If you sign a contract and it says nothing about its duration, it is permanent. That is not a favour from the company: article 15.1 of the Estatuto de los Trabajadores (Workers Statute) says that an employment contract is presumed to be for an indefinite period. The exception is what has to be justified, not the other way round. So the useful question is not “what rights does a permanent worker have?” but “does my temporary contract meet what the law requires?”
The law starts from the idea that the contract is permanent
The same article 15.1 limits fixed-term contracts to two causes: production circumstances or replacement of another worker. It also adds a formal condition. For a temporary cause to be justified, the contract must state precisely the cause that allows it, the specific circumstances that justify it and their link to the expected duration.
A temporary contract that only says “company needs” is weak. What counts as production circumstances is covered in the production-circumstances contract.
The ordinary permanent contract has no end date
This is the default contract. You work the agreed hours, all year, and the company does not have to renew you or justify every so often that it still needs you. There are variants inside it (part-time, for example, which has its own rules), but the essential point is that the contract lasts until it ends for one of the reasons in article 49.
The fijo discontinuo (article 16) is also permanent, but with periods of activity and inactivity. It is explained in fijo discontinuo contract in Spain. Here it is enough to know that it is not a temporary contract.
Your rights are the same as on a temporary contract
There is a widespread misunderstanding here. Article 15.6 says people on temporary contracts have the same rights as those on permanent contracts, without prejudice to the specific features of each type of contract regarding how it ends. When a right depends on seniority, it is counted by the same criteria for everyone.
| Permanent | Temporary | |
|---|---|---|
| End date | No | Yes, or end of the cause |
| Salary, holidays, extra pay | The same | The same, proportional to time worked |
| Seniority | Counted the same way | Counted the same way |
| Information on vacancies | Yes | Yes, art. 15.7 |
| When it ends | Only for a cause (resignation, dismissal, etc.) | Compensation of 12 days per year in most cases, art. 49.1.c |
A temporary worker must also be told about permanent vacancies, so that they have the same chance of getting a permanent post (article 15.7).
What really changes is how it ends
A temporary contract ends when its date or its cause is reached, with the compensation set by article 49.1.c. A permanent contract does not end because time passes: either you resign, or there is mutual agreement, or the company dismisses you and must justify it and follow a procedure.
If the dismissal is declared unfair, article 56.1 sets 33 days of salary per year of service, up to a maximum of 24 monthly payments, with periods shorter than a year prorated by months. In an objective dismissal, article 53.1 requires 20 days per year, up to a maximum of 12 monthly payments.
An example with numbers. Julia earns €24,000 gross a year and has been on a permanent contract for 4 years (contract signed after February 2012):
| Item | Calculation | Result |
|---|---|---|
| Daily salary | 24,000 / 365 | €65.75 |
| Unfair dismissal, 33 days per year | 4 × 33 = 132 days × €65.75 | €8,679.45 |
| Objective dismissal, 20 days per year | 4 × 20 = 80 days × €65.75 | €5,260.27 |
If your contract is from before February 2012, the calculation changes. It is explained with cases in how to calculate severance for unfair dismissal, and you can test your own figures with the severance calculator.
A temporary contract becomes permanent when it breaks the rules
Article 15.4 says people hired in breach of article 15 acquire permanent status (fijos). In other words, if the temporary cause does not exist or is not specified, the contract becomes permanent without you having to ask the company.
Temporary workers who were not registered with Social Security (alta) once a period equal to the one that could legally have been set as a trial period has passed also become permanent (article 15.4, second paragraph). And under article 15.5, anyone who accumulates more than 18 months in a 24-month period with two or more production-circumstances contracts in the same company or group becomes permanent. All this is developed in when a temporary contract becomes permanent.
The company must give you a written document confirming your new status within ten days (article 15.9). You can ask the public employment service for a certificate of your temporary contracts to prove it.
No written contract works in your favour
A contract can be made in writing or verbally (article 8.1). But some contracts must be in writing, such as part-time contracts, fijo discontinuo, training contracts or temporary contracts lasting more than four weeks. If that form is not respected, article 8.2 presumes the contract was made for an indefinite period and full-time, unless the company proves otherwise.
It is a presumption, not a ruling. If the company shows the contract was temporary or part-time, that is accepted. But the burden of proof is on the company.
Also check whether a probation period was agreed and its maximum duration in Spain; the employer cannot simply assume one applies.
Why your case may be different
These are the most common reasons why what is described here may not fit you:
- Your collective agreement improves on the law. Your convenio may give more compensation, more holidays or its own criteria for converting temporary contracts into permanent ones (article 15.8). Read it before assuming anything.
- Some contracts have their own rules. Senior management, domestic service or public-administration contracts follow other rules.
- Dates matter. A conversion for 18 months in 24 depends on counting the months correctly. It is easier with your vida laboral (work-history report) in front of you.
- Claims have deadlines. If you are dismissed, you have 20 working days to challenge it (article 59.3). If you are still working and think your contract is permanent, there is no rush, but waiting years is not wise either.
What to do if you think your temporary contract is permanent
- Ask for a copy of the contract and keep it. If you have none, request it in writing.
- Download your vida laboral and check your start and end dates.
- Add up the months of each contract within any 24-month period.
- Ask the company in writing to recognise your permanent status.
- If it does not reply, or if you are dismissed, go to a union or an employment lawyer before the 20 working days run out.
This page is general information. If deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.