Overview
fixed-term contracts (FTC) for substituting an employee on sick leave is one of the FTC contractst to
replace an employee is a contractual modality that allows the company to temporarily cover a job in the
event of the absence of the holder. The causes of this absence can be very varied: temporary disability,
maternity or paternity leave, leave of absence, partial retirement, among others. This contract
guarantees the continuity of the job during the absence of the incumbent and ends when the incumbent returns to work. The substitution contract is governed by several requirements that must be met to guarantee its legality and effectiveness. These requirements are:

Justified cause: The company must demonstrate that there is a justified cause for the absence of the regular worker.

Temporality: This type of contract is temporary, which means that it ends with the reincorporation of
the incumbent worker. It cannot be converted into an indefinite contract.

Reinstatement of the regular worker: The company must guarantee the reinstatement of the regular worker once the cause of the absence has ended. The employee hired to cover the absence of the owner has the same rights and obligations as the owner. This includes salary, work hours, vacations, and job benefits. Additionally, this employee is protected against unfair dismissal for the duration of the contract.

The substitution contract: The wording of a substitution contract must specify the details of the regular employee and the substitute employee, the reason for the absence of the regular employee, the expected duration of the contract and the working conditions.

XML Process:

▪ AM- to start onboarding WF after being asked by client to recruit a temporary
replacement for an employee due to one of the reasons mentioned above.
▪ Contract Management Team- draft the contract as mentioned above (The substitution
contract)

Frequently Asked Questions

❖ What happens if the regular employee does not return to work?

SPAIN: Fixed-Term Contract to replace an employee XML (Global) Limited

If the regular employee does not return to work, the replacement contract can become an interim
contract.

❖ Can the company fire the substitute worker before the reinstatement of the incumbent?
The company can dismiss the substitute worker only for justified reasons, such as failure to comply with job obligations.

❖ What rights does the substitute worker have in the event of dismissal?
The substitute worker has the same rights as any other worker in the event of dismissal. This includes
the right to receive compensation for unfair dismissal.

❖ Can the substitute worker claim an indefinite contract?
The substitute worker cannot claim an indefinite contract, since the nature of his contract is
temporary and ends with the reinstatement of the regular worker.

❖ Can the substitute worker refuse the reinstatement of the regular worker?
The substitute worker cannot refuse the reinstatement of the regular worker. The replacement contract ends automatically with the return of the regular worker.