Download the Extension of the Employment Contract Notification official model in pdf format from the Ministry of Labor, Migration and Social Security.
The extension of an employment contract consists of the continuation of the same from the expiration of the initially agreed term. Additional to the same conditions initially agreed.
In addition to the specific limitations for each type of contract, a general limit is also established to avoid the chaining of temporary contracts:
Extension of work and service contracts
- Once the work or service has been performed, if there is no express denunciation and the employee continues to render services, the contract shall be considered tacitly extended for an indefinite period of time, unless there is evidence to the contrary that proves the temporary nature of the services rendered.
- In the event that a duration or term is established, this should be considered as a guideline. However, this type of contract may not exceed a term of three years, which may be extended for an additional twelve months by a statewide collective bargaining agreement or, failing that, by a lower-level industry agreement.
Temporary contract due to production circumstances
- The contract may have a maximum duration of six months, within a period of twelve, counted from the moment in which the aforementioned causes occur. Its duration must be specified as from its conclusion.
- In the event that the contract has been entered into for less than the maximum duration established, it may be extended once only by agreement of the parties, without the total duration of the contract exceeding said maximum duration.
- At the end of the maximum term, without denunciation by either party, the contract will be extended for an indefinite term (unless the temporary nature of the contract is proven). Likewise, it’ll be transformed into an indefinite-term contract when, due to lack of registration with the Social Security, a period equal to or greater than the trial period has elapsed, if it’s given in fraud of the Law mentioned in the preceding paragraph (paragraph 1.c, art. 49 ET).
Extension of interim employment contract
Contracts entered into for a term of less than the maximum term established by law or by agreement shall be understood to be tacitly extended, up to the maximum term, when there isn’t express denunciation or extension prior to their expiration and the employee continues to render services.
This type of contract has its own characteristics:
- Substitution of the worker with right to reserve position: the duration of the contract shall be the duration of the absence of the substituted worker.
- Covering of a job position until its definitive concession: If it is in a private company, “the duration of the selection or promotion process for the definitive coverage of the position cannot exceed three months“; if it’s in public administrations, “the duration of the contracts will coincide with the duration of such processes in accordance with the provisions of their specific regulations“.
Training and apprenticeship contracts
The minimum term of the contract shall be one year and the maximum term shall be three years. However, collective bargaining agreements may establish different contract durations. The above, depending on the organizational or productive needs of the companies. However, the minimum duration may not be less than six months and the maximum duration may not exceed three years.
Extension of internship employment contract
This type of contract may not be for less than six months or exceed two years; within these limits, the duration of the contract may be determined by industry-wide collective bargaining agreements. If the contract is for a period of less than two years, up to two extensions may be agreed, with a minimum duration of six months.
For further information, please consult the following contents:
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