Fixed-term contract to replace an employee (Spain)

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For an employer in Spain that needs to cover an employee entitled to return to the job (sick leave, unpaid leave, birth leave), make up hours another employee has reduced, or fill a post while the permanent holder is chosen. It makes you state the cause, the specific circumstances and, where it applies, the name of the person replaced (art. 15.3 of the Spanish Workers' Statute). It sets the term, trial period, hours and pay; no severance is due at the end. Signed before work starts. In Spanish.

  • Made for use in Spain
  • Last updated October 20, 2026

Published byDocMuse

When to use this document

  • An employee of yours in Spain is going on maternity or paternity leave and you need cover.
  • A member of staff is on long-term sick leave and you want to hire someone until they come back.
  • A colleague has cut their hours and you need someone for the remaining hours.
  • You need someone in a post temporarily while you finish choosing the permanent person.

What you fill in

The details the document asks for.

  • City
  • Date
  • Person signing for the employer
  • DNI or NIE of the person signing for the employer (Spanish identity number)
  • Capacity in which they sign (e.g. sole director, or owner if the employer is an individual)
  • Employer (company name or, for an individual, full name)
  • Employer's NIF (Spanish tax number)
  • Employer's address (registered office, for a company)
  • Company's entry in the Spanish Registro Mercantil (if any)
  • Employee
  • Employee's DNI or NIE (Spanish identity number)
  • Employee's address
  • Full-time or part-time
  • Kind of replacement
  • Employee being replaced: full name (if any)
  • Precise description of the cause, the specific circumstances and how they relate to the term
  • Start date
  • When the replacement ends (e.g. “until the replaced employee returns”)
  • Position
  • Professional group or category under the collective agreement
  • Collective agreement applied: name, code and official bulletin it was published in (or “none”)
  • Duties
  • Place of work
  • Trial period (e.g. “two months” or “no trial period”)
  • Weekly working hours
  • Working hours
  • Salary in words
  • Gross base salary
  • Other components of pay
  • How the two extra payments are paid
  • Method of payment
  • Day of payment
  • Who covers work accidents and occupational illness (the mutua or Spain's INSS)
  • Additional terms

Common questions

When can a replacement contract be used in Spain?
In three cases: to replace an employee who has the right to return to the job (sick leave, unpaid leave, birth leave), to make up the hours of another employee whose working time is reduced for a legal or collective-agreement reason, and to fill a post during the selection or promotion process, for three months at most (art. 15.3 of the Spanish Workers' Statute). The contract names the person replaced and the cause, and may start up to fifteen days before the absence for the handover.
Is severance due at the end of a replacement contract in Spain?
No. Art. 49.1.c of the Spanish Workers' Statute gives twelve days' pay per year of service when a temporary contract ends, but it excludes the replacement contract. The contract ends when its cause ends — the replaced employee returns, the reduced hours end or the post is filled permanently — and the employer pays what is owed, including holidays not taken.
Are there free official model contracts for hiring a replacement in Spain?
The Servicio Público de Empleo Estatal (SEPE) publishes on sepe.es free fixed-term model contracts and a model information sheet on working conditions under Royal Decree 723/2026, and the employer reports the contract to it online, also free. This document is a contract set out in clauses that makes you write down the cause and the person replaced in the detail art. 15 of the Spanish Workers' Statute requires, for those who prefer it; it does not replace that filing.

How you can sign this document

  • Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
  • Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked

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