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 of a worker during maternity leave). The duration of a fixed-term contract is usually up to six months but may be up to 12 months if allowed under a collective bargaining agreement. 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, then 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 it falls on a weekend, it is not automatically moved to a weekday. National public holidays typically observed nationwide are New Year's Day, Epiphany, Good Friday, Labour Day, Assumption of Mary, National Day of Spain, All Saints' Day, Constitution Day, Immaculate Conception Day, and Christmas Day.
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 a termination.
Aside from the distinction between a worker and an independent consultant, there are no official subcategories of workers in Spain.
According to the Workers’ Statute, probationary periods are limited to six months for professional roles and two months for all other roles. However, in businesses with less than twenty‑five employees, the probationary period can be up to three months for non‑technical roles. In temporary contracts for six months or less, the probationary period generally cannot exceed a month.
Workers are entitled to paid time off for illness and various other life events, which is generally compensated by the Spanish Social Security System.
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- and 14th- month salary) 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, employment 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 on 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. Except in cases of disciplinary dismissal, severance pay is generally due to Workers upon termination. In cases of fair dismissals, a severance of 20 days' salary per year of service is payable to the Worker. In unfair cases of dismissal, severance of 33 days' salary per year of service is payable to the worker.
A standard notice of 15 calendar days is common, but this may vary based on the employment contract or applicable collective bargaining agreement.
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