19 of March, 2025

Are you considering hiring temporary staff for your business, but don’t know where to start? Don’t worry, in this article we’ll explain everything you need to know about substitution contracts, a flexible option to cover short-term staffing needs.

As a business owner, you’ve probably had to handle absences that required urgent staff recruitment at some point. Well, substitution contracts are the perfect solution for those cases. Keep reading for more details.

Substitution contract in 2025

The substitution contract is a fixed-term contract that replaces the interim contract. If you want to know more about this type of contract, keep reading.

What is a substitution contract?

A substitution contract is a fixed-term contract that replaces a worker with a right to reserve a job. The substituted worker can be absent for various reasons, such as:

- Temporary disability.

- Maternity or paternity leave.

- Adoption.

- Risk during pregnancy or breastfeeding.

- Fostering.

- Undergoing professional training.

- Among other reasons.

Generally, it should be made as a full-time contract. There would only be two exceptions:

1. When the job position to be replaced is on part-time.

1. When the contract complements the reduced working hours of other workers.

How long can a substitution contract last?

When drafting a substitution contract, there is no set end date.

That is, the estimated contract end is determined by the return of the worker being replaced. This will depend on the cause of the worker’s absence and the associated reservation period they have. However, this period can expire and terminate the contract.

Specifically, for contracts to cover positions during a selection process, the maximum duration of the contract will be three months.

When is the substitution contract used?

If you want to maintain the work productivity of your company while any of your employees is absent, the substitution contract is the perfect solution.

This type of contract allows you to hire someone to temporarily fill the position of an employee with a right to reserve a job. And you can use it in these three cases.

1. Substitution of workers with job position reservation rights

When a worker has a right to reserve their job position, as in the case of temporary disabilities, you can use a substitution contract to cover their absence. This way, you ensure that their position remains operational and productive.

2. Completing reduced working hours

If you have employees with reduced working hours for legally recognized reasons, you can hire other workers through substitution contracts to fill the free hours.

For example, if you have an employee who works 30 hours a week, you can hire another for the remaining 10 hours.

3. Filling positions during selection and promotion processes

The substitution contracts are also useful when you have vacancies during the staff selection process or internal promotion.

These allow you to temporarily fill those positions with qualified workers until the processes are completed and the new employees join.

In short, this type of contract is a flexible tool that helps you ensure the continuity of your business. Take advantage of it when needed.

Characteristics of substitution contracts

The substitution contracts are characterized by being temporary and specific. But perhaps you’re wondering what other features must be met to be considered as such and when they end. Keep reading, we’ll tell you.

Specifications

For a substitution contract to be valid, the following requirements must be met:

- The substituted worker must have the right to reserve the job position.

- The contract must be formalized in writing.

- The contract must identify the substituted worker or the vacant job position.

- The contract will also have to specify the cause of the substitution and the duration of the contract, if applicable.

Termination

The substitution contract terminates for several reasons:

- The reintegration of the worker who temporarily left.

- Expiry of the legal term maximum for the reintegration of the substituted worker.

- The end of the cause that generated the reservation of the job position.

- By the end of the three-month term for selection processes or internal promotions.

Keep in mind that in the contract you should also specify other type of data such as work schedule to be fulfilled and time distribution. As well as the new employee’s salary and vacations.

Types of substitution contracts

There are several types of substitution contracts depending on the cause that originates them. These adapt to the different needs that may arise in a company, and have different clauses to follow. Here’s a summary of what they are.

1. General substitution contract

It’s the most comprehensive model. It allows hiring a worker for the time the titular’s position reservation lasts. It’s a good option to fill key positions and avoid overloading the rest of the team.

2. Substitution contract for training

It’s used to replace a worker while they undergo a training action financed by the public administration.

It allows keeping the position covered until the titular is reinstated. However, you must incorporate an unemployed person who is a beneficiary of unemployment benefits.

3. Maternity and paternity substitution contract

It’s used to replace a worker during her maternity leave or a worker during his paternity leave. It also includes other circumstances such as adoption, fostering, or risk due to pregnancy and breastfeeding.

It allows to hire an employee for the duration of the leaves, thus keeping the position filled. However, this modality is governed by some specific conditions.

4. Substitution contract for temporary disability of people with disabilities

This type of contract is directed to the substitution of workers with disabilities who suspend their contract due to temporary incapacity.

The worker substituting them must also be an unemployed person with a disability.

5. Substitution contract for victims of gender violence

This type of contract is to cover people who have been victims of gender violence. These people must have suspended their contract or have requested geographical mobility.

These substitution contracts allow maintaining the complete and productive staff in the face of various eventualities, while ensuring the right to work of the titular employees. They represent a useful tool to manage human resources in companies agilely.

Advantages and disadvantages of substitution contracts

The substitution contracts can be useful to cover specific business needs quickly and easily. However, they are not the best option if what you are looking for is talent retention or long-term commitment.

Depending on the circumstances, it may be more interesting to opt for other types of contracts that offer greater stability. So let’s see the advantages and disadvantages of substitution contracts before you make a decision.

Advantages of substitution contracts

The substitution contracts offer several advantages for your company, as they allow you to:

- Maintain work productivity and avoid interruptions in work. It can temporarily cover a vacant position or an absent employee without losing capacity.

- Versatile employment opportunities. You can develop a contract that suits your needs.

- Possibility of conversion to permanent. If the employee proves their worth, you can later incorporate them into your company.

In short, substitution contracts represent a flexible and economical solution for covering short-term staffing needs and for accessing the labor market. Well used, they can benefit both parties.

Disadvantages of substitution contracts

The substitution contracts are not a panacea and also have their disadvantages:

- Restrictions in duration. These contracts are designed to cover a temporary substitution.

- Difficulty in planning. Being temporary contracts, they make long-term planning of the company difficult.

- Training costs. The company must invest in the training of a worker who will only be temporary and may require some adaptation time.

In short, although substitution contracts provide flexibility, they also involve certain disadvantages that should be considered before resorting to them. It’s important to analyze each particular case to determine if they really are the best option or if it is preferable to look for more stable alternatives.

So now you know, the substitution contracts are a flexible solution in case you need to temporarily cover a job position. Take advantage of this contractual model that labor reform offers you.

If you want to learn more about staff selection and hiring, keep reading Sesame HR’s blog. We are your references in HR software.

Professional with over 20 years of extensive experience in various areas of Human Resources (Recruitment, Training, Occupational Risk Prevention, and Personnel Management). Experience in the Management Department: Broad understanding of the company and HR.

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cristinamartin

HR Content Specialist

What do substitution contracts consist of and when to use them?