Specialized Labor Contract Lawyers: Protect Your Company from Day One
Every employment contract is a strategic tool for a clear relationship between company and workers. We draft contracts tailored to the law and to your business —permanent, temporary, project-based or senior-management— so that each employment relationship is formalised precisely and legally.
Each employment contract is a strategic tool to ensure a clear and well-defined relationship between the company and employees, avoiding misunderstandings and protecting the interests of both parties from the outset. At Nextica Law & Tax, we understand that a poorly managed contract can lead to costly conflicts and legal penalties. That’s why our lawyers advise you in the creation of employment contracts tailored to the current regulations and adapted to the specific needs of your business, including executive contracts that ensure the protection and control of key relationships within your company.
LABOR REFORM 2021 — WHAT CHANGED AND WHAT MANY COMPANIES STILL DO NOT APPLY
The labor reform of 2021 (RDL 32/2021) eliminated work and service contracts and temporary contracts due to production circumstances as they existed, redesigned the fixed-discontinuous contract, and imposed new formal obligations. Three years later, many companies are still using contract models that are no longer valid:
Contract for work and services
it disappeared on December 31, 2021. Using it today may automatically convert it into a permanent contract by the ITSS or by social courts.
Fixed-term contract due to production circumstances
it now has a limit of 6 months within a 12-month period, reduced to 3 months by agreement. Exceeding this limit without justifying the reason turns the contract into an indefinite one.
Alternating training contract
the minimum duration changed from 1 year to 3 months, and the maximum to 2 years. The limits for working hours and remuneration have changed. A training contract with conditions from the previous regime may be declared fraudulent.
CURRENT CONTRACTUAL MODALITIES IN 2026
| Mode | When to use | Key requirements and risks |
|---|---|---|
| Ordinary indefinite | The standard modality since the 2021 reform. Preferable in case of doubt. | It can be full-time or part-time. For part-time work, specific hour recording and limitation of supplementary hours. |
| Fixed-discontinuous | Seasonal or cyclical activity, or work that is not provided continuously but is predictable. | Replaces the work and service contract for non-permanent but recurring activities. Incorrect design → can become ordinary indefinite. |
| Temporary replacement (art. 15.1.c ET) | Replace an employee with the right to job reservation (sick leave, maternity, leave of absence) or cover vacancy during the selection process. | The replaced worker or the reason for the vacancy must be identified. 3-month limit for vacancy coverage. |
| Alternating training (art. 11.2 ET) | Unqualified people for the position, under 30 years old. Bonuses in social security contributions. | Duration: 3 months to 2 years. Maximum workload: 65% in the first year, 85% in the second. Minimum compensation of 60%/75% of the minimum wage or the agreement. |
| Senior Management Contract (RD 1382/1985) | Senior management personnel who exercises powers inherent to the ownership of the company with full autonomy. | It is governed by RD 1382/1985 and not by the ET. Compensation in case of withdrawal: minimum 7 days/year unless otherwise agreed. No mandatory maximum legal probation period. |
Ordinary indefinite
Fixed-discontinuous
Temporary replacement (art. 15.1.c ET)
Alternating training (art. 11.2 ET)
Senior Management Contract (RD 1382/1985)
What's worth knowing
Clear contracts that prevent conflict and claims
Aligned with the law and with your company's reality
Your first line of defence from the start of the relationship
What's included
Customized Employment Contract Drafting
Our specialized lawyers create contracts tailored to the characteristics of your company and the legal regulations, ensuring that each employment relationship is properly structured and in accordance with the law.
Compliance with Current Labor Regulations
We ensure that all your contracts comply with current labor regulations, protecting your company and employees from potential risks or legal penalties.
Advice on Senior Management Contracts
We manage and draft senior management contracts, ensuring that key labor relationships in your company are well-defined and protected, complying with all the specific regulations that this type of agreement requires.
Comprehensive Labor Law Advisory
We accompany you in all stages of the employment relationship, from hiring to conflict resolution, so you always have the necessary support on legal matters.
Contracts Tailored to Your Needs
We know that every company is unique, which is why we customize each contract to reflect the reality of your business, providing security and clarity in every labor relationship.
WHY HIRE LAWYERS FOR YOUR EMPLOYMENT CONTRACTS
Contracts tailored to the specific collective agreement of your company, not generic templates.
All legally validated protection clauses so that they are enforceable.
Permanent update to the regulations
the labor reform of 2021 changed many things and the regulations continue to evolve.
En detalle
Probation period (art. 14 ET)
Maximum duration: 6 months for qualified technicians, 2 months for the rest. The collective agreement may reduce these periods. For companies with fewer than 25 workers, the ET allows up to 3 months for unqualified workers. During the trial period, either party may terminate the contract without notice and without compensation, but the trial period must be agreed in writing before the start of the employment relationship.
Post-contractual non-compete clause (art. 21.1 ET)
To be valid, it requires three simultaneous elements: (1) effective industrial or commercial interest of the company, (2) adequate economic compensation expressly agreed upon, and (3) a maximum duration of 2 years for technicians and 6 months for others. Without economic compensation, the clause is null even if the worker has signed it. The compensation must be specific to non-competition; it cannot be confused with ordinary salary.
Agreement of permanence (art. 21.4 ET)
If the company invests in the specialization of the worker through professional training for the job position, it can agree that the worker stays with the company for a determined period (maximum 2 years). If the worker breaches the agreement, they must compensate the company for the damages and losses incurred.
Confidentiality Clause
Protect the sensitive information of the company during and after the employment relationship. Unlike non-compete agreements, it does not require specific compensation. It should clearly define what information is considered confidential and for how long the obligation extends.
WHY HIRE LAWYERS FOR YOUR EMPLOYMENT CONTRACTS
A well-drafted employment contract, especially for high-level positions, is your first line of defense against potential conflicts or claims. By having clear agreements that comply with the law from the outset, you prevent misunderstandings and ensure that both parties understand and respect their rights and obligations.
Frequently asked questions
What is the difference between a fixed-discontinuous contract and a standard indefinite contract?
Both are indefinite contracts, but the fixed-discontinuous one is used when the activity is not continuous throughout the year: the worker is called each time the company needs their service and has the right to be called under the same conditions in each season. The main difference lies in the working hours and the contribution: during periods of inactivity, the fixed-discontinuous worker can access unemployment benefits.
Can the senior management contract include indemnity clauses?
Yes, and it is precisely one of its advantages. In the senior management contract (RD 1382/1985), the compensation in case of company withdrawal is negotiable: the legal minimum is 7 days of salary per year worked (maximum of 6 monthly payments), but the parties can agree on a higher compensation. It is common to agree on severance packages of 1 to 2 years of fixed salary plus bonuses. Change of control clauses may also be included, which activate the compensation if the company changes ownership.
Can the company unilaterally change the terms of the contract?
No. Substantial modifications of working conditions require a specific procedure (art. 41 ET): notification 15 days in advance and the employee's right to terminate the contract with compensation of 20 days per year (max. 9 monthly payments) or to challenge the modification in the social court. Non-substantial modifications (within the employer's power of direction) do not require this procedure.
Is a digitally signed employment contract valid?
Yes. Employment contracts can be signed electronically using a recognized or qualified digital signature. The SEPE accepts the communication of contracts signed electronically. The important thing is that there is a record of the signature of both parties and the date.
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