Of fixed duration
They are also called temporary contracts.[4][5] They are contracts that make the labor relations between the company and the worker flexible and adequate, adjusting them in the distribution of time according to their needs, always based on a predetermined cause or purpose. Its duration is established in article 15 of the Workers' Statute and currently these contracts are the following: specific work or service contract, eventual contract for production needs and interim contract.
Collective agreements are those that set the salary of workers. The salary is made up of the base salary along with supplements.
Common aspects in fixed-term contracts.
• Collective bargaining is allowed to establish additional requirements aimed at preventing abuses in the successive use of temporary hiring.
• Workers with temporary and fixed-term contracts will have the same rights as workers with indefinite-duration contracts, without prejudice to the specific characteristics of each of the contractual modalities.
• When a right is attributed to workers based on the worker's previous seniority, this must be computed according to the same criteria for all workers, regardless of their type of contract.
• The employer must inform the company's workers with fixed-term or temporary contracts, including training contracts, about the existence of vacant jobs, in order to guarantee them the same opportunities to access permanent positions as other workers. This information may be provided through a public announcement in an appropriate place in the company or workplace or through other means provided for in collective bargaining, which ensure the transmission of the information.
• Collective agreements must establish measures to facilitate the effective access of these workers to continuing professional training, in order to improve their qualifications and promote their professional progression and mobility. They may also establish objective criteria and commitments for converting fixed-term or temporary contracts into indefinite ones.
• In addition, it is established that temporary contracts entered into in violation of the law will be presumed to be indefinite, as may happen in the event that the same worker is successively hired through temporary contracts for work or a specific service when, in reality, their services are intended to meet the permanent needs of the company. Fraud is understood to have been committed when, relying on one rule, someone achieves a result that is prohibited or contrary to another that they are trying to avoid.
This type of contract has the function of carrying out works or services with autonomy from the company. The duration is not determined, but is limited to the duration of the work or service, and can be performed both full-time and part-time.
• Formalization: It must be done in writing, clearly determining the nature of the contract, the work or service to be performed, and the duration of said contract. Communication of said contracts and their possible extensions will be made within 10 business days following their conclusion, and it is usual for the worker to be previously registered with Social Security.
• Termination: The contract will be terminated at the request of either party. Initially this should be when the stipulated work or service is completed. If the contract lasts more than one year, the testifying party will notify the end of the contract at least 15 days in advance. Upon completion, the worker will receive compensation of 8 days' salary per year worked.
• Special: Law 35/2010 of September 17, on urgent measures for the reform of the labor market,[6] included the figure of the fixed construction contract, developed by the construction collective agreement, a contract that may not have a duration of more than 3 years.[7].
This type of contract has the function of addressing all those circumstantial aspects of a company, even if they derive from the normal activity of the company. An example of this may be hiring staff to deal with excess orders.
Hiring of this type can be carried out, as well as for work or service, both part-time and full-time. The maximum duration of this type of contract is six months in a twelve-month period. But given the nature of this type of contract, collective agreements have a lot to say about the duration of the contract and the period in which it is established.
• Formalization: It must be made in writing if the duration of the contract is greater than four weeks or if the contract is contracted part-time.[8] If such requirement is not observed, the contract will be presumed to have been concluded for an indefinite period and full-time, unless proven otherwise that proves its temporary nature or the part-time nature of the services. The contract must always make clear the cause that justifies it, the nature of the contract, the duration and the work to be carried out. The communication of the contract, as in the previous case, will be carried out within ten days following its conclusion.
• Termination: The termination of the contract is established with the request of either party once the production circumstance has ended. If the contract has been formalized for a duration less than the maximum time allowed, it is possible to extend it up to said maximum. Upon completion, the worker will receive compensation of 8 days' salary per year worked.
This type of contract is intended to replace a worker during the time he or she is absent. This contract is also used to fill a position while the person who will permanently occupy that position is selected. The working day stipulated for these contracts is the complete one, although there are exceptions that must be consulted in the workers' agreement.
Training contracts are the training contract alternating with work and the training contract to obtain professional practice, which replace, respectively, the contract for training and learning[9][10] and the internship contract.[11].
The purpose of the training contract in alternation with work is the professional qualification of workers in a regime of alternation of paid work activity in a company with training activity received within the framework of the vocational training system for employment") or the educational system, making the paid work activity compatible with the corresponding training processes in the field of vocational training, university studies or the Catalog of training specialties of the National Employment System.
The training contract to obtain professional practice may be concluded with those who are in possession of a university or vocational training degree (intermediate or higher degree) or degrees officially recognized as equivalent, or a professional certificate.