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A Spanish employment contract must reflect mandatory labour law, the applicable collective agreement and the employee's real duties and working arrangements. We review or coordinate contracts for employers and employees before signature or when conditions change.
The contract type must match reality
Indefinite employment is the ordinary form. Fixed-term contracts are restricted to legally defined temporary circumstances, and misuse can result in the relationship being treated as indefinite.
Training, replacement, seasonal and discontinuous work arrangements have separate requirements.
Essential terms
A clear written contract should identify the parties, workplace, role, professional group, start date, working time, remuneration, probation, holiday, notice and applicable collective agreement.
Base salary and supplements
Full-time or part-time schedule
Overtime and complementary hours
Probation period within legal limits
Place of work, mobility and travel
Confidentiality and intellectual property
The collective agreement
The applicable convenio colectivo may determine minimum salary, classification, annual hours, probation, allowances, leave and disciplinary rules. It cannot be selected merely by preference; the employer's real activity and territorial scope matter.
Remote work and digital tools
Regular remote work can require a separate written agreement addressing equipment, expenses, schedule, workplace, reversibility, monitoring and data protection.
Policies on email, devices, confidentiality, disconnection and monitoring must be proportionate and communicated.
Changes after hiring
Salary changes, promotions, reduced hours, mobility and substantial modifications should be documented correctly. An informal amendment can create payroll, Social Security and dismissal risks.
We coordinate contract wording with labour, payroll and tax specialists.
Useful official resources
Official requirements, fees and procedures can change. The competent authority and current rules are checked for each individual case.
Questions about Employment Contracts in Spain
Must every contract be written?
Many contracts and clauses must be in writing; written documentation is advisable even where an oral contract could exist.
Can an employer choose any collective agreement?
No. Applicability follows the business activity, territorial and functional scope and other legal criteria.
Are fixed-term contracts still permitted?
Yes, but only for restricted statutory grounds with proper justification.
Does remote work need an agreement?
Regular remote work may require a specific written agreement and expense/equipment provisions.
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Important: This page provides general information and does not replace individual legal, tax, labour, medical or technical advice. Authorities decide applications and disputes independently. Requirements and practice may change.