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Spain: Contracts of employment

Original and updating authors:Jesús Gimeno and Javier Gutiérrez, Jones Day

Consultant editor:Silvia Bauzá, Hogan Lovells International LLP Madrid

Summary

  • Employment contracts can generally be written or oral, but must be written in certain cases. (See General)
  • The existence and duration of any probationary period must be expressly stipulated in the employment contract. (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)