Employment contracts & policies
Spain
Employment contracts
Verbal employment contracts are legal in certain cases but are not market practice. In any case, for employment relationships which exceed 4 weeks, certain minimum information must be put in writing, and, in all cases, a summary of the main terms of the contract (copia básica) must be lodged with the Employment Office. For certain types of contracts (eg, seasonal employment agreements), an official template of the employment agreement is also required, as provided by the Employment Office.
As of 2022, violations of the law are considered for each employee in the case of non-compliance with the type of contract.
Mandatory employment legislation and the applicable collective bargaining agreement (CBA) must be honored.
Law 10/2021 on remote work addresses the following key points in relation to employees working remotely:
- The regulation applies to employees who work from home – or any other remote location of their choice for at least 30 percent of their statutory hours, computed over a 3-month reference period.
- Working from home cannot be imposed unilaterally either by the employer or the employee.
- A written agreement with mandatory minimum provisions is required between the employer and the employee.
- Burden of expenses derived from remote work is placed on the employer.
Probationary periods
Permissible. Subject to the limits fixed by the applicable CBA. Where the CBA is silent, the term is 6 months for qualified employees, 2 months for unqualified employees, and 3 months in companies with fewer than 25 employees.
Policies
Not formally required, although it is common practice for major companies and multinational employers to have specific policies in place.
Third-party approval
Apart from the filing of the basic copy of the employment agreement (copia básica) mentioned above, there are no requirements for employment contracts or policies to get approved by any third party. However, if policies include work control systems (eg, policy regarding the use of the IT systems) or professional formation plans, then employees' representatives should be invited to provide a non-binding report.
RED employment and flexibility mechanism
Included in the new labor reform, is an employment flexibility and stabilization mechanism to be activated by the Council of Ministers, which will allow companies to apply for measures to reduce working hours and suspend employment contracts subject to consultation with the workers’ representatives and authorization by the labor authorities.