Almost every tech job in Spain is offered on a contrato indefinido, a permanent, open-ended employment contract. In Spanish law, a contract is presumed permanent unless a valid reason for a temporary one is written into it. Most contracts start with a periodo de prueba (probation period). If you have a degree, it can last up to six months, unless the collective agreement sets another limit. During probation either side can end the contract without notice or severance. After probation, you give the notice set by your collective agreement to resign, and if the employer dismisses you, you are entitled to severance pay: 20 days’ salary per year of service for an objective dismissal, or 33 days if the dismissal is unfair.
This guide explains the key terms you will see in a Spanish employment contract and what they mean for you.
This guide is general information from the Workers’ Statute and other official sources, not legal advice. Your collective agreement and contract may give you better terms. Check with a labour lawyer (abogado laboralista) or your union for your own case.
The rules that apply to your contract
Three layers of rules shape a Spanish employment contract:
- The Workers’ Statute (Estatuto de los Trabajadores), the main employment law, sets the minimums (BOE).
- Your collective agreement (convenio colectivo), negotiated by sector or company, can improve on those minimums and fills in details such as notice periods, probation length, holidays and salary tables. Many IT consultancies and tech service companies fall under the national consultancy agreement, the XIX Convenio colectivo estatal de empresas de consultoría (2025 to 2027), published in the BOE on 16 April 2025 (BOE-A-2025-7766).
- Your individual contract can improve on both, but it can’t take away rights the law or the agreement gives you.
Ask which collective agreement applies before you sign; it is usually named in the contract.
Contrato indefinido: what it means
Contrato indefinido translates as “open-ended” or “permanent contract”. It has no end date. The Workers’ Statute says an employment contract is presumed to be indefinite, and a fixed-term contract can only be used for two reasons: temporary production needs or to replace an absent employee. The contract must spell out the reason and how it justifies the length (article 15). A fixed-term contract for production needs can last at most six months, or one year if a sector agreement allows it.
With these limits, temporary contracts are the exception. For developers, a fixed-term offer is unusual, and you can ask why the employer isn’t offering an indefinido.
Other types you may see
| Contract | What it is |
|---|---|
| Contrato indefinido ordinario | The standard permanent contract, full-time or part-time |
| Contrato fijo discontinuo | Permanent, but for work that repeats seasonally or intermittently; rare in tech |
| Contrato de duración determinada | Fixed-term, only for production peaks or to cover an absent employee |
| Contrato formativo | Training or first-job contract for recent graduates and students |
If you work as a freelancer instead (autónomo), you have no employment contract at all, and none of the protections in this guide apply. Our autónomo guide explains that route.
Does it need to be in writing?
A contract can legally be verbal, but many types must be in writing, including part-time, fixed-term contracts longer than four weeks and contracts with remote work (article 8). In practice, every employer hiring international tech workers gives a written contract. If your job is hybrid or remote, there must also be a written remote work agreement under Ley 10/2021; see our remote work guide.
Periodo de prueba: the probation period
The probation period must be agreed in writing. Its length is set by the collective agreement. If the agreement says nothing, the Workers’ Statute limits it to (article 14):
| Who | Maximum probation |
|---|---|
| Qualified technicians with a degree (técnicos titulados) | 6 months |
| Other employees | 2 months |
| Other employees in companies with fewer than 25 staff | 3 months |
| Fixed-term contracts of up to 6 months | 1 month |
Collective agreements can change these limits. The national consultancy agreement, for example, sets probation of three to six months depending on your professional group and functional area (XIX consultancy agreement, article 10). Most developer roles with a degree fall in the groups with six months.
Your rights during probation
- You have the same rights and duties as any other employee in your role: full salary, Social Security, holidays accrue, and so on.
- Either side can end the contract at any time during probation, without notice and without severance, unless your agreement or contract says otherwise (article 14.2).
- The employer can’t end it because of pregnancy; such a termination is void.
- A probation clause is void if you already did the same job for the same company before, under any type of contract.
- When probation ends without either side ending the contract, the contract simply continues, and the probation time counts towards your length of service.
- Sick leave and parental leave during probation pause the clock only if both sides have agreed to that.
Tip for people relocating: probation matters most if you need a work permit. If the job ends during probation, your permit may be affected. Ask the employer how they handle it before you move, and read our work visa guide.
Notice period in Spain
When you resign
The Workers’ Statute doesn’t set a fixed notice period for resignation. It says you must give the notice set by your collective agreement or local custom (article 49.1.d). Fifteen days is the most common figure. The consultancy agreement, for example, requires written notice of at least 15 working days; if you don’t give it, the employer can keep the part of your next extra payment that you have earned (article 32). Some contracts for senior roles ask for longer notice. Check your agreement and contract.
You don’t have to give a reason for resigning, and you don’t get severance or unemployment benefit if you resign.
When the employer ends the contract
| Situation | Notice the employer must give |
|---|---|
| During probation | None |
| End of a fixed-term contract longer than one year | 15 days (article 49.1.c) |
| Objective dismissal (economic, technical, organisational reasons and others) | 15 days, in writing, with the severance paid at the same time (article 53) |
| Disciplinary dismissal | None; written letter stating the facts |
During the notice period of an objective dismissal, you are entitled to six hours of paid leave a week to look for a new job (article 53.2).
Severance pay in Spain
How much severance (indemnización) you get depends on how the contract ends:
| How the contract ends | Severance |
|---|---|
| Resignation | None |
| End of probation | None |
| Disciplinary dismissal upheld as fair (procedente) | None |
| End of a fixed-term contract | 12 days’ salary per year of service (article 49.1.c) |
| Objective dismissal (despido objetivo) | 20 days’ salary per year, up to 12 months’ salary (article 53.1.b) |
| Unfair dismissal (despido improcedente) | 33 days’ salary per year, up to 24 months’ salary, unless the employer reinstates you (article 56) |
Periods shorter than a year are counted pro rata by month. In practice, many employers who want to end a contract quickly declare the dismissal unfair themselves and pay 33 days per year.
Example
You earn €50,000 a year, which is about €137 a day (€50,000 ÷ 365), and you are dismissed after three years:
- Objective dismissal: 20 days × 3 years = 60 days, about €8,220
- Unfair dismissal: 33 days × 3 years = 99 days, about €13,560
If you disagree with a dismissal, you have a short deadline to challenge it, so speak to a labour lawyer or union straight away.
Is severance pay taxable in Spain?
Severance up to the amount the Workers’ Statute makes compulsory is exempt from income tax, up to a maximum of €180,000. Anything above the legal minimum, for example extra pay agreed in a settlement or contract, is taxed as income (Income Tax Law, article 7.e).
Unemployment benefit
You can claim unemployment benefit if you lose your job involuntarily, for example through dismissal or the end of a fixed-term contract, and you have contributed long enough (General Social Security Law, article 267). Resigning doesn’t count. An employer ending the contract during probation counts only in some cases, for example if your previous job also ended involuntarily or ended at least three months earlier.
Other contract terms worth checking
- Salary and payments. Employees are entitled to two extra payments a year, but an agreement can spread them over 12 months (article 31). The consultancy agreement uses 14 payments by default, with 12 if you ask and the company agrees (article 28). See our salaries by tech stack guide and the salary after tax calculator.
- Working hours. The legal maximum is 40 hours a week on average over the year (article 34). The consultancy agreement sets a maximum of 1,800 hours a year.
- Holidays. At least 30 calendar days of paid holiday a year, which can’t be swapped for money while you are employed (article 38). The consultancy agreement expresses it as 23 working days (22 in some cases).
- Non-compete and exclusivity clauses. A post-employment non-compete is only valid if the employer has a real business interest and pays you adequate compensation, and it can last at most two years for technicians (article 21).
- Training repayment clauses (pacto de permanencia). If the employer pays for specialised training, you can agree in writing to stay for up to two years; if you leave earlier, the employer can claim damages (article 21.4).
Before you sign: a checklist
- Contract type: indefinido, or a written reason for a fixed term
- Collective agreement named in the contract
- Probation length within the legal or agreement limit
- Gross yearly salary, and 12 or 14 payments
- Working hours, remote work split and the remote work allowance
- Notice period for resignation
- Any non-compete or training repayment clause, and what it pays
Looking for your next contract? Browse jobs in Madrid, Barcelona or those you can apply for from abroad.
Frequently asked questions
What is a contrato indefinido in English?
A contrato indefinido is a permanent or open-ended employment contract, with no end date. Under Spanish law every employment contract is presumed to be indefinido unless it is a valid fixed-term contract for production needs or to replace an absent employee.
How long is the periodo de prueba in Spain?
It is set by your collective agreement. If the agreement doesn’t set it, the maximum is six months for qualified technicians with a degree and two months for other employees (three months in companies with fewer than 25 staff). It must be agreed in writing.
Can I be dismissed during the probation period in Spain?
Yes. During probation, either side can end the contract at any time without notice or severance, unless the agreement or contract says otherwise. The employer can’t end it because of pregnancy.
What is the standard notice period in Spain?
For resignation, the notice period comes from your collective agreement or local custom; 15 days is common. The consultancy agreement requires 15 working days in writing. For an objective dismissal, the employer must give 15 days’ written notice.
How is severance pay calculated in Spain?
Multiply your daily salary by the days due per year of service: 20 days per year (up to 12 months’ pay) for an objective dismissal, or 33 days per year (up to 24 months’ pay) for an unfair dismissal. The end of a fixed-term contract gives 12 days per year. Resignation and fair disciplinary dismissal give none.
Is severance pay in Spain taxable?
Severance up to the compulsory legal amount is exempt from income tax, up to €180,000. Any amount above the legal minimum is taxed as income.
This guide is general information, not legal advice. Employment rules and collective agreements change; check the current texts and get advice for your own case.