Employment contracts in industry: metalworking agreement, shifts and time records
Nextica Law & Tax places the workforce of industrial companies under the collective agreement that actually applies to them —the metalworking or chemical industry agreement of their province—, reviews job classification and shift and night-work supplements, sets up the working-time record required by art. 34.9 of the Workers' Statute, and controls the risk of contractors and temp agencies on the shop floor.
In a factory, the wrong collective agreement does not show up in this month's payroll: it shows up when the Labour Inspectorate looks four years back.
What's included
1. Determining the collective agreement that actually applies to the plant according to its main activity, and checking whether a company-level agreement displaces the sectoral one.
2. Job classification and grading for production, maintenance and quality roles within the relevant groups of the metal or chemicals agreement.
3. Designing the shift calendar and the shift-work system, with the night and arduous-work allowances the agreement recognises.
4. Contracts for production staff and for those brought in at peak load, with the cause evidenced where fixed-term.
5. A working-time recording system compatible with rotating shifts and handovers, which is where the standard office record fails.
6. Day-one documentation
workplace risk information, training and protective equipment, signed.
7. Periodic review of classification when the line changes or a process is automated, because the job changes and the grading does not move by itself.
THE WRONG AGREEMENT DOES NOT SHOW IN THIS MONTH'S PAYROLL
It shows when someone reviews four years back, and by then it affects the whole production workforce at once.
Applying an agreement that does not match the plant's main activity
the difference in scales, allowances and working time accumulates per person and per open year, and is regularised for everyone, not just for whoever claimed.
provincial metal and chemical industry agreements (e.g., those of Barcelona)A working-time record that does not fit shift work
it must be daily, with each person's specific start and finish times, and in a plant with rotating handovers a system designed for an office does not reflect that.
art. 34.9 Workers' StatuteClassification frozen after automation
when the line changes and the role becomes supervisory or monitoring, continuing to grade by the old task generates grade claims that replicate shift by shift.
applicable sectoral agreementCURRENT 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)
Frequently asked questions
How do I know which collective agreement applies to my factory?
The company does not decide: the actual activity carried out and its territorial scope do. Each province has its own agreements —in Barcelona, for example, the metalworking and the chemical industry agreements coexist—, and a single plant may have sections that fall under different scopes. We review the activity, the business activity code, what the roles actually do and what the current contracts say before saying which one applies.
What does the Labour Inspectorate look at in a shift-working plant?
Mainly three things: that the daily working-time record exists and reflects real hours (art. 34.9 of the Workers' Statute), that overtime and night-work supplements are paid and reported to social security, and that each worker's job classification matches the duties actually performed. All three are checked against documents, so they are prepared beforehand, not during the visit.
Cases we have worked on
- industria
Reestructuración de un grupo familiar sin conflicto
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