Spain
In Spain, fixed-term contracts must be based on a legally recognized reason, such as completing a specific project or to fill a temporarily vacant role (e.g. replacement during maternity leave). The duration of a fixed-term contract is usually up to six months. A fixed-term contract can be renewed multiple times, but the cumulative duration of the successive contracts cannot exceed 18 months in a 24-month period. If the contract surpasses this, it is automatically converted to a permanent contract.
In Spain, Workers are entitled to up to 14 public holidays per year. Of these, 10 are nationally recognized, while the remaining holidays are designated by the respective autonomous communities and municipalities. Public holidays are paid non-working days. If a holiday falls on a weekend, it is not automatically moved to a weekday.
Full-time Workers are entitled to at least 30 calendar days (22 working days) of paid vacation per year. Generally, leave must be taken within the calendar year that it is earned. Accrued but unused vacation must be paid out at the time of termination.
There are no official subcategories of workers in Spain.
Probationary periods are limited to six months for professional roles and two months for all other roles. For fixed term contracts of six months or less, the probationary period generally cannot exceed one month. No notice is required for terminating a Worker during their probationary period.
Workers are entitled to paid sick leave for illness and various other life events. The first three days of sick leave are usually unpaid, though this can vary depending on the collective agreement. For the sick leave period from the 4th day onwards, Workers may receive sick pay from Social Security (INSS), typically equal to 60% of the Worker's regulatory base salary for days 4 to 20 of the illness and 75% of the salary from day 21 onward. This amount is subject to Social Security contribution limits. Workers must present a medical certificate issued by a doctor.
A regular workweek is 40 hours per week. Workers must receive a minimum of 12 hours rest between the end of one workday and the beginning of the next.
There is an absolute limit of 80 overtime hours per year per worker. Workers under 18 years of age, night workers, and part-time workers are prohibited from working overtime.
Spain requires two bonuses (a 13th-month salary to be paid in June and 14th- month salary to be paid in December) be paid out to Workers per year. The payments are calculated based on the Worker’s salary, and each one amounts to 1/14th of the total annual salary.
In Spain, a Worker may be terminated for several reasons, including objective dismissal (based on economic, technical, organizational, or production-related factors), disciplinary dismissal (due to serious misconduct), collective dismissal (involving large-scale layoffs), and termination by mutual agreement. Unless subject to a fixed term agreement or in cases of serious misconduct, Workers must be given advanced written notice prior to terminations or pay in lieu. The amount of written notice required is generally 15 days.
In most cases, a standard notice of 15 calendar days applies.
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