The Abuse of Fixed-Term Employment Contracts: A Permanent Feature of the Spanish Labour Market

Abstract

Labour legislation in Spain does not favour the conclusion of open-ended employment contracts over fixed-term ones. Art. 15 of the Worker’s Statute (hereafter WS) establishes that a contract of employment may be of either a definite or an indefinite duration. Prior to the 1994 labour law reform, Art. 15 of the WS established a presumption in favour of open-ended employment contracts. Accordingly, Spanish labour law sought to popularise the conclusion of open-ended employment contracts, with fixed-term contracts regarded as an exception.