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The employment contract is an agreement between employer and employee by
means of which the latter undertakes to carry out particular services for an
employer under his management, in exchange for a wage.
They can be signed by:
- Adults (18 years of age)
- People under 18 years of age who are legally independent
- People over 16 and under 18 years of age if they have the consent of their
parents or guardian
- Foreigners in accordance with the legislation applicable to them
Formalisation
An employment contract can be entered into either orally or in writing.
It must always be in writing when stipulated by a legal provision and in the
following contracts:
- Practical work experience
- Training
- For specific purposes
- On a part-time, discontinuous, fixed and hand-over basis
- Work at home
Workers hired in Spain for Spanish companies abroad
- Fixed-term contracts for more than four weeks
Each party may require the contract to be entered into in writing at any time
during its validity. The employer must give a basic copy of the contract to the
employees' representatives at the employment office.
Probationary Period
This is not obligatory. If it is established, it must be set down in writing.
Maximum duration: six months for technical personnel and two months for other
workers. In companies with less than 25 employees it may not last for more than
three months for non-technical personnel.
During the probationary period the employment relationship can be terminated
by either party, without citing a reason and without notice, unless agreed
otherwise. The probationary period is included for the purposes of length of
service, and during this period the same rights and obligations that apply to
workers on the permanent staff apply.
Duration
Employment contracts may be indefinite (fixed), or may have a particular
duration (temporary). Normally, all employment contracts are indefinite and
full-time, unless otherwise stated.
Content of the employment contract
The employment contract must include the following minimum features:
- The identity of the signatories (employee and company)
- The date of commencement of the employment relationship and its likely duration,
if temporary
- The registered office of the company and/or workplace where the worker usually
provides his services
- The professional category or group of the job performed by the worker or a
summary description allowing the specific content of the work to be ascertained
- The amount of the initial basic wage and fringe benefits and frequency of
payment
- The duration and distribution of the ordinary working hours
- The duration of holidays and, where applicable, the means for determining the
dates of such holidays
- The periods of notice which, where applicable, the employer and employee must
respect in the case of terminating the contract, or at least the form in which
they are to be determined
- The collective agreement applicable to the employment relationship, specifying
the specific details enabling it to be identified
Types of Contract
In Spain, a worker can be recruited for an indefinite period or, in some
cases, for a fixed term, according to the tasks to be carried out, the training
involved or the characteristics of particular groups whose recruitment is being
promoted (the disabled, young people, women, etc.).
Further information can be
obtained from the Public Employment Service (INEM).
Text last edited on: 06/2005
Source: European Union
© European Communities
Reproduction is authorised.
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