A business's need to hire for a few months does not mean that any fixed-term contract is valid. The desired duration and the legal grounds are separate issues. Before choosing a template, the actual need should be analysed and checked against a permitted type of contract.
Article 15 of the Spanish Workers' Statute starts from the principle of indefinite employment and regulates the circumstances allowing fixed-term contracts. A hiring practice should not be maintained solely because it was used previously or because payroll software allows it to be selected.
Start with the need, not the form
Describe the work to be done, why the need has arisen now and what event would allow it to be regarded as completed. A general explanation such as “an accumulation of tasks” may not adequately reflect the situation being justified.
The business documentation should be consistent with the contract. If the activity recurs predictably, alternatives such as the Spanish permanent intermittent contract should be examined where appropriate, rather than issuing successive documents with similar grounds.
Production circumstances and substitution
Hiring due to production circumstances and hiring to substitute for someone address different situations. The specific grounds, duration limits, identification requirements and applicable collective agreement provisions must be checked.
For substitution, it is relevant to review who is being replaced and why their post is reserved or the legal situation relied on exists. For production circumstances, it should be possible to explain the facts giving rise to the temporary need and the connection between those facts and the anticipated duration.
There is no universal duration that makes any contract correct. The permitted period depends on the contract type and the applicable law, and it does not cure the absence of valid grounds.
A recruitment file that can be reviewed
Before registering the employee, gather:
- A description of the position and the duties to be performed.
- The business reason for taking the person on and the available evidence.
- The proposed contract type, working hours and anticipated duration.
- The applicable collective agreement and pay conditions.
- Relevant earlier contracts involving the person and the position.
Once the person has been hired, it is advisable to check that the actual work matches what was agreed. If the duties, need or duration change, the initial document should not become an automatic explanation for everything that happens afterwards.
Mistakes to avoid
Reproducing the same grounds for different positions and occasions without checking them is not good practice. Nor should an end date be confused with sufficient evidence that a need is temporary. Non-compliance may have employment and administrative consequences that require individual analysis.
Can the contract be extended because the business wants to wait?
Business convenience alone is not enough. It must be checked whether the grounds continue, whether that type of contract permits an extension and whether its limits are respected.
Does a short contract avoid risks?
Not necessarily. A short duration does not remove the need for valid grounds or replace compliance with the other requirements.
Our employment advice for businesses service can review the proposed hiring before it is formalised. Bring the job description and the documentation explaining the need. This article does not choose a contract type for a particular case: that decision requires a review of the activity and the collective agreement.
