Elements of the employment contract in Spain

Once it is determined which type of contract is the most appropriate for a company, it is important to know the elements of the employment contract. This is essential in order to determine the working conditions of the employee.

It is important that all the information be the most concrete possible in order to avoid any differing interpretations or doubts about the contract.

The employment contract in Spain must contain, clearly, the following information

Position title, category, professional group

This information is fundamental for discerning the functions the employee will perform and will directly influence the salary to be received, as indicated in the salary scales of the Collective Agreement.

Place of business

It is important that this be indicated, although it often happens that the employee will not provide services at the company’s headquarters. In this way, it is visible whether the employee is assigned a specific work place, or whether he or she has a mobile or shifting work location. It should also be indicated if the employee can work from home.

Working days

Whether the employment will be part-time or full-time should be clearly identified. Furthermore, the possible working days (from Monday to Friday, from Monday to Saturday, from Monday to Sunday, etc.) should be indicated. The apportionment of the working days will largely depend on the activities of the company.

Start and end of the probation period

The starting date of the employment relationship must be indicated, which typically coincides with the date the contract is signed. Moreover, the probation period must be indicated, although most often, generic reference is made to the established standard in the Collective Agreement.

Cause and end of the contract in case of temporary contracts

Temporary contracts are only viable under certain determined circumstances. It is necessary to determine with accuracy the reason for its conclusion.

Compensation

Remuneration to be paid must be indicated, albeit in many cases, a generic reference is made to the Collective Agreement.

Vacation

Those are often 30 calendar days or 22 working days.

Applicable Collective Agreement

This must be indicated so that the employee is aware of the applicable norms and his or her duties and obligations.

It is recommended to revise the types of work contracts existing in Spain in order to select the one that best accommodates the needs of the company, and then include all the relevant elements of the employment contract.

This article is not considered as legal advice

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