For work experience contracts offered to new, contracted workers, it is important that the new, contracted workers understand the requirements of this type of contract so that they may comply with them.
Requirements for Contracted Workers in Spain
Contracted workers must possess one of the following degrees:
- A university degree in Engineering or Architecture
- A university diploma, technical engineering degree, or technical architecture degree
- A title of Technician or Superior Technician of Regulated Professional Training, of specific professional training, or the degrees of Technical Assistant (FP1 in Spanish) and Technical Specialist (FP2 in Spanish), equivalent to those previously mentioned
- Other qualifications officially recognized as equivalent to those previously mentioned
- A professional certificate
In addition to the above requirements, five years must not have passed since the contracted worker completed his or her corresponding studies or since the validation of his or her studies in Spain after having obtained the appropriate degree abroad. Or, if the contracted worker is disabled, seven years must not have passed since the completion of the corresponding studies. If the position offered is the first in the contracted worker’s professional employment history and the contracted worker is under 30 years of age, then this type of contract is feasible even though five or more years have passed since the completion of the corresponding studies.
Requirements of Work Placement in Spain
Work placement should allow the obtaining of professional experience adequate for the level of studies or training studied. By means of the collective agreement of the state sectoral area or, in the absence of this, the sectors of a smaller area, the work placements, groups, levels, or professional categories subject to this contract will be determined.
Length of the Contract
- This type of contract duration must not be fewer than six months or more than two years within the limits of the applicable collective agreement in the state sectoral area. Or, in the absence of this, the sectoral agreements of a more limited geographic location will determine the duration of the contract considering the characteristics of the sector and work experience to be carried out.
- If the contract were established for a duration for less time than the maximum time established, the parties will be able to agree to two extensions, except where the collective agreements prohibit this and as long as the total duration of the contract does not exceed the established maximum duration. The duration of each extension must not be less than the minimum legal or conventional duration established.
- No worker will be able to contract for this work experience contract in the same or distinct company for a period greater than two years with the same title or certificate of professionalism.
- In addition to the above requirements, no worker will be able to contract for this work experience contract in the same company for the same position for a period greater than two years.
For the graduated person who has now contracted for two years in work experience in another company, he or she will not be able to be contract for this type of contract unless he or she confirms having another official degree (for example, a Masters degree). In that case, he or she will be able to contract for the work experience contract by showing that the accredited degree is the Masters degree.
- These contracts may be indefinite when no writing has been executed, except where proof exists to the contrary, which verifies the temporary nature of the relationship.
- The workers in placement that have not been registered in the Spanish Social Security System will acquire the position of fixed workers, once the time period equal to what, legally, has been able to determine the trial period — unless the appropriate nature of the activities or of the contracted services clearly reduces the time period.
- Work experience contracts observed not to comply with Spanish law will be presumed indefinite (if they do not comply with the previous requirements or if the worker carries out some functions that are not pertinent to his or her degree).
This article is not considered as legal advice