract if you started on a verbal agreement. You can ask your employer for it at any time.

Checklist

• Find out which of the three families your contract is: permanent (indefinido or fijo-discontinuo), fixed-term, or training.

• Check that a fixed-term contract names the cause, the circumstances and, for a substitution, the person replaced.

• Count your months if you have had several production contracts: more than 18 months in 24 at the same company or group makes you permanent.

• Check the age, study and duration conditions if you are offered a training contract.

• Check that a training contract pays at least the minimum wage in proportion to the time you work, and the pay set by the collective agreement.

• Ask your employer to put a verbal agreement in writing.

What to watch out for

• A fixed-term contract with no valid cause: A fixed-term contract without a written valid cause, or made to get around the law, is treated as permanent. Employers still sometimes offer one anyway. Check that the contract names the cause. If it does not, ask for it in writing, and contact the Labour Inspectorate (Inspección de Trabajo) if the employer refuses.

• Chained temporary contracts: If you work more than 18 months in a 24-month period through two or more production contracts, with or without gaps, you become permanent. This also holds if you exceed the maximum duration or are not registered with Social Security after the trial period. Keep your contracts and dates. Ask the company for written notice of your permanent status, and claim before the labour court (juzgado de lo social) if it refuses.

Quick answers about Spanish employment contracts

Can my Spanish employment contract be in English?

Yes, a private-sector contract in English is valid if both sides understand it. Many employers use a bilingual contract with a clause saying which version prevails, usually the Spanish one. Labour authorities and courts need a Spanish version, so foreign documents need a sworn translation (traductor jurado).

Is a verbal job agreement valid in Spain?

Yes, a verbal job agreement is valid, and without writing you are presumed to have a permanent, full-time contract. Some contracts must be in writing, such as training, fixed-term, part-time and fijo-discontinuo ones. Either side can ask at any time to have the contract put in writing.

Can my employer make me sign a blank resignation letter?

No, an employer cannot validly require a blank, undated resignation letter, and using it to end your job counts as an unfair or null dismissal, not a resignation. Keep any evidence, such as messages, witnesses or a copy. You have 20 working days from the end of the job to file a claim, after a conciliation request.

How long can the trial period be in a Spanish contract?

The trial period is at most 6 months for qualified technicians and 2 months for other workers, unless the collective agreement says otherwise. The article on the trial period (período de prueba) explains what it risks.