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Fixed contract after six months: How Spain plans to solve job instability for its temporary workers 

The Spanish government is trying to address the precariousness of the country's job market by shortening the maximum length of temporary work contracts so that these employees can access fixed positions sooner.

Published: 7 June 2021 13:31 CEST
How Spain plans to fix job instability for its temporary workers
Photo: Gabriel Buoys/AFP

Spain’s Labour Ministry has presented a draft proposal to the unions and business associations which aims to give temporary workers better working rights and job stability.

This is a big problem in a country where around a quarter of work contracts are temporary, in large part due to the seasonal nature of Spain’s all-important tourism industry.

The standout feature of the draft bill headed by Spanish Labour Minister and third vice president Yolanda Díaz is the proposed maximum new length of temporary contracts: six months or one year at the most.

Obra y servicio job contracts, which up to now could run for up to four years (three years which can be extended for another year), would cease to exist. These ‘work and service’ contracts are temporary agreements through which an employer can hire a worker to carry out a specific service within the company with no fixed end date, so the employer can end it whenever they want and without prior notice.

If the Labour Ministry’s measure is approved, it would mean that the 1.5 million people in Spain who are currently on this type of temporary contract would be able to request a fixed contract with no end date after a year in the role, if the company in question wanted to keep using their services.  

In essence, the Spanish government wants to make fixed job contracts the norm, known as  contratos indefinidos in Spanish. “The employment contract would be assumed to be an indefinido one,” reads the ministerial draft bill. 

They would have a limit of six months, which in exceptions where there are sector-wide collective agreements, could be extended to one year maximum. 

Under their new plans, temporary contracts would ideally only be drawn up in two scenarios.

Firstly, for reasons of productivity during periods of peak demand, but this would not apply to temporary employees carrying out normal and permanent work activity for the business. Seasonal or summer workers couldn’t go on temporary job contracts either, they would need to be on fijo discontinuo contracts.  

If the length of the temporary contract agreed between worker and employer is less than the legal maximum, it could be extended without exceeding that twelve-month limit.

And secondly, for organisation purposes to temporarily replace workers who have a right to hold on to their jobs (maternity leave, unpaid leave). If the original employee did not return after 24 months of absence, the substitute worker (interino) would have the right to the position and a fixed contract. 

If Spain approves the bill, employees in fixed positions who were laid off or left their jobs willingly couldn’t be replaced with substitute workers or employees on temporary contracts; they would have to get a fixed indefinido contract as well. 

The draft law also suggests that if an employee has been on several temporary job contracts which add up to 24 months over a 30-month period, they should automatically become a fixed contract employee.

The main types of temporary contracts in Spain currently are the interinidad contract for the temporary replacement of a returning worker, the obra y servicio contract, the eventual temporary contract due to production circumstances, the formación y prácticas training contract.

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PADRON

When and how you need to renew your padrón certificate in Spain

The padrón document you get when registering at your local town hall in Spain must be renewed periodically. Find out when and the steps on how to do it.

Published: 22 April 2024 13:09 CEST
When and how you need to renew your padrón certificate in Spain

The padrón certificate is used to show proof of where you live. Your town hall – or ayuntamiento – uses it to find how many people are living in the area and what their ages are.

The number of people living in each area will depend on how much money they will receive from the government. They use this money for local services such as schools, health centres, parks and police officers.

If you are a non-EU citizen with temporary residence (less than 5 years) in Spain, then you will need to renew your padrón certificate every two years.

You will also need to renew your padrón each time you move house, as it should have your current address. 

For some bureaucratic processes in Spain, you will also need to be able to show you have a padrón certificate that’s no older than three months. 

Depending on where you live, there are different ways you can renew it. This could be in person, online or by post.

READ ALSO – Padrón: 16 things you should know about Spain’s town hall registration

Generally, in order to renew your certificate, you will need:

  • A recent gas, water or electricity bill in your name
  • Your rental contract and receipt of your last rental payment
  • If you own your own property, you will need to show evidence that you own it, such as the property deeds

You will also need to show:

  • A valid residence card such as TIE
  • A valid passport
  • In addition, it is also advisable to bring your previous padrón certificate

For children you will also need the following:

  • Records of your digitised family book (libro de família)
  • A valid passport or residence permit of the minor
  • A passport of one of the parents which also contains the identification data of the minor
  • Birth certificate of your child

If you do not live in the same household as your child, you will also need:

  • A delegation for registration form, signed by the parent who lives with the minor.
  • Photocopy of the valid identification document of the parent who lives with the child.
  • In the case of minors under 14 years of age, it will not be mandatory for them to have an NIE, passport or identification document from their country of origin.

Remember that all your documents should be officially translated into Spanish or another local language such as Catalan, if they aren’t already.

READ ALSO: Can I get my padrón online in Spain?

In person

If you are applying in person, you will need to make an appointment at your local Ayuntamiento or town hall.

When the date for your appointment arrives you will need to complete the renewal form, which will most like look something like this, but may change depending on where you live. 

You will also need to bring originals and photocopies of all the documents above.

Online

If you have a digital certificate or Cl@ve PIN you are able to renew your padrón online. You will need to do this via your local government website.

First, you’ll need to identify yourself digitally with your digital certificate or Cl@ve PIN.

Next you will have to complete the renewal form and then attach digital copies of all the above documentation that’s required.

Then you’ll need to submit and sign it digitally.

By post

Although this is not the most common way to renew your certificate, some town halls may let you apply by post and will have details of the relevant address to send your documents and forms to online. 

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