El temporary contract in Spanish labor law It is a specific type of contract that allows for temporary job filling. It plays a crucial role in a company's flexibility and adaptability to unforeseen situations or temporary vacancies.
Understanding what it is, how it works, and what its legal framework is following regulatory changes is vital for both employers and workers seeking guarantees for their working conditions.
What is an interim contract?
An interim contract is a contract signed to replace workers with the right to a reserved position, to temporarily fill a position during the selection or promotion process for permanent coverage, and, in certain cases, to temporarily fill a vacant position while the selection process is carried out.
This type of contract is subject to the Spanish labor legislation, and it is essential that the reasons for the temporary position and the identification of the replaced worker be clearly specified.
The temporary nature of the interim contract responds to the need to ensure that a job position is not left untended while the incumbent is absent for justified reasons.
It is important to note that this contract must always be in writing, detailing the circumstances justifying its execution and the relationship with the replaced worker.
Characteristics of the interim contract
This contract has a series of characteristics which distinguish it from other types of temporary contracts:
- There must be a justified cause for temporality.
- Identification of the worker to be replaced and the reason for the replacement are required.
- There is no trial period.
- If the contract ends and the employee remains with the company, it is considered permanent.
- You are entitled to compensation upon termination.
The flexibility offered by this type of contract benefits both the company and the employee by allowing them to adapt quickly to changing circumstances.
When to apply for a temporary contract
The interim contract applies in specific situations:
- When it is necessary to temporarily fill the position of a worker with the right to reserved employment.
- In the event that coverage is needed during selection or promotion processes for a position.
It is essential that companies recognize the right times to use this contractual modality, always complying with current regulations.
Duration of the interim contract
La duration of the interim contract is variable and will be defined by the length of time that the cause that motivated its realization lasts. However, with the Labour Reform, limits have been established on temporary contracts in general to prevent abuse of temporary contracts.
Thus, while previously the duration could fluctuate more, now the goal is to ensure that the contract does not extend longer than necessary to effectively cover the justified temporality.
Advantages and disadvantages of the interim contract
The Advantages of temporary contracts for companies They include adaptability and coverage of urgent needs without compromising a long-term employment relationship. For the worker, it represents an opportunity for employment and professional experience.
However, there are also disadvantages, such as a lack of job security for the worker and the dependence on external circumstances for continued employment.
What happens to temporary contracts after the labor reform?
With the labor reform of 2022Changes have been introduced to the regulation of temporary contracts. The aim is to limit the duration and succession of these contracts to prevent job insecurity.
The new regulations aim to ensure that temporary contracts, including interim contracts, are used exclusively for circumstances that truly warrant them, thus preventing their fraudulent use.
Questions related to the interim contract
What is a temporary contract in Spain?
In Spain, a temporary contract is intended to temporarily fill the position of an employee with the right to reserve the position. It is used for substitutions due to sick leave, vacation, or during a selection process.
It is a type of temporary contract regulated by the Spanish labor legislation, which implies certain rights and duties for both the interim worker and the company.
What's happening with temporary contracts under the new labor reform?
Following the labor reform introduced in 2022, temporary contracts have seen their duration and terms of use limited. The goal is to avoid the chain of temporary contracts and encourage permanent employment.
It is important that companies adjust to the new regulations to avoid sanctions and ensure the correct application of labor law.
What is the maximum duration of a temporary contract?
The maximum duration is not explicitly established, as it depends on the length of the absence of the replaced worker. However, the labor reform seeks to establish limits to prevent abuses of temporary contracts.
It is essential that both workers and employers be informed about these legal changes to avoid job insecurity.
What rights does a temporary worker have?
A temporary worker is entitled to a salary equivalent to that of the position they hold, as well as the same working conditions and benefits that would apply to the incumbent.
In addition, at the end of the contract, you are entitled to receive a compensation for termination of contract, as established by current regulations.
Before continuing, I invite you to watch this video, which explains even more about the temporary contract in Spain:
For a deeper understanding of this topic, it is always recommended to seek specialized legal advice. You can find more information on the official website of the State Public Employment Service (SEPE), which is a leading entity in the Spanish labor field.