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EU citizens
Any citizen of the EU (including Cyprus and Malta), of other EEA Member States
and of Switzerland, has the right to work in Spain under the same conditions
as Spanish nationals. Citizens of EU Member States do not need work permits,
except for citizens from the 8 countries that joined the EU on 1st May 2004
and for which a two-year transition period was established: they will receive
the same treatment as other EU citizens once this transition period has ended.
European citizens cannot be denied employment opportunities on the grounds of
nationality. Besides, every European citizen has the right to engage in any
lawful commercial activity. This means that, in theory, there are no barriers
to EU citizens taking employment in Spain. However, in actual practice, language
could present a barrier when it comes to employment opportunities, as very few
companies are willing to hire foreign employees who do not speak Spanish. Freelance
professionals are allowed to carry out their profession in Spain, under the
condition that their university degree – in the case of a regulated profession
– has been officially recognised. Freelance workers must also be registered
as self-employed.
Third-country nationals (non-EU citizens)
Third-country nationals are required to have a work permit to legally work in
Spain. An employer who wishes to employ a third-country national must apply
for the corresponding residence permit and work permit for salaried employment
at the relevant authorities of the Spanish province where the employment activity
will be performed. If the application is approved, the third-country worker
will have to apply for a visa at the Diplomatic Representation of Spanish Consular
Office corresponding to his/her own country of residence. Once the visa is granted,
the third-country worker will be able to enter Spain and start his/her labour
activity. He/she must be properly affiliated and registered with the Spanish
Social Security and apply, within one month after arrival, for a Foreign Identity
Card.
Some third-country workers, such as researchers for example, can engage in a lucrative, labour or professional activity without the need for a work permit (see point 6.1).
Rights and obligations
All persons employed in Spain, irrespective of their nationality, must be insured.
Foreign workers have the obligation to pay the same social contributions as
Spanish workers and are therefore entitled to the same social benefits: medical
care, disability, health insurance, labour accidents and professional disease
insurance, retirement, unemployment insurance and family allowances. They also
have the same rights as Spanish nationals with regard to salary, promotions,
working conditions, trade union, etc…
Although the minimum age to work in Spain is 16, parental authorisation is required for individuals under the age of 18.
In accordance with the European Directives implemented in Spain, the maximum length of the working day is 40 hours per week, with a maximum of 9 working hours per day.
Overtime cannot be forced and cannot exceed 80 hours per year. Overtime work must be compensated either in overtime pay or compensatory time off. It is important to know your rights on this issue. Paid holidays cannot be less than 30 calendar days (including Saturdays and Sundays). The employee is entitled to 14 paid public holidays (12 national and 2 local holidays). Fifteen days are granted for marriage and 16 weeks for maternity leave.
The minimum inter-professional salary is yearly adjusted by
the Government, taking into account the relative cost of living and inflation.
The minimum salary for 2006 has been set at 540,90€/month. Sectors with
collective labour agreements are allowed to establish their own minimum salary,
which can never be less than the minimum salary set by the Government.
Employees in Spain receive a salary, which is generally divided into 14 equal
monthly payments: 12 of them paid as monthly salary, two as extra payments (in
summer and at Christmas). However, this is optional and you may receive your
annual salary in 12 monthly payments.
Employment contracts
Spanish Law recognises verbal employments as legally binding, although most
contracts are drawn up in writing. Written contracts are required for internship,
training, service, part-time, fixed-continuous, replacement or temporary (of
less than one month) contracts. You can demand a written contract at any time,
even if you have already started your employment.
Before signing an employment contract, it is recommended to verify that the terms and conditions of the contract are the same as those agreed upon. It is important to understand all aspects of the contract, especially those related to the amount and terms of payment, the length of working day, the notice period and the collective labour agreement in force, as in the event of termination of the contract, the law applied shall be subject to the provisions stipulated in this contract. If you do not speak the language in which the contract is written, the employer can have the contract translated for you, although this is not obligatory. You can also ask for a copy of the contract and have it translated to your own language before signing.
Employment contracts can be entered for an indefinite (permanent contract) or a definite (temporary contract) period of time. Temporary contracts must specify the exact length of the contract in writing (which can be formulated as “until termination of the work or service for which the contract was made”). A trail period may be arranged, but shall not exceed a maximum of 2 months, except for technical graduates, whose trial period can be extended up to 6 months, or 3 months for companies with less than 25 employees. The trail period must be specified in writing in the employment contract.
Indefinite contracts: are contracts that do not set a time limit for the duration of the services rendered. Indefinite contracts are usually not signed at the start of the employment relationship, but after a period of training or after the expiration of a temporary contract.
Training contracts: are aimed at providing employees with the necessary theoretical and practical training to successfully perform their job. Training contracts must have a minimum duration of 6 months and a maximum duration of 2 years, except when provided for under a previously established agreement. These contracts are full-time and the salary cannot be less than the minimum salary. The time dedicated to theoretical training must take place during regular working hours and cannot be less than 15% of the maximum working day established in the collective agreement.
Internship contracts: are aimed at giving employees with a degree the opportunity to receive professional training related to their studies. These contracts are only available for employees who completed their studies or had them recognised (in case of studies conducted abroad) no longer than 4 years earlier. As is the case with training contracts, an internship contract must have a duration of between 6 months and 2 years. The trial period has a maximum duration of one month for graduates with a medium-level degree (graduate) and two months for graduates with a higher-level degree (bachelor). During the first year, the salary cannot be less than the minimum salary or less than 60% of the salary established by collective agreement for employees who perform the same work in their first year of employment. The employer must provide the employee a Certificate of Internship at the end of the contract period.
Contracts for specific work or services: are contracts, with a certain degree of independence within the company, to perform a specific work or service for an undetermined period of time. A 15-day notice period is required for termination of the contract, if the contract has a duration of more than one year. Once the contract has been terminated – which must always be done in writing – the employee has the right to a financial compensation equivalent to eight days of salary for each year of service.
Part-time contracts: are contracts for services that require a lower amount of working hours than a full working day. The amount of working hours per day (week, month or year) must be specified in writing in the contract. Overtime is not allowed. The worker and employer may agree to the performance of complementary hours, as long as they are less than 15% of the total working hours. Employees hired under part-time contracts are entitled to the same rights as employees hired on a full-time basis. The amount of Social Security benefits (maternity leave, temporary disability, retirement, etc…) will be calculated pro-rata to the number of contracted working hours.
Temporary contracts: employees who have a contract for a definite term of employment must be informed by the employer of vacancies for an indefinite period of time so as to enjoy the same job opportunities as other employees in the company.
