Updated: Nov 7
In this article, we will look closely on basic types of employment their essence and functionality, according to Workers Statue Law in Spain.
Contract of employment
In Spain, contracts can be concluded orally or in writing. However, a contract can only be concluded orally if the duration is less than four weeks. The contract of employment contains the following points:
1. the identification details of the company and the employee;
2. the address of the company and the place of work;
3. the date of commencement of employment. In the case of a fixed-term contract, the expected date of termination also.
4. the professional classification and characteristics of the post and the tasks to be performed;
5. working conditions such as: basic salary plus allowances, dates and method of payment, etc.;
6. a probationary period may be required but is not compulsory;
7. mutual periods of notice for the termination of employment;
After signing the contract, the employer must inform the public employment services of its content.
Temporary and indefinite contracts
Temporary contracts are usually terminated by the date of termination agreed upon in the employment contract. They can be divided into the following:
Fixed-term contracts (Article 15.1 of the Workers' Statute):
1. Contract for specific work or services
The contract can be done full- and part-time. The contracts do not usually have an end date, employees work until the work is completed.
2. Eventual contract
Temporary contracts in case of market circumstances or to cover vacations. The maximum duration is six months.
3. Interim contract
For replacing workers, with the specification of the name of the replaced work. Also, it can be used to temporarily fill a job.
Training contracts (Article 11 of the Workers’ Statute):
1. Training and apprenticeship contract
Theoretical training for unskilled workers. Workers are between 16 and 25 years of age. Minimum duration of 1 yea, maximum of 3 years.
2. Internship contract
A temporary contract with training. A professional experience is provided concerning the employee’s academic education.
On the contrary, the indefinite contract does not establish an end date.
1. The permanent contract (Article 8 of the Workers' Statute):
The contract has an indefinite period. The contract provides more job stability and better pay.
2. The discontinuous fixed contract (Article 16 of the Workers' Statute):
This indefinite contract is a discontinuity in the activity. The work is for a period, but the need is permanent. So, the worker returns periodically for the task, for a full-time day.
So, the difference is that a temporary contract meets an extraordinary need. However, a fixed-discontinuous contract has a repeated need on certain dates.
Types of employment
Seasonal work is linked to a season, being temporary. The maximum duration is six months. For instance, this type of work is used in the tourism sector. In Spain, especially June, July, and August are popular.
Self-employed self-employers carry out economic activity independently. There are two types:
1. Self-employed entrepreneur
A one-person company. So, an entrepreneur manages his own work and is personally responsible. Therefore, this structure is better for small businesses.
2. Freelance professional
Freelancers undertake work in exchange for remuneration, without being under an employment contract.
Documentation for self-employment
Self-employment requires some formalities:
· Declaración Censal de Inicio de Actividad (start-up declaration) at the local provincial Delegación de Hacienda (tax office).
· Registration in the social insurance scheme Seguridad Social, under the special regime of the Autonomous Regions, at the general treasury of the local provincial Social Insurance Agency.
· Registration of patents, designs, designs, name, sign and trade mark in the intellectual property register.
· In case of opening of business premises, it is necessary to apply for a self-governing licence and the Employment Office in the Autonomous Region must also be informed.
An independent contractor is someone who provides a service on a regular basis. There are many different types of independent contractors, as well as a wide range of industries in which an independent contractor can operate.To summarize, the work of an independent contractor is not limited to several types of positions or projects. It is important that the person is not an employee and has personal control over work hours and location.