Have you ever attended an interview and been offered a replacement contract? Are you wondering about the legality of such contracts? Since the labor reform of 2022, temporary contracts have been subject to specific requirements. In this article, we will address the common questions regarding for hiring a replacement .
What is a Replacement Contract?
A replacement contract is a type of employment agreement that arises when there is a need to temporarily fill a worker’s position. This contract can also be used to complement a shorter working day or provide temporary coverage during a selection process.
In Spain, this contract is currently regulated by Royal Decree-Law 32/2021, issued on December 28th, which encompasses urgent measures for labor reform, employment stability, and labor market transformation. Previously, it was referred to as an interim contract (link to “Interim contract: everything you need to know”).
Under What Conditions Can a Replacement Contract be Used?
Following the recent labor reform, the situations in which a replacement contract can be utilized are as follows:
Replacing an employee entitled to job reservation, provided that the name of the individual to be replaced and the reason for the substitution are stated in the contract.
Complementing the reduced working hours of another employee, if this supplementation is permitted by the employee’s collective bargaining agreement. Like the previous case, the contract should specify the name of the person being replaced and the reason for the substitution.
Temporarily covering an employee during the selection process, with the intention of subsequently filling the position on a permanent basis.
What are the Requirements for a Replacement Contract?
Undoubtedly, a replacement contract cannot be entered into lightly. Several strict requirements must be met before implementing a replacement contract:
• The working conditions must be clearly outlined in a written document.
• The contract must explicitly state the name of the person being replaced and the reason for the substitution.
• It is necessary to indicate whether the replacement will be carried out by another worker within the same company or by an external employee.
• The contract should specify the duration of the agreement.
• The duties to be performed by the substitute must be clearly defined in the document.
• Furthermore, the company has a 10-day period after signing the contract to provide a copy to the relevant employment office.
What Should I Know Before Signing a Replacement Contract?
Before signing a replacement contract, it is essential to consider various aspects. Some companies may misuse these contracts to cut costs, which is why we recommend consulting a professional if you have any questions. At GyV Asesores, we specialize in labor contracts and are available to assist you. Don’t hesitate to reach out to us!
For further reading, you may find the following articles useful:
Interim Contract: Everything You Need to Know