Signing an employment contract in Spain is not a formality: it is the document that defines your stability, your salary, your vacation, and what you will be paid if you are ever dismissed. Understanding which type of contract you are being offered and what clauses it contains is the difference between accepting blindly and knowing exactly what you are signing.
After the 2021 labor reform, the contract landscape changed at its root: the permanent contract became the norm, and temporary hiring was tightly restricted. This guide walks through the contract types in force, your rights and obligations, the points worth checking closely before signing, and two aspects that many articles overlook: the protection of your personal data and the rules on employer monitoring.
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Types of employment contracts in Spain
Each type determines the length of the relationship, the protection against dismissal, and the conditions you can demand. These are the ones worth knowing today.
Permanent contract
It has no end date and can be full-time or part-time. It offers the most stability, the best access to unemployment benefits, and the strongest protection against dismissal. Since the reform it is also the default: if a company chains together temporary contracts without a genuine reason, the law presumes the relationship is permanent. When you review your contract, make sure the salary, the working hours, the duties, and the termination terms are clearly defined.
Temporary contract
The generic temporary contract is no longer valid. Only two grounds remain: production circumstances (occasional, unforeseeable peaks, capped at six months and extendable to one year by collective agreement) or substitution of a person whose job is being held for them. The old “obra y servicio” is gone. If you are renewed on a temporary basis again and again without a cause that justifies it, you have solid grounds to claim conversion into a permanent contract, and it is worth reviewing the differences between permanent and temporary contracts before accepting.
Permanent seasonal contract (fijo-discontinuo)
This is the route the reform strengthened for seasonal or intermittent work that recurs over time: seasonal campaigns, hospitality, peak-driven retail, subcontracts. The worker is permanent, but is called to work when the activity starts. It gives far more protection than the old chained temporary contract, and seniority counts from the start of the relationship, not from each call to work.
Training contracts
This is where the most outdated information circulates. The old training and apprenticeship contract and the internship contract no longer exist. Today there are two types, governed by article 11 of the Workers’ Statute and developed by Royal Decree 1065/2025:
- Training contract in alternation (contrato de formación en alternancia). It combines paid work with official training tied to the job. It lasts between three months and two years and allows no probationary period.
- Contract for obtaining professional practice (contrato para la obtención de la práctica profesional). Aimed at those who already hold a university or vocational qualification and want experience. It lasts from six months to one year.
In both cases the salary cannot fall below the SMI in proportion to the working hours, and the time worked counts toward seniority if you are later made permanent.
Your rights and obligations as a worker
The employment relationship has two sides. Knowing both protects you and, on top of that, gives you room to negotiate from an informed position.
Rights
No contract can place you below these minimums. The main ones include:
- A fair wage. No full-time worker earns less than the SMI (Salario Mínimo Interprofesional, the statutory minimum wage), set by Royal Decree 126/2026 at €1,221 gross per month across 14 payments (€17,094 per year) and exempt from income tax. If your collective agreement sets more, the agreement prevails.
- Rest and vacation. A minimum of 30 calendar days of paid vacation per year, plus weekly rest and breaks during the workday.
- Equality and non-discrimination. No unfavorable treatment based on sex, age, origin, religion, sexual orientation, or disability.
- Health and safety. A safe environment, prevention training, and protective equipment at the company’s expense.
Obligations
In exchange, you are required to carry out the agreed tasks diligently, respect the schedule and internal rules, use company resources responsibly, and act in good faith. That last point is not rhetorical: breach of contractual good faith is one of the most cited grounds for disciplinary dismissal, and it covers everything from unfair competition to the fraudulent use of sick leave or company resources.
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What to check before signing a contract
Before you put your signature down, spend five minutes checking these points. A detail left loose today is an expensive dispute tomorrow.
- Salary and supplements. Make sure the gross salary, the number of payments (12 or 14), the supplements, and whether variable pay is guaranteed or target-based are all stated. Always compare against your collective agreement.
- Working hours and distribution. Full-time or part-time, schedule, distribution of time, and time tracking. In part-time work, complementary hours must be agreed in writing.
- Probationary period. Check its length: the Workers’ Statute and the collective agreement set caps, and an abusive length is void.
- Termination clauses. Notice period, causes, and, where applicable, tenure agreements or post-contractual non-compete clauses (which are only valid if financially compensated).
If something does not sit right, do not sign out of inertia. A clause that worsens what the law or the collective agreement guarantees is void even if you accepted it, but avoiding the conflict from the start is always cheaper.
Data protection and employer monitoring
When you join, the company processes your personal data, and while you work, it can monitor your activity. Both have clear legal limits worth knowing, set by the General Data Protection Regulation, Organic Law 3/2018 (LOPDGDD), and article 20 bis of the Workers’ Statute.
Your personal data
The company can only collect the data necessary for the employment relationship and process it for the stated purpose. You keep your rights of access, rectification, erasure, restriction, portability, and objection. Sensitive data, such as health information, has reinforced protection: occupational health monitoring is confidential, and its result does not reach the company beyond fitness or unfitness for the job.
Video surveillance, geolocation, and devices
Employer monitoring is legitimate, but regulated. Video surveillance requires prior information about its existence and purpose, and it is prohibited in rest areas such as changing rooms, canteens, or restrooms. Geolocation of company vehicles or devices is valid for monitoring purposes during working hours, never outside them. And to review your work email or computer, the company needs a usage policy that is in place beforehand and communicated. Without those requirements, evidence obtained this way can be declared void in court.
Conflict resolution and disciplinary regime
When a problem arises, the courts are neither the only route nor the first. Before suing for dismissal or for a claim of unpaid amounts, it is mandatory to attempt prior conciliation before the mediation body of your autonomous community, a free step that resolves many cases without reaching court. Voluntary mediation and arbitration are faster and cheaper alternatives to litigation.
On the disciplinary front there is a major development. Since the Supreme Court ruling of November 18, 2024, before a disciplinary dismissal the company is required to grant you a prior hearing (audiencia previa), that is, to let you defend yourself against the alleged facts before the decision is made. The dismissal letter is not enough. Skipping that step can turn the dismissal into an unfair one even if the facts were true, with severance of 33 days’ salary per year worked (up to 24 months’ pay) if you choose not to be reinstated.
Every contract has its fine print, and a misunderstood detail can cost you money or a right. At ILLAY Legal we review your contract or your employment situation entirely online, whether you are a worker or a company. Tell us about your case and we will tell you exactly what steps to take.
Frequently Asked Questions: Employment Contracts in Spain
What happens if my temporary contract is renewed many times?
If you are given a chain of temporary contracts without a genuine cause to justify them, or you exceed the duration limits set by law, the relationship is deemed permanent as a matter of legal fraud. In practice, that means you can claim permanent status and the corresponding severance if you are let go.
Can my employer read my work email?
Only if there is a usage policy for digital resources that is in place beforehand, clear, and communicated, and only while respecting the principle of proportionality. Without that policy, and absent serious indications, accessing your email or computer may violate your right to privacy, and evidence obtained that way can be void in court.
Is a six-month probationary period legal?
It depends. The Workers’ Statute sets a general cap of two months (six for technical graduates and in companies with fewer than 25 workers), but the collective agreement may provide otherwise. A probationary period longer than allowed is void, and during it either party can withdraw without severance, unless the withdrawal is discriminatory.
What is the difference between a permanent seasonal contract and a temporary one?
The permanent seasonal contract (fijo-discontinuo) is a permanent contract: the worker rejoins each season and keeps their seniority and rights between calls to work. The temporary contract, by contrast, has an end date and is only allowed on specific grounds. For recurring seasonal work, the law now requires the permanent seasonal contract, not the temporary one.
Do I have to sign the contract before starting work?
Yes. The contract must be formalized before the activity begins, and contracts for part-time or fixed-term work must be in writing. Working without a signed contract does not leave you without rights, but it makes it harder to prove the agreed conditions, so always insist on it before your first day.
