If you are going to sign a Christmas contract in 2026, or if your company is preparing the holiday campaign, now is the time to review it carefully. If you want Fernanda Vargas to assess your case, you can write via WhatsApp or book an appointment on Calendly.

Every year, the Christmas campaign generates thousands of hires in retail, logistics, transport, and hospitality. As a recent reference point, the 2025 campaign was estimated at 452,950 contracts, with hospitality, transport and logistics, and retail carrying particular weight, and with a very high volume also in Madrid. That is precisely why it is important to distinguish clearly when a temporary Christmas contract is permissible and when the company’s need is no longer truly occasional.

In 2026, moreover, October is especially important for two reasons. First, because the law requires companies, in the last quarter of the year, to provide the workers’ legal representatives with an annual forecast of the use of certain temporary contracts. Second, because as of October 5, 2026, a new obligation applies to provide written information on the essential terms and conditions of work. In other words: if the Christmas reinforcement is going to be hired in October, November, or December, the type of contract, the grounds, and the documentation must be reviewed more carefully than ever.

Introduction: why October is the time to review Christmas campaign contracts

The general rule under the Workers’ Statute (Estatuto de los Trabajadores) is clear: the contract is presumed to be permanent. A fixed-term contract may only be entered into due to production-related circumstances or for replacement, and it must identify precisely the grounds that allow it, the specific circumstances that justify it, and the connection between those grounds and the expected duration.

This means that it is not enough to write “Christmas campaign” in generic terms. The company must be able to explain why it needs that reinforcement, whether it is an unforeseeable situation or a foreseeable occasional need of short duration, and how long it will really last. If this is not done properly, the risk is not merely documentary: the contract may be considered fraudulent and the worker may acquire permanent status.

October is therefore the month when it is advisable to plan ahead. For the worker, because they can check whether they are being offered the correct type of contract, the applicable salary, and the mandatory written information. For the company, because it is the time to organize its staffing forecast, inform the workers’ legal representatives if there are any, and avoid chains of contracts or improper use of temporary contracts.

What Contract Is Signed at Christmas: Unforeseeable Production-Related Circumstances (Up to 6 Months) or Foreseeable Ones (Maximum 90 Days a Year)

At Christmas, the type of contract that usually comes into play is the contract due to production-related circumstances under article 15.2 of the Workers’ Statute. But that type has two different routes, and choosing the wrong one can create problems.

1. Occasional and unforeseeable increase or fluctuations in activity

This first variant is used for an occasional and unforeseeable increase in activity and for certain fluctuations, including those resulting from vacations, provided that these are not needs that fall within the cases covered by the discontinuous permanent contract (fijo discontinuo).

Its maximum duration is 6 months, unless the sectoral collective bargaining agreement (convenio colectivo) allows it to be extended to 1 year. In addition, only one extension is permitted. In a Christmas campaign, this route may make sense when the company faces a genuine one-off increase that is not part of a structural or cyclical need in its organization.

2. Occasional, foreseeable situations of reduced and defined duration

The second variant of article 15.2 is intended for occasional, foreseeable situations of reduced and defined duration. Here the general limit is 90 days in the calendar year, regardless of the number of people hired each day. In the agricultural and agri-food sector, the limit is 120 days.

There are two very important nuances. First, those days cannot be used continuously. Second, the specific situation must be identified in the contract. For a planned and brief Christmas campaign, this second route may be appropriate if it truly fits as a foreseeable occasional need of short duration.

In practice, the right question is not “do I need people at Christmas?”, but “what type of need do I have and how long does it last?”. The type of contract is chosen from there. If the need is not occasional or is repeated in a structural way, the analysis should no longer stop at article 15.2.

Temporary Contract or Discontinuous Permanent Contract? When a Campaign Repeated Every Year Requires a Discontinuous Permanent Contract

Article 15.2 itself sets an essential limit: the contract due to production-related circumstances cannot be used when the need falls under the cases in article 16.1 of the Workers’ Statute, that is, when the correct answer is no longer a temporary contract but a discontinuous permanent contract.

This matters a great deal at Christmas. Some companies reinforce their activity every year on the same dates and with an organization already known in advance. If that reinforcement stops being something truly occasional and becomes part of the normal and repeated operation of the business, supporting it with temporary contracts can be very risky.

Put another way: not every Christmas campaign automatically allows for a temporary contract. If the company turns every year to the same labor reinforcement because it forms part of its ordinary cycle, it must seriously analyze whether the correct fit is the discontinuous permanent contract. Failing to do so can end in recognition of permanent status, individual claims, and administrative penalties.

For the worker, this distinction is key. A temporary contract cannot be used to cover a stable need disguised as a one-off peak. And for the company, the idea that “because it’s Christmas, anything goes” is precisely what usually creates the most conflict.

What Must Be in Writing: Specific Grounds, Duration, and the New Mandatory Information Under RD 723/2026

In 2026, the wording of the contract becomes even more important. The law requires that the temporary contract specify precisely the enabling grounds, the specific circumstances that justify it, and their connection with the expected duration. A vague formula is not enough.

In a properly drafted Christmas contract, it must be possible to understand what specific need justifies the temporary hiring, why that need fits one of the categories in article 15.2, and what duration is linked to that ground. If it concerns the short-duration foreseeable-needs category, the situation must also be expressly identified in the contract itself.

Added to this is Royal Decree 723/2026, in force since October 5, 2026. From that date, the company must provide written information on the essential elements of the employment relationship. In campaign contracts signed from then onward, that written information must include, among other essential elements, the salary broken down into components, working time, overtime, the duration and conditions of the probationary period, and the applicable collective bargaining agreement.

For the worker, this change is very useful because it makes it easier to check from the outset how much they will be paid, how working time is distributed, and which rules of the collective bargaining agreement apply. For the company, documenting it properly helps prevent later claims and shows that the hiring was done transparently.

If you receive a contract with generic grounds, without a specific explanation, or without the essential written information, it is advisable to review it before signing or, if it has already been signed, as soon as possible.

Pay and Rights: Collective Bargaining Agreement, 2026 Minimum Wage, Extra Payments, Unused Vacation, Probationary Period, and Equal Treatment

The salary for a Christmas contract is not set freely by the company. The applicable collective bargaining agreement must be applied and, in any event, the floor of the 2026 national minimum wage must be respected.

In 2026, the minimum wage is 40.70 euros per day, 1,221 euros per month in 14 payments, and 17,094 euros per year. That minimum operates as a base: if the collective bargaining agreement provides for higher amounts, those in the agreement must be applied.

In addition to the base salary and any supplements applicable under the collective bargaining agreement, two items that are very common at the end of the campaign must be carefully reviewed: the proportional part of the extra payments and accrued but unused vacation. If they have not been paid on a prorated basis during the term of the contract, they must be settled in the final settlement (finiquito) in the corresponding amount.

As for the probationary period, from October 5, 2026, the company must inform the worker in writing of its duration and conditions where one exists. This is not a minor detail: in very short campaigns, that information can have a significant practical impact, and for that reason it should be checked from day one.

Temporary workers also have the same rights as permanent workers, except for the particularities expressly linked to the temporary nature of the contract. The law requires equal rights, with application of the principle of proportionality where appropriate according to the time worked. There is also a duty on the employer to provide information about available vacancies.

This means that a campaign contract does not authorize paying less than what is due or reducing rights merely because it is temporary. If the collective bargaining agreement provides for bonuses, rest periods, supplements, or certain working-time rules, that agreement and the applicable proportionality must be followed.

End of the Contract: Notice, Final Settlement, and Severance of 12 Days per Year Worked

When a Christmas contract ends, the first thing is to check that it is really ending for the agreed grounds and within the agreed duration. If the temporary grounds were not properly established from the outset, or if in practice a different need has been covered, the termination may be open to challenge.

In addition to reviewing how the end of the relationship is communicated, it is advisable to check the final settlement in detail. This is normally where outstanding amounts are settled: salary for the last days worked, the proportional part of extra payments if they were not prorated, and accrued but unused vacation.

Together with the final settlement, article 49.1.c of the Workers’ Statute recognizes, at the end of the temporary contract, severance equivalent to the proportional part of 12 days’ salary per year of service. The legal exception affects training contracts and replacement contracts, but not the contract due to production-related circumstances used at Christmas.

In short campaigns, severance will be proportional to the time actually worked. Although the individual amount may seem modest, it must be paid correctly and clearly reflected in the final settlement.

If you are presented with a final settlement to sign and you are not sure whether it includes everything due, the prudent thing is to review it first. A frequent mistake in intense campaigns is to forget the proportional part of extra payments, vacation, or the severance itself at the end of the contract.

Employer Obligations: Annual Forecast to Workers’ Legal Representatives, Additional Social Security Contribution of €33.62, and Contracts Through Temporary Work Agencies

The company must not only choose the correct type of contract. It must also comply with several specific obligations that often go unnoticed during the Christmas campaign until an inspection or a claim arises.

Companies, in the last quarter of each year, must provide the workers’ legal representatives with an annual forecast of the use of these contracts

This obligation fits squarely within the October-to-December calendar. Regardless of which of the two categories in article 15.2 is used (occasional and unforeseeable increase or short-duration foreseeable situations), the company must provide the workers’ legal representatives in the last quarter of the year with an annual forecast of the use of these contracts.

In addition, in 2026 there is an additional Social Security contribution of 33.62 euros payable by the company when a fixed-term contract of less than 30 days ends. It does not apply, however, to replacement contracts, training contracts, the Special Agricultural System, household employees, coal mining, or artists.

This additional cost makes it necessary to plan very short campaign hires more carefully. It does not prevent them from being made when they are lawful, but it does make the economic impact of chaining together contracts of only a few days more visible.

If the campaign is arranged through a temporary work agency (ETT), it should not be assumed that this erases the limits of article 15. In fact, for the calculation that can lead to permanent status, the law also takes into account contracts due to production-related circumstances formalized through temporary work agencies.

When the Contract Becomes Permanent and What Fines the Labor Inspectorate May Impose

One of the most important points in the Christmas campaign is that failure to comply with the rules on temporary hiring does not remain a mere formal irregularity. The law provides for several situations in which the worker acquires permanent status.

• Those hired in breach of article 15 of the Workers’ Statute acquire permanent status.
• Temporary workers also acquire that status if they have not been registered with Social Security (Seguridad Social) once a period equal to the legally established probationary period has elapsed.
• The person who, within a period of 24 months, has been employed for more than 18 months under two or more contracts due to production-related circumstances acquires permanent status, even if those contracts were formalized through temporary work agencies.
• The same rule applies with respect to the job position that has been occupied for more than 18 months within a period of 24 months by means of contracts due to production-related circumstances.

Added to this is the risk of penalties. The use of temporary contracts in fraud of law or outside their permitted cases and limits constitutes a serious labor-law infringement. And the infringement is counted per affected person, which can multiply the financial impact of a poor Christmas hiring policy.

The fines established for these serious infringements range from 1,000 to 2,000 euros at the minimum level, from 2,001 to 5,000 euros at the medium level, and from 5,001 to 10,000 euros at the maximum level.

For the worker, these rules are a defensive tool. For the company, they are a clear warning: using temporary Christmas contracts as an automatic formula, without specific grounds or to cover structural needs, may end up being much more expensive than doing the hiring properly from the outset.

Foreign Workers and Students: Work Authorization, 30-Hour Weekly Limit, and Effects on Renewals

The Christmas campaign also raises many questions among foreign nationals. The first important point is that the type of contract does not change because someone is a foreign national: if the company uses a temporary contract, there must also here be valid grounds, a correct duration, and complete written documentation.

If the person has a valid work authorization, the Christmas contract must comply with exactly the same labor rules as any other campaign contract: applicable collective bargaining agreement, minimum wage, equal treatment, Social Security contributions, and, at the end, the final settlement and any severance that may apply.

In the case of people staying in Spain for studies, there is a particularly relevant limit: working time must not exceed 30 hours per week. In intense campaigns, with extended shifts or last-minute changes, this point must be monitored very closely.

Exceeding that limit or accepting an irregular arrangement can create not only labor problems, but also problems for future renewals. If you are a student and are offered a Christmas contract with unclear working hours, it is advisable to review it before starting.

If you have doubts about your authorization, about whether your immigration status is compatible with the work offered, or about the impact the contract may have on a future renewal, it is advisable to seek advice on your case individually.

Practical Checklist for Workers and Companies

Checklist for workers

• Check what type of contract you are being offered and whether the grounds are explained specifically.
• Verify the start date, the duration, and, where applicable, the extension. Under the unforeseeable-needs category, only one extension is allowed.
• If the contract is based on a foreseeable situation, check that situation is identified in the contract.
• Ask for the written information on the essential terms: salary broken down into components, working time, overtime, probationary period, and applicable collective bargaining agreement.
• Check which collective bargaining agreement applies and whether the salary complies at least with the 2026 minimum wage.
• Keep pay slips, schedules, shift messages, and any document relating to actual working time.
• At the end, review the final settlement: outstanding salary, extra payments, unused vacation, and severance of 12 days per year.
• If you are a foreign student, make sure the 30-hour weekly limit is not exceeded.

Checklist for companies

• Do not use “Christmas campaign” as generic grounds. Describe the specific circumstance and its connection with the duration.
• Distinguish between an occasional and unforeseeable increase and a short-duration foreseeable occasional need.
• Assess whether the need truly fits temporary hiring or whether, because it repeats cyclically, it requires analysis of the discontinuous permanent contract.
• Respect the duration limits: up to 6 months as a general rule under the unforeseeable category, unless there is a sectoral extension up to 1 year; maximum 90 days per year under the foreseeable category, not continuous.
• From October 5, 2026, provide in writing the essential information required by RD 723/2026.
• Provide the workers’ legal representatives in the last quarter of the year with an annual forecast of the use of these contracts due to production-related circumstances.
• Calculate the impact of the additional 33.62-euro Social Security contribution on fixed-term contracts of less than 30 days, except for legal exceptions.
• Monitor chains of contracts and the 18 months in 24 calculation, including when temporary work agencies are involved.
• Review Social Security registrations and final settlements to avoid conversions into permanent contracts and penalties.

Frequently Asked Questions

Is it always possible to use a temporary contract for Christmas?

No. It is only possible if there is a valid ground for temporary hiring and the need fits within article 15.2 of the Workers’ Statute. If the need actually responds to a cyclical or structural activity that falls under the cases in article 16.1, the discontinuous permanent contract must be analyzed.

How long can a Christmas contract last?

It depends on the type. If it concerns an occasional and unforeseeable increase or fluctuations in activity, the general maximum duration is 6 months, extendable by sectoral collective bargaining agreement to 1 year, with only one extension. If the category of occasional, foreseeable situations of reduced and defined duration is used, the general limit is 90 days in the calendar year, and those days cannot be used continuously.

How much do they have to pay me during the Christmas campaign?

Whatever the applicable collective bargaining agreement provides, without being able to go below the 2026 minimum wage: 40.70 euros per day, 1,221 euros per month in 14 payments, or 17,094 euros per year. In addition, the proportional part of extra payments and vacation must be checked if they were not taken or paid during the contract.

Am I entitled to severance when it ends?

Yes, in temporary contracts due to production-related circumstances, severance of 12 days’ salary per year of service is payable in proportion to the time worked. The legal exception excluding this severance affects training contracts and replacement contracts.

What happens if the company gives me several short contracts or hires me through a temporary work agency?

The chain of contracts must be reviewed. If within 24 months you have spent more than 18 months under two or more contracts due to production-related circumstances, including those formalized through temporary work agencies, you may acquire permanent status. And if the use of the temporary contract is unlawful, there may also be penalties for the company.

Can I work at Christmas if I am staying in Spain for studies?

Yes, but the 30-hour weekly limit must be respected. It is especially important to monitor this in intense campaigns, because exceeding that limit can also create problems for future renewals.

Conclusion

The Christmas contract in Spain in 2026 is not an autonomous labor category, but rather campaign hiring that must fit properly within the general rules on temporary hiring. The key lies in three questions: what the real grounds are, how long the need truly lasts, and whether we are dealing with an occasional situation or with a need that repeats every year and requires consideration of the discontinuous permanent contract.

From there, everything else matters: detailed grounds in writing, the new mandatory information from October 5, 2026, salary according to the collective bargaining agreement with the minimum-wage floor, equal treatment, severance at the end, and strict control of legal limits to avoid conversion into a permanent contract and fines.

If you are a worker and want to review your contract, your final settlement, or your situation as a student or foreign national, or if you are a company and need to organize Christmas hiring with legal certainty, you can contact Fernanda Vargas via WhatsApp or book an appointment on Calendly.