Service station operators must limit temporary production contracts to 12 months

The Directorate General of Labor has officially registered and published the new State Collective Agreement for Service Stations (BOE-A-2026-21085), a regulatory framework that governs the labor conditions for the entire fuel supply sector in Spain. This agreement, signed by CEEES, AEVECAR, CC.OO., and UGT-FICA, establishes the mandatory rules for companies operating fuel stations and their associated commercial activities until the end of 2027.

What changes

The registration of this Collective Agreement (Convenio Colectivo) in Spain introduces specific constraints on employment stability and recruitment procedures that companies in the sector must integrate into their human resources management. The most significant changes are as follows:

• Strict limits on production-based temporary contracts: Under article 10, contracts signed due to production circumstances are now capped at a maximum duration of 12 months. While they may be extended according to current legislation, they cannot exceed this total threshold.
• Restrictions on covering vacancies: Article 9 establishes a clear prohibition against using temporary hiring as a permanent solution to cover staff vacancies caused by dismissals. The only exception to this rule is the use of training contracts as defined in article 11 of the Workers' Statute.
• Recruitment standards and non-discrimination: Article 8 mandates that all job offers, contracts, and recruitment documentation must be drafted using neutral language. Furthermore, companies are prohibited from requesting personal data from candidates that is not strictly necessary for the hiring process. There is also a specific obligation to implement training and criteria that prevent stereotypes regarding LGTBI individuals, particularly focusing on the protection of transgender people during the selection process.
• Scope of activities: The agreement clarifies that its application extends beyond fuel sales to include all complementary services such as car washing, lubrication, and convenience stores, regardless of the volume of business or the type of goods sold (art. 3).

Context

This agreement is registered in accordance with article 90.2 and 3 of the Workers' Statute (Real Decreto Legislativo 2/2015) and follows the procedures established by Royal Decree 713/2010 regarding the registration and deposit of collective agreements. It serves as the primary regulatory instrument for the sector, superseding previous arrangements and providing legal certainty for the period between 2025 and 2027. By establishing a state-wide scope (art. 2), it ensures that all service station operators across the Spanish territory operate under the same labor standards, preventing regional discrepancies in the fuel and energy retail sector.

Who is affected and how

The impact of this regulation is widespread across the fuel retail ecosystem, affecting different types of economic actors:

SMEs and Small Businesses

Small and medium-sized enterprises operating single or multiple service stations must immediately audit their current temporary staff. They are particularly affected by the 12-month limit on production-based contracts (art. 10). Failure to adjust these contracts could lead to the automatic conversion of temporary staff into permanent employees under Spanish labor law.

Self-employed Operators (Autónomos)

Individual owners of fuel points or those managing complementary services (such as small car washes or local convenience shops attached to a pump) are fully subject to these rules (art. 3). They must ensure that their hiring practices, even for a single employee, comply with the neutral language and data protection requirements of article 8.

Large Corporations

Large-scale fuel retailers and energy companies with extensive networks of service stations must align their corporate HR policies with the new restrictions. The prohibition on using temporary contracts to cover dismissals (art. 9) requires a strategic shift in how these companies manage workforce turnover and vacancy replacement.

What to do and when

Since this agreement has a retroactive temporal scope starting from January 1, 2025, and is officially published in 2026, companies should take the following actions:

• Audit existing temporary contracts: Check all contracts signed under "circumstances of production" to ensure they do not exceed the 12-month limit established in article 10.
• Update recruitment protocols: Review job descriptions and application forms to ensure they use neutral language and do not request excessive personal data, as required by article 8.
• Review vacancy replacement policies: Ensure that staff replacements following a dismissal are handled through permanent contracts or training contracts, avoiding the misuse of temporary arrangements (art. 9).
• Monitor the expiration date: Be aware that the agreement is automatically denounced on December 31, 2027 (art. 4), which will trigger a new negotiation period.

For a detailed assessment of how these changes impact your specific business model or to conduct a labor audit, we recommend contacting the relevant department at BMC.