Types of Spanish Contract Part 2

PART-TIME CONTRACTS (Article 12 Workers’ Statute)

This type of contract is agreed on several hours a day, week, month or year and its inferior to a full-time work contract. Part-time contracts are entered for a certain duration of time but they are different from training contracts. A trainee is learning on the job while a part term worker knows the job but is working for limited hours a day.  

In Spain most jobs done by foreigners are part-time. It is truly difficult to get a full-time contract in Spain but it is not impossible. Some rules govern part-time contracts and they include:

1.      The contract must be in writing and the number of hours contracted per day, week, month or year must be stated.

2.      The part-time work can be continuous in a stated place or distributed, but the hours must be less than that of a full-time job.

3.      Part-time workers are not allowed to do overtime except for a few exceptions in Article 35 Section 3 of the Workers Statute whereupon agreement of the parties, a worker could do overtime.

4.      Part-time workers have the same and full rights as full-time workers.

5.      A worker has the right to switch voluntarily from part-time to full-time and vice versa and this must not be imposed by the Employer.

6.      Based on Collective Bargaining Agreements (agreement by both employer and employee) the worker should have access to continuous professional training to favour the workers progress.

7.      An employer cannot just give additional hours except agreed between him and the employer in the Collective Bargaining Agreement.

WORK AT HOME CONTRACTS (Article 13 Workers’ Statute)

Even when you work from home, it is recognisable under Spanish Law. Any work done in the workers’ domicile or a place freely chosen by the worker is considered a work-at-home contract. This type of contract must have the following:

1.must be in writing

2.the place where the work is done must be stated

3.the salary must be specified

4.the work-related activity must be stated by the Employer and also the name of the worker, the type and amount of work, rates agreed on, materials delivered to the employee, delivery and acceptance of prepared products, etc.

5.      A work-at-home worker has the same rights of collective representation just like any other worker in the workforce, except if the work is a family group or business.

DEFINITIONS

EMPLOYER (EMPLEADOR): A person, company, or organization that employs people and pays them for work.

EMPLOYEE (EMPLEADO): A person employed for wages or salary also known as worker.

CONTRACT (CONTRATO): A written or spoken agreement, especially one that concerns employment, sales or tenancy, that is enforceable by law.

PART-TIME (TIEMPO PARCIAL): An activity or work done for periods of time shorter than the usual hours or schedule.

REFERENCES

  1. Ministry of Labour and Social Security. Workers’ Statute. Approves the Consolidated Text of the Law on the Workers’ Statute (2015).
  • L & E Global. (2019). Employment Law Overview Spain 2019-2020. Barcelona: L & E Global Spain.

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