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Spain: Contracts of employment

Original and updating authors: Jesus Gimeno and Javier Gutierrez, Jones Day

Summary

  • Employment contracts can generally be written or oral, but must be written in certain cases. (See General)
  • The existence and duration of any probationary period must be expressly stipulated in the employment contract. (See Probationary periods)
  • The basic distinction is between open-ended contracts and fixed-term contracts. (See Types of contract)
  • Employers must provide employees with a written contract based on an "official model" approved by the public employment authorities. (See "Official model" contract)
  • Certain elements of the employment contract may not be modified unless agreed by the employer and employee. (See Variation of contract)