Employment contracts: what to check before starting
Distinguish indefinite, temporary and fixed-discontinuous work; check the reason, conditions and probation.
6 min read · Sources checked on
What to keep in mind
- Duration and working time are different details.
- A temporary contract needs a specific legal reason.
- Probation is also work with rights.
General guidance for employees in Spain. The collective agreement, employment relationship and circumstances can change the answer. Seek employment advice for a specific dispute or deadline.
Two separate questions: duration and working time
Open-ended does not mean full-time. Read the duration of the relationship separately from the agreed hours. The contract, collective agreement and Social Security registration provide different information: compare them.
Open-ended
No agreed end date. May be full-time or part-time. Legal grounds for ending employment still apply.
Temporary
For production needs or replacement with a justified reason. An end date or campaign alone is not enough.
Permanent intermittent
Open-ended with active and inactive periods. Check when and how you must be called back, including seasonal farming or hospitality work.
Training contract
Alternating training or professional practice: each has training aims, requirements and limits. Ask for the applicable plan and supervision.
Indefinite and temporary contracts differ
The general rule is indefinite employment. Temporary work needs a specific lawful production or replacement reason and a duration linked to it. Unforeseeable needs and foreseeable occasional needs follow different rules: the 90-day limit does not apply to all production contracts. Check article 15 and the applicable agreement.
Probation
Probation must be agreed in writing. Its duration depends on the collective agreement and legal limits. For article 15 temporary contracts lasting no more than six months, the default limit is one month unless the agreement provides otherwise. It is invalid for duties previously performed for the same employer.
Fixed-discontinuous work and recall
This is indefinite employment with periods of activity. A written contract is required and recall follows collective or company-agreement criteria. Inactivity does not automatically grant a benefit.
What to check and where to get help
Check employer, duties, hours, location, gross pay, agreement, duration and probation. Ask about blanks or unclear terms before signing. Keep documents if there is a dispute and consult staff representatives, a union or an employment professional.
Explore a worked example
An offer says “open-ended, 20 hours”. Someone assumes they will be paid for 40 hours.
How to interpret it
Open-ended describes duration, not hours. Pay must be checked against working time and the applicable conditions.
A useful next step
Ask for hours, their distribution, annual gross pay and the collective agreement in writing before deciding.
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