Generally, Spanish Labour Legislation allows for freedom of form when making a contract. Employment contracts can be verbal or in writing. However, during the term of a verbal contract, either of the parties may require that the verbal contract be reduced to writing. As an exception to the freedom of form, certain employment contracts must be in writing, including, but not limited to, temporary employment contracts, contracts involving special labour relations (such as those concerning lawyers, top managers or commercial representatives) and part-time contracts.
Notwithstanding the general freedom of form principle, when an employment contract’s duration period is greater than four weeks, the employer, within two months from the commencement of the employment relationship, must provide the employee with the following information in writing:
- identification of the parties to the employment;
- date of commencement and estimation of the employment duration for temporary contracts;
- place where services are going to be rendered;
- professional group or category;
- base salary as well as other compensation or benefits, if any;
- total working hours;
- total number of holidays;
- notice periods;
- applicable collective agreement.