The keys to part-time job in Spain
The renewal of contract types in Spain carried out by the Government last term of office brought about a significant change in part-time job. In this post we are going to analyse all the keys to part-time job and its real application in the business environment.
What is part-time job
Part-time job refers to an employment agreement in which an employee works fewer hours than the number of hours established for a full-time job, in accordance with Spanish labour legislation. In this type of contract, a working day that is proportionally shorter than that of a full-time employee is determined, allowing workers to have more flexibility in their schedules and personal commitments. Part-time employees enjoy the same rights and benefits as full-time workers, but in proportion to the hours worked
General conditions about part-time jobs in Spain
Part-time jobs in Spain are a type of employment contract concluded between an employer and an employee for a predetermined duration, limited in time. These contracts are used to meet specific employment needs that do not require a long-term employment relationship. The following are some of the general conditions associated with part-time jobs:
- Duration: Part-time jobs have a start date and an end date clearly specified in the contract. The duration may vary according to the needs of the employer and the nature of the work, but are generally of short to medium duration.
- The contract must clearly state the hours during which the worker will work, from what time to what time, i.e. the worker’s working hours.
- Justified causes: Spanish labour law establishes a number of justified causes for the conclusion of part-time jobs. These causes may include seasonal needs, replacement of employees on leave or sick leave, specific projects or one-off events.
- Employment rights: Employees on part-time jobs have the same employment rights as employees on permanent contracts in terms of salary, working hours, weekly rest, job security and holidays.
- Probationary period, the contract must have a probationary period as established in the agreement.
- Renewal: In some cases it is possible to renew a part-time job if the same circumstances that initially justified it are maintained. However, legislation sets limits on the number of renewals that can be made, and in some cases, the repetition of part-time jobs may result in automatic conversion to an indefinite contract.
- Termination: Once the end date specified in the part-time job comes to an end, the contract is automatically terminated without the need for notice from either party.
- Dismissal: If an employer decides to terminate a part-time job before its end date, it is obliged to follow the corresponding dismissal process and to compensate the employee in accordance with the law. Failure to comply with these obligations may give rise to legal claims by the employee.
- Social benefits: Employees on part-time jobs are also entitled to certain social benefits, such as social security membership, which covers aspects such as medical care and unemployment benefits, provided that they meet the requirements set by law.
Conversion to permanent contract: If an employee has had several part-time jobs with the same company and it is proven that there is a disguised permanent employment relationship, the part-time job can be automatically converted to a permanent contract with all the associated rights.
It is important that both employers and employees are familiar with the general conditions of part-time jobs in Spain and comply with current labour regulations. Failure to comply with these regulations can lead to sanctions and labour disputes affecting both parties. Therefore, it is advisable to seek legal advice or consult with human resources experts to ensure proper compliance with contractual conditions.
Under what conditions temporary employment is advisable
Seasonal needs: Companies that experience seasonal fluctuations in their demand for products or services may resort to temporary hiring to cover peak workloads. This allows them to adjust their workforce as needed and avoid unnecessary costs during off-peak periods.
Specific projects: When a company undertakes projects with a defined start and end date, such as the construction of a building site or the development of software, temporary recruitment is an efficient option. Temporary employees can be hired to work exclusively on that project and then released once it is completed.
Substitutions and leave of absence: In situations where a permanent employee needs to take a leave of absence due to illness, maternity or any other reason, temporary hiring allows the company to cover that absence without making a long-term commitment. It is also useful to cover holidays or days off for permanent employees.
At Asesoría Orihuela Costa we offer you the best recruitment consultancy team. Our experts not only advise you, but also offer you the possibility to manage the administrative issues related to the hiring itself.