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Spain: Contracts of employment

Updating author: Jesús Gimeno, Simmons & Simmons
Original author: Jones Day

See the legal services provided by the updating author of International > Spain, including any discounts/offers for subscribers.


  • Employment contracts can generally be written or oral, but must be written in certain cases. (See General)
  • There is a presumption that an employment relationship exists where a worker is paid to deliver or distribute consumer products or merchandise on behalf of employers in certain cases. (See Defining employees)
  • The existence and duration of any probationary period must be expressly stipulated in writing. (See Probationary periods)
  • The basic distinction is between permanent contracts (ie contracts of indefinite duration) and fixed-term contracts. (See Types of contract)
  • Employers may provide employees with a written contract based on an "official model" approved by the public employment authorities. (See "Official model" contract)
  • Certain elements of the employment contract may be modified unilaterally by the employer. (See Variation of contract)