Work Contracts in Spain: Types and Rights

Understanding work contracts in Spain is essential for protecting your rights as an employee. This guide explains contract types, mandatory terms, and employee protections.

Types of Work Contracts

Main contract types in Spain:

• Indefinido (Permanent):
  • No end date
  • Most job security
  • Highest severance if terminated
  • Standard contract type
• Temporal (Temporary):
  • Fixed end date (max 6-12 months)
  • For specific projects or seasonal work
  • Converts to permanent after renewals
• Formación (Training):
  • For young workers (16-25 years)
  • Combines work and training
  • Lower salary allowed
• Prácticas (Internship):
  • For recent graduates (within 3-5 years)
  • Related to degree
  • 6 months to 2 years

Permanent vs Temporary Contracts

What Must Be in Your Contract

A valid Spanish work contract must include:

• Employee and employer details (names, IDs, addresses)
• Job title and description
• Start date (and end date if temporary)
• Workplace location
• Salary (gross annual or monthly)
• Working hours (weekly hours, schedule)
• Holiday entitlement (minimum 22 working days)
• Probation period (if applicable)
• Notice period for termination
• Applicable collective agreement (convenio colectivo)

Employee Rights in Spain

Your rights as an employee:

• Minimum wage: €1,134/month (14 payments = €15,876/year in 2026)
• Maximum working hours: 40 hours/week, 9 hours/day
• Rest periods:
  • 15 minutes break if working 6+ hours
  • 12 hours rest between workdays
  • 1.5 days off per week (usually weekends)
• Paid holidays: Minimum 22 working days (30 calendar days)
• Public holidays: 14 paid days per year
• Sick leave: Paid from day 4 (60-75% of salary)
• Maternity/paternity: 16 weeks each parent (100% salary)
• Notice period: 15 days minimum (more for long service)

Probation Periods

Probation period (período de prueba) rules:

• Maximum duration:
  • Technicians: 6 months
  • Other workers: 2 months
  • Companies under 25 employees: 3 months
• During probation:
  • Either party can terminate without notice or compensation
  • Full salary and benefits apply
  • Social Security contributions required
• After probation:
  • Contract becomes fully binding
  • Termination requires notice and severance

Contract Termination Rules

Termination by employer:

• Objective reasons (economic, organizational):
  • 20 days severance per year worked
  • Must prove valid reason
• Disciplinary dismissal (serious misconduct):
  • No severance if justified
  • Employee can challenge in court
• Unfair dismissal:
  • 33 days per year worked (max 24 months)
  • Or reinstatement if employee chooses

Resignation by employee:

• Must give notice (15 days typical)
• No severance owed
• Entitled to accrued holiday pay