What is an interim temporary employment contract?

An interim temporary employment contract is a contract that is entered into when it is necessary to make up for the absence of a permanent worker, which is why it is also known as a substitution contract.

When to use this contract?

This contract can be used for the following situations:

• Temporary replacement of a company worker who has the right to reserve the position, in cases such as leave of absence, sick leave, maternity or paternity leave.

• Coverage of a position during the selection or promotion process for its final occupation.
• Substitution of a working partner, in cases such as risk during pregnancy or maternity leave, adoption or foster care, gender violence, among others.

When not to use this contract?

If what you want is to draw up an indefinite employment contract, at LexDoka we have an indefinite employment contract model.

In the event that you want to enter into a contract to deal with the occasional and unpredictable increase in the company’s activity, at LexDoka we have the eventual temporary work contract model due to production circumstances.

Essential content

• Identification of the parties and the replaced worker
• Cause of replacement
• Questions related to the place and working hours
• Duration, remuneration and vacations
• Notice of voluntary termination

Optional content

• Obligation to stay clause
• Confidentiality clause
• Intellectual and/or industrial property clause
• Non-compete clause
• Work trial period

Necessary information

The interim worker has the same rights and obligations as the substituted worker, except those inherent to seniority and compensation for termination of the contract.

Applicable law

• Royal Legislative Decree 2/2015, of October 23, which approves the revised text of the Workers’ Statute Law.
• Applicable Collective Bargaining Agreements.
• Royal Decree 2720/1998, of December 18, which develops article 15 of the Workers’ Statute regarding fixed-term contracts.

Related concepts

• Permanent employment contract
• Eventual temporary work contract due to production circumstances

How much does it cost to make this contract with LexDoka?

LexDoka has an automated contractual model that allows you to create this contract, negotiate it and sign it, minimizing the time invested in the entire process. This automated model is free within all LexDoka subscription plans. If you want to try it, you can register for free to generate your first contract.