Employment contract in Spain: Template, Key Clauses and Local Law (2026)

What an employment contract is under Spanish law An employment contract in Spain, a contrato de trabajo, is governed by the Estatuto de los Trabajadores (the Workers' Statute, Royal Legislative Decree 2/2015), as reshaped by the 2021 labour reform (Royal Decree-Law 32/2021). On top of the statute sits a layer most foreign employers underestimate: the convenio colectivo, the sector or company collective bargaining agreement, which sets minimum pay, hours, probation and other terms for that activity. A Spanish employment contract is never read on its own. It is read together with the statute and the applicable convenio. The single most important change from the 2021 reform is that the indefinite contract (contrato indefinido) is now the strong default. The law presumes a contract is indefinite, and temporary hiring is tightly restricted. ## What local law requires Indefinite by default; temporary only for real reasons. Since the 2021 reform, companies can no longer use the old "work or service" temporary contract. Temporary hiring is limited to genuine production needs (circumstancias de la produccion) or to substitute another worker, each with its own limits. Misusing a temporary contract turns it indefinite. Probation (periodo de prueba). The statute caps probation and lets the convenio set shorter limits. A common statutory frame is up to six months for qualified technical staff and up to two months for other workers (shorter in small companies), but the convenio controls, so check it. During probation either side can end the contract without severance, but not for a discriminatory reason. Working time and pay. The standard maximum is 40 hours a week on an annual average. Pay cannot fall below the statutory minimum wage (salario minimo interprofesional) or the higher figure in the convenio. Spanish workers receive pay structured over the year, often expressed as fourteen payments (twelve months plus two extra pagas), though it can be prorated. Notice and termination. For an objective dismissal (for example economic or organisational reasons) the employer gives 15 days' notice and statutory severance. Dismissal must be justified and documented. If a court finds the dismissal unfair (improcedente), severance rises. Severance (indemnizacion). The headline figures: an objective dismissal carries 20 days of salary per year of service, capped at 12 monthly payments. An unfair dismissal carries 33 days per year of service, capped at 24 monthly payments (with a transitional higher rate for service before 2012). These are statutory floors. Social security and registration. The employer must register the worker with the Social Security system (alta) before work starts and pay contributions. Failing to register is a serious offence. ## Other duties Spanish employers often miss Several obligations do not appear in a generic English contract but are compulsory in Spain, and inspectors check them. Record of working time (registro de jornada). Employers must keep a daily record of each worker's start and finish times and retain it for four years. This applies to full-time and part-time staff, and it is one of the most commonly enforced requirements. Fixed-discontinuous contracts (contrato fijo-discontinuo). The 2021 reform expanded this indefinite but seasonal or intermittent contract as the replacement for many old temporary ones. If your work is seasonal or comes in predictable cycles, this is often the correct form rather than a temporary contract. Paid leave. Workers get at least 30 calendar days of annual paid holiday, plus statutory leave for events such as birth and care of a child, medical appointments and family emergencies. Many convenios add to the statutory floor. Equality and disconnection. Companies above a size threshold must have an equality plan (plan de igualdad). Workers also have a right to digital disconnection outside working hours, which a careful contract acknowledges. Collective dismissal. If you reduce headcount above certain thresholds in a 90 day window, a collective dismissal procedure (despido colectivo, or ERE) with worker consultation applies. Dismissing people one by one to avoid it can be challenged. ## A usable template Adapt to your facts and the applicable convenio, and have a Spanish laboralista review it. CONTRATO DE TRABAJO / EMPLOYMENT CONTRACT 1. Parties. [Employer, CIF, registered office] and [Employee, DNI/NIE, address]. 2. Type of contract. Indefinite (indefinido) [or temporary with the specific legal cause and its justification]. 3. Position and duties. [Job title, professional group under the convenio, main duties]. 4. Start date and probation. Start [date]. Probation of [X], within the limit set by the convenio and the statute. 5. Place of work and working time. [Location; hybrid or remote terms]. [X] hours per week on an annual average; schedule [distribution]. 6. Pay. Gross annual salary of [amount], paid in [12/14] instalments, not below the convenio minimum. [Variable pay, benefits.] 7. Holidays. At least 30 calendar days of paid annual leave, plus public holidays. 8. Confidentiality and data. The Employee keeps company information confidential and the Employer processes personal data under the GDPR and the Spanish data protection law (LOPDGDD). 9. Non-compete and exclusivity. [If used: a post-contract non-compete needs a real business interest and financial compensation to the worker; set term and payment.] 10. Applicable convenio. This contract is subject to the [name] collective bargaining agreement. 11. Governing law and jurisdiction. Spanish labour law; the social courts (juzgados de lo social). Signatures, dated. ## A short walk through the key clauses Type of contract is the first decision and the biggest risk. Default to indefinite. Only use a temporary contract where a specific legal cause exists and state that cause, or the contract becomes indefinite by law. Probation and the convenio must match. Writing a six month probation when the convenio caps it lower makes the clause unenforceable. Always open the convenio first. Non-compete clauses in Spain are valid only with a genuine business interest, a reasonable scope and real financial compensation paid to the worker. A non-compete with no payment is void. ## Red flags to check before signing - A temporary contract with no genuine legal cause, which will be treated as indefinite.

• Probation longer than the convenio allows.
• Pay below the statutory minimum or the convenio floor.
• A post-contract non-compete with no compensation.
• No Social Security registration before the start date. ## Keeping the relationship compliant after signing An employment contract in Spain is the start of ongoing duties: tracking the end of probation, applying each convenio update to pay and conditions, documenting any change through the correct procedure, and calculating the right severance if the relationship ends. Drafting a Spanish employment contract that matches the statute and the applicable convenio, checking that probation, pay and any non-compete are enforceable, and tracking probation and convenio deadlines can sit in one AI workspace tuned to how your company hires. Adira is built around that idea: it drafts from a template, models the contract as linked clauses so it can flag a probation period over the convenio limit or a non-compete with no compensation, and keeps key dates and obligations in one place. Adira is India-first today, with jurisdictions set per contract and an international mode for others; deep, verified coverage of Spanish labour law is on its roadmap rather than established, so treat Spain specific output as a draft for a Spanish lawyer to confirm. This page is general information, not legal advice. Spanish labour law and collective agreements change, so confirm the current rules and the right convenio for your case.