Transformation of a Temporary Contract into a Permanent Contract in Spain

There are some cases for which a temporary contract or service can become a permanent one if the company is not careful or acts recklessly. Thus, it becomes a permanent contract, unless there is evidence to the contrary certifying the temporary nature of the service provision:

  • In the absence of a writing. In the event of a temporary contract, the absence of a writing will support the finding of a full-time contract — unless proven otherwise that the services were temporary.
  • In the absence of access to the Spanish Social Security System if a period of time superior to the probation period has elapsed.
  • If at the end of the contract no complaints from either of the parties have arisen and as long as the employee has continued to provide the service to the employer.
  • Additionally, fraudulent contracts are permanent ones.

Employees will become permanent ones when, in a 30-month-period, they have been employed during a period superior to 24 months, with or without a solution of continuity, for the same or a different job position with the same company or group via two or more temporary contracts directly or through temporary employment agencies under the same or different contractual arrangements for a specific duration. This rule does not apply for training, replacement, short-term contracts, or temporary contracts entered into within the framework of public programs for employment training and temporary contracts that insertion companies use when the contractual object is an essential part of a personalized insertion process.

This article is not considered as legal advice

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