Termination of a Temporary Contract in Spain

The temporary contract in Spain promotes specific work or a service independently realized during a particular period and can be full- or part-time employment. Once the contract has ended, the employer will have to compensate the employee for 11 days’ salary per year worked as of January 1, 2015. It will be possible to transform the contract into a permanent one, but there will be no bonus.

The contract will terminate due to a complaint from either party when the employee completes the work or service subject of the contract.

When the contract’s duration is longer than one year, the party that files the complaint must notify the other party of the contract’s termination with 15 days’ advance notice. The employer’s non-compliance with this period binds the employer to pay compensation equal to the salary corresponding to the days for which the employer did not comply with that period.

Once the work or service is complete, no complaint exists, and the employee continues to provide his services, the contract will tacitly extend for an indefinite duration unless there arises evidence to the contrary that certifies the otherwise temporary nature of the service.

Once the contract terminates, the employee will receive due compensation until December 31, 2013 in an amount equal to the proportional part of the quantity that would represent 10 days’ salary per every year worked. This amount will increase annually by one day until January 1, 2015 and will remain fixed to 12 days, or, if applicable, to what the specific legislation states.

This article is not considered as legal advice