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Research works in Spain
Important steps have been taken over the past few years to facilitate the work
of Spanish researchers and the mobility of both national and foreign researchers.
Work and residence permits for foreign researchers have been regulated and the
number of research grants in and outside Spain has increased. This chapter provides
interesting information for foreign researchers who wish to settle in Spain.
Third-country nationals aged 16 years and older must have the corresponding work permit to carry out a lucrative, labour or professional activity, either on a salaried or self-employed basis. However, Spanish immigration regulations contain certain exceptions to the work permit requirements, some of which may apply to certain groups of people engaged in research:
Procedure for the recognition of the exceptions to the work permit
requirement
Foreign nationals who are not residing in Spain must apply for the corresponding
residence permit at the Spanish Consular Office in their home country. The application
must be accompanied by the documentation needed in each situation of exception
to the work permit requirement. The Consular Office will verify the legitimacy
of the exception and process the residence permit in accordance with the procedures
for the issuance of temporary residence permits, possibly with a reduction of
terms.
Foreign nationals residing in Spain must apply for the recognition of the exception and demonstrate they meet the necessary requirements before the Government Sub-delegation or Government Delegation of the uniprovincial Autonomous Regions corresponding to the province where the work centre is located, providing the required documentation. The application will be deemed denied if the Government Sub-delegation or Government Delegation has not issued a response within a period of three months. The corresponding Government Delegation or Government Sub-delegation can ask for additional documentation they feel necessary to prove the foreign nationals qualifies for exemption from the work permit requirement, as well as any other reports from other administrative organisations.
The recognition of the exception will remain valid for the duration of the activity or programme to be undertaken, with a one-year limit for the initial concession, two years at the first renewal and an additional two years at the following renewal, as long as the circumstances leading to the exception have remained unchanged.
Effects of the visa
The residence permit issued in these cases will include the initial residence
permit with the exception to the work permit and its validity will start on
arrival to the country, which will be indicated on the visa, passport or travel
document. The worker must personally, and within a maximum period of one month,
apply for a Foreigner Identity Card at the corresponding office. After having
obtained the visa, the worker must enter Spain within 3 months from the date
of issue.
There are two different types of research contracts: one for the conduct of
research projects and one for the incorporation of researchers into the Spanish
Science and Technology System, as detailed below. For more information, please
visit the INEM web page (www.inem.es) under the section “empleos”
(jobs) / “contractos” (contracts).
Labour contracts for the conduct of research projects
- Are usually governed by the same terms and conditions as the contracts for
specific work or services (see chapter 12, “Information on employment
regulations”).
- Applicants must be researchers or scientific or technical staff.
- Can be issued by public research organisations, non-profit making R&D
institutions and public universities benefiting from public grants or subsidies
for the development of unique programmes or research projects that cannot be
carried out by their own staff.
- The activity undertaken will be evaluated every year.
- The contract will be terminated in case of an unsatisfactory evaluation.
- The contract must have a duration of more than 1 and less than 5 years.
- The remuneration shall not be less than that of other researchers engaged
in similar activities.
Contracts for the incorporation of researchers into the Spanish Science
and Technology System.
- Are usually governed by the same terms and conditions as work-experience contracts
(see chapter 12, “Information on employment regulations”).
- Applicants must be in possession of a PhD degree.
- Can be issued by public research organisations, non-profit making R&D
institutions and public universities benefiting from public grants or subsidies
for the development of unique programmes or research projects that cannot be
carried out by their own staff.
- The project will be evaluated at least once every two years.
- The contract will be terminated in case of an unsatisfactory evaluation.
- The contract must have a duration of more than 1 and less than 5 years.
- Contracts with a duration of less than 5 years can be renewed successively,
as long as the period of renewal is not less than 1 year.
- The remuneration shall be similar to that of other researchers engaged in
similar activities.
For information on part-time research contracts, please see chapter 12 “Information on employment regulations”.
Research trainees are subject to a special legal regime. According to this
statute, research trainees are university graduates who are benefiting from
aid programmes targeted at the development of training activities and scientific
and technical specialisation by means of, at least, the official doctorate studies.
Research trainees, involved in programmes included in the Register, are entitled
to receive financial support (which shall not be considered as salary), as well
as collaboration and support from host organisations, centres or institutions
for the successful development of their studies and research activities, their
integration into the institutions where they conduct their activities, as well
as their participation in the statutes and management and representation bodies
of the universities and public organisations they are received by. They also
have the right to participate in additional calls for grants to attend scientific
meetings or for training and improvement stays in other centres. They also have
the right to the intellectual property generated by their activities.
Research personnel can be faced with two different legal situations:
- Fellowship, during the first two years after the
aid is granted.
- Contract, after the fellowship period has ended and the Advanced
Study Degree (DEA) has been achieved. The contract will cover the next 2 years.
At this stage, the researcher will enter into a labour contract
with the institution to which he/she has been attached. The summoning organisations
can specify other requirements that replace the DEA or the substituting administrative
document in line with the education structure established within the European
Space for Higher Education.
The summoning organisations must communicate their aid programmes included in this statute to the general Register of research aid programmes. They must appoint a tutor (Doctor) to coordinate and guide the activities performed by the trainee and make sure that the training programme is carried out in a correct way. Research trainees cannot be obliged to carry out activities other than those related to the development of their research activities. However, research trainees who hold university fellowships are allowed to collaborate in teaching activities, as long as these activities do not exceed the maximum amount of 60 hours per year.
The amount of the fellowship will be determined according to the absolute minimum contribution in force at any given time in the General Social Security Regime. However, for calls for fellowships that will come into effect in 2007, the contribution basis amount will be based on the minimum contribution basis in force at any given time for contribution group 1.
The organisation awarding the fellowship must fulfil the obligations for employers
as established under the General Social Security Regime.
For Social Security purposes, the research trainee, as the holder of a grant,
will have the same status as a salaried employee. They must register with the
General Social Security Regime, which protects their employment conditions,
and will enjoy full social security rights with the exception of unemployment
protection.
For more detailed information, you can consult Royal Decree 63/2006, of 27th
January (BOE of 3rd February 2006) or visit the web page of the Official State
Gazette (BOE):
www.boe.es / http://www.boe.es/boe/dias/2006/02/03/pdfs/A04178-04182.pdf
In March 2005, the European Commission adopted the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, aimed at contributing to the development of a European labour market that is attractive to researchers. The Charter and the Code of Conduct are recommendations of the Commission to the State Members, which are invited to apply them on a voluntary basis.
The European Charter for Researchers is a set of general principles and requirements that specifies the roles, responsibilities and entitlements of researchers, employers and fund providers.
The Code of Conduct for the Recruitment of Researchers, which does not differ significantly from the standard recruitment rules, underlines the importance of fairer and more transparent selection procedures, and of diverse and expert selection committees.
You can view the Code of Conduct for the Recruitment of Researchers and
the European Charter for Researchers at www.eracareers.es.
