In Spain, an employment contract must comply with a series of requirements and contain specific information in order to be considered valid and in compliance with labor regulations. The following are the essential elements that must be included in an employment contract:
- Identification of the parties:
- Worker: Name, surname, ID card number (DNI/NIE) and, if applicable, Social Security number.
- Company: Name or company name, CIF/NIF, registered office and Social Security number of the company.
- Job Description:
- Professional category: Name of the job position to be performed by the worker.
- Duties: Description of duties and responsibilities assigned.
- Duration of the contract:
- Type of contract: Indicate whether it is permanent, temporary, training, part-time, etc.
- Start date and, if applicable, end date in the case of a temporary contract.
- Workday:
- Hours of work: Hours, duration of the workday, whether it is full or part-time, and distribution of the workday (shifts, work days, etc.).
- Hours of work: Hours, duration of the workday, whether it is full or part-time, and distribution of the workday (shifts, work days, etc.).
- Remuneration:
- Salary: Amount to be received, specifying whether it is gross or net and the periodicity of payment (monthly, biweekly, etc.).
- Allowances: Details of any other type of additional remuneration (commissions, bonuses, etc.).
- Probationary period:
- If a trial period is established, its duration and the applicable conditions must be specified.
- If a trial period is established, its duration and the applicable conditions must be specified.
- Working conditions:
- Information about the workplace and other relevant conditions.
- Information about the workplace and other relevant conditions.
- Rights and obligations:
- Summary of the rights and obligations of both the employee and the employer.
- Summary of the rights and obligations of both the employee and the employer.
- Additional clauses:
- Any additional clauses deemed necessary by the parties, such as confidentiality, non-competition, etc., as long as they do not contravene labor legislation.
- Any additional clauses deemed necessary by the parties, such as confidentiality, non-competition, etc., as long as they do not contravene labor legislation.
- Signatures:
- Signature of the employee and the company representative, with the date of signature of the contract.
Legal requirements
- Formalization: Although contracts may be verbal, it is recommended that they always be formalized in writing, especially in the case of part-time, temporary or training contracts.
- Registration: In some cases, such as temporary contracts, it is necessary to register the contract with the Servicio Público de Empleo Estatal (SEPE).
- Applicable regulations: It is important to take into account the collective bargaining agreement applicable to the company, as it may establish specific conditions on contracts.
Consequences of noncompliance
Failure to comply with legal requirements in an employment contract may lead to the nullity of the contract, penalties for the company or the obligation to compensate the employee for damages.
It is recommended that both employees and employers consult with an employment lawyer or human resources specialist to ensure that contracts comply with current regulations and are tailored to the specific needs of each case.
Sheila Quiroz Sifuentes
Labor Law Expert
Martínez & Caballero Abogados
