Fixed-term contracts after the 2022 Spanish labour reform: what changed and what stayed
Analysis of fixed-term contracts after the RDL 32/2021 labour reform: presumption of permanent employment, new production circumstances contract, replacement contract, chain employment and penalties.
# Fixed-Term Contracts After Spain's 2022 Labour Reform
What RDL 32/2021 changed
In force from 30 March 2022, the reform eliminated the project-based contract (obra/servicio) and restricted the remaining fixed-term types:
Production circumstances contract (Art. 15.2 ET)
- Unforeseeable fluctuations: max 6 months (up to 12 by sector collective agreement)
- Foreseeable/seasonal: max 90 non-consecutive days/year, non-renewable. Only for clearly seasonal peaks with defined dates.
Replacement contract (Art. 15.3 ET)
- Replace employee on protected leave: for duration of absence
- Cover vacancy during selection: max 3 months, non-renewable
Chain employment rule (Art. 15.4 ET)
Permanent employment arises if employed by the same company for more than 24 months within any 30-month period through two or more fixed-term contracts (including via staffing agencies). Gaps of ≤3 months do not break the chain.
Penalties (LISOS)
Fraudulent fixed-term use: €1,000–€10,000 per worker (grave). Chain fraud: €7,501–€225,018 per worker (very grave).
Supreme Court position
The TS requires employers to document the specific cause for each fixed-term contract. Generic formulas ("temporary production increase") without concrete justification are treated as fraud, triggering automatic conversion to permanent employment.
Try Lexiel free · 28 days
Use code LEX-BLOG for double the standard trial period. Cancel anytime, no commitment.