Conversion of Temporary Contracts into Fixed Contracts in Spain

Temporary contracts become indefinite and a worker becomes permanent when, in a period of 30 months, the worker has been contracted for more than 24 months in the same company with two or more temporary contracts.  In addition, time is also counted for the worker’s having provided services for the same group of companies even if they are different.  The Spanish Labour Inspectorate continues investigating the binding of contracts after restoring the ban since January 1, 2013.

In addition to contracting for an indefinite period after various temporary contracts, the worker will have a fixed(or permanent) condition in the company when:

  • He or she is not discharged in the Spanish Social Security System according to whether the trial period has been fixed
  • A temporary contract has been made to avoid Spanish legal requirements because the contract did not actually have a temporary period.

The formative contract, that of replacement and of a temporary nature, does not become indefinite following the completion of the time period and its extensions, except for when they are observed for a longer time than has already been specified or in cases of fraud.

This article is not considered as legal advice

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