Spain: Contracts of employment

Updating author: Jesús Gimeno, Simmons & Simmons
Original author: Jones Day

See the legal services provided by the updating author of International > Spain, including any discounts/offers for subscribers.

Summary

• Employment contracts can generally be written or oral, but must be written in certain cases. (See General)
• There is a presumption that an employment relationship exists where a worker is paid to deliver or distribute consumer products or merchandise on behalf of employers in certain cases. (See Defining employees)
• The existence and duration of any probationary period must be expressly stipulated in writing. (See Probationary periods)
• The basic distinction is between permanent contracts (ie contracts of indefinite duration) and fixed-term contracts. (See Types of contract)
• Employers may 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 be modified unilaterally by the employer. (See Variation of contract)