Employment Contract in Spain - Free Template

In Spain, the indefinite-term (or open-ended) contracts are the most common. These contracts can be full-time or part-time, and they don’t have an end date.

Fixed-term contracts are not that common in Spain–they are severely regulated by the Spanish government and only allowed in specific cases, such as employee substitution or production.

What is an employment contract

An employment contract, often known as an employment agreement or job contract, is a legally binding document that establishes the terms of the employment relationship between an employer and their employee.

What’s the purpose of an employment contract?

The purpose of an employment contract is to solidify a working relationship between employee and employer by defining the responsibilities and obligations of both parties. By using this type of contract, employers can improve the employee experience and mitigate legal risks.

• Provide new employees with a clear understanding of their position and job responsibilities

• Offer stronger job security to employees by protecting their employment status with a legally binding contract

• Streamline dispute resolution by using the agreement as a source of truth to resolve workplace issues and avoid the rise in workplace arbitration cases. For example, if there’s a dispute over the amount of paid time off an employee is entitled to, either party can refer to the agreement for clarification

• Protect the company’s confidential information, rights to contract termination, and more

Elements of an employment contract in Spain

Contracts must be in Spanish and can be bilingual. They must be in writing and signed by both parties.

According to the Spanish employment law, contracts must include:

• Name and surname

• Number DNI/NIE

• Address

• Job category

• Employee’s salary

• Public holidays

• Contract start date

• Type and duration of the contract

• Contract hours

• The collective agreement of the company
  
  

*Contract backdating is not allowed

What are international employment laws?

International employment laws, or labor laws, govern the relationship between an employer and employees residing in different countries. Local governments implement them to protect fundamental employee rights, promote job security, and improve employment terms globally.

The primary employment laws present throughout the world govern the following:

• Minimum wage

• Overtime pay

• Work hours/workdays

• Rest breaks

• Employment contracts

• Benefits such as paid leave, sick leave, parental leave, and pensions

• Probation periods

• Notice periods

• Background checks

• Payment methods

• Payment periods

• Payment frequency

• Payroll taxes

• Payroll records

• Termination

Download a free employment contract template in Spain

Download our free employment contract template, covering key elements like job duties, compensation, benefits, termination clauses, and confidentiality agreements and simplify your hiring process. Crafted by Deel’s legal experts, this template will streamline your HR tasks and safeguard your business.

Disclaimer: The content in this document is provided for general information purposes only and does not constitute legal advice. Consult with legal counsel and check compliance with local labor laws before sharing the agreement with your employee.