Welcome to Omnipresent’s guide on tailoring employment contracts in Spain. Our goal is to simplify the customization process while ensuring legal compliance and operational efficiency. This article will guide you through various options to align your employee contracts with the unique needs of your business.
Customizable elements:
Contract terms
Seniority recognition: You can acknowledge an employee’s previous years of service. However, if the person was previously hired as a contractor, we will not be able to recognise the seniority.
⚠️ Keep in mind that the recognition of seniority will have an impact on the length of notice periods. As service length increases, so does the statutory notice period, potentially impacting termination conditions.
Probation periods: Statutory maximum can vary between 2 and 6 months depending on the role and the Collective Bargaining Agreement applicable to the employee.
Notice period: In accordance with our applicable Collective Bargaining Agreement there is a maximum 15 days' notice period for termination at the initiative of the employer.
Compensation and perks:
Additional allowances: Offer specific monthly allowances (e.g., wellness, internet).
Joining bonus: Provide a sign-on bonus, compliant with Omnipresent’s standards.
Annual leave: Options include statutory entitlement, additional days off on top of the statutory entitlement or unlimited time off.
Equipment provisions: Flexibility to specify the particular equipment they plan to provide in the contract.
Items for separate side agreements:
IP/Confidentiality clauses: Standard clause included; customization requires a separate agreement.
Restrictive covenants: Non-compete and non-solicit clauses can be provided in a separate agreement directly to the employee.
Reimbursement of expenses: They will be in line with your internal policies that can be communicated to the employee separately from the employment contract.
Equity/Stock Options: Agreement on stock options to be made outside the contract.
Variable compensation: Details of bonuses, commissions, or other compensation plans.
Employee Travel: Occasional travel is covered by the employment contract and subject to legal and operational feasibility and approval from Omnipresent. All related details and expenses are to be covered by the client and communicated separately.
Enhanced parental leave policies: Facilitate enhanced maternity, paternity, and parental leave entitlements. Although we can facilitate this, it will not be mentioned in the employment contract.
Non-customizable areas:
Contract Duration: We only offer indefinite term contracts.
Backdating start dates: Not permissible to cover work prior to joining Omnipresent.
Salary in foreign currency: Salaries are provided in EUR as per local regulations.
Overtime payments: Not included as per Omnipresent’s policy.
Payroll frequency: Monthly.
Salaries for hourly employees: Omnipresent currently does not support hourly salary structures.
⚠️ Important note: It's important to mention that while you have multiple options for customizing the content of the contract, any stylistic alterations to the contract’s format or presentation are not allowed. This measure is in place to maintain the standardization and legal integrity of the contract.
Frequently Asked Questions
Can I include night shifts in flexible work arrangements?
No, night shifts are not supported under flexible work arrangements.
Can we provide longer notice period?
In accordance with the Collective Bargaining Agreement we follow in Spain the maximum notice period for termination is 15 days. In addition to that, a longer notice period in the contract, even via mutual agreement, may be unenforceable.
Is the “Remote Work Allowance” mandatory?
Under the remote working regulations in Spain, it is mandatory that the employer provides the employee with all the necessary tools to perform the expected work, and that the company pays the employee any expenses related to the provisions of services in which they may incur. The market standard is EUR 50 per month and that is the minimum that needs to be provided via our services.
Conclusion
Omnipresent is committed to providing flexible, legally compliant employment contract options for your Spanish-based employees. We hope this guide assists you in effectively customizing your contracts to suit your business needs.