Payroll & Labour Services in Spain

Labour laws in Spain are designed to protect the rights of workers and ensure fair and safe working conditions. The main labour laws in Spain are contained in the Spanish Workers’ Statute, which outlines the basic rights and obligations of employers and employees. Some of the key aspects of Spanish labour law include:

• Minimum wage: The minimum wage in Spain is set annually by the government and is adjusted based on inflation and other economic factors.
• Working hours: The maximum number of working hours per week is 40 hours, although some sectors and industries may have different regulations.
• Vacation time: Employees are entitled to a different amounts of vacation time, depending on your contract.
• Sick leave: Employees are entitled to a certain number of days of sick leave per year, which are paid by the employer.
• Notice period: Employees must provide notice to their employer before resigning, and employers usually must provide notice before terminating an employment contract (though this may vary depending on the situation).
• Collective bargaining: Collective bargaining is a key aspect of labour law in Spain, and unions are active in negotiating on behalf of workers.
• Health and safety: Employers are responsible for ensuring a safe and healthy working environment for their employees, and workers have the right to refuse work that poses a danger to their health or safety.
• Discrimination: Discrimination on the basis of gender, race, age, or other factors is prohibited by Spanish labour law.
• Social security: All employees in Spain must be registered with the social security system, and employers are required to make contributions on behalf of their employees.

These are just some of the key aspects of labour law in Spain. The exact details and regulations vary depending on the sector and industry in which the employee is working.

If you are an expat working in Spain, you will need to register for social security in order to be able to work legally. Here are the steps to follow to register:

• Obtain a NIE (Número de Identificación de Extranjero) number: This is a unique identification number for foreigners in Spain. You can obtain a NIE number from the Spanish consulate in your home country or from the foreigner’s office (Oficina de Extranjeros) in Spain.
• Obtain a work permit: If you are a non-EU citizen, you will need to obtain a work permit before you can register for social security.
• Register for social security: Once you have a NIE number and work permit, you can register for social security by submitting the necessary paperwork to a Spanish social security office (Tesorería General de la Seguridad Social).
• Provide the required documentation: You will need to provide your NIE number, work permit, passport, and a copy of your employment contract to register for social security.
• Pay social security contributions: As an employee, you will be required to pay social security contributions, which are typically deducted from your paycheck. The amount you need to pay will depend on your salary and other factors.
• Obtain a social security number: Once you have registered for social security, you will be assigned a social security number (Número de Afiliación a la Seguridad Social), which you will need for various administrative procedures, such as filing taxes and accessing healthcare.
• It is important to note that if you are self-employed, the registration process for social security is slightly different. You will need to register as an autonomous worker (trabajador autónomo) and pay social security contributions directly to the social security office.

As an expat working in Spain, your social security contributions will depend on several factors, such as your salary, the type of contract you have, and the social security benefits you are entitled to. In general, both employees and employers are required to make social security contributions, which are calculated as a percentage of the employee’s salary. If you are self-employed, the social security contributions are higher, and are based on your taxable income. We strongly recommend working with a professional if you are self-employed to set up your social security contributions correctly.

As an employee in Spain, you have multiple rights protected by Spanish labour laws. Some of these rights are below. If you feel your rights have been violated, please reach out for our support:

• • The right to a written employment contract: Your employer is required to provide you with a written employment contract that outlines your working conditions, job duties, and other important details.
  • The right to a safe working environment: Your employer is responsible for providing a safe and healthy working environment, and must take measures to prevent workplace accidents and injuries.
  • The right to a minimum wage: There is a minimum wage in Spain, which is adjusted each year. 
  • The right to a maximum working week: The maximum working week in Spain is 40 hours per week, although this can vary depending on your job and industry.
  • The right to paid holidays: this varies based on contract and time worked
  • The right to sick leave: If you become ill or are injured, you may be entitled to sick leave, which is paid by your employer for a certain number of days.
  • The right to Parental leave: Parents in Spain are entitled to paid maternity and paternity leave, which can vary depending on the circumstances.
  • The right to join a trade union: You have the right to join a trade union and to engage in collective bargaining with your employer.

Your obligations could include:

• • Providing a written employment contract
  • Complying with minimum wage requirements: Employers must pay their employees at least the minimum wage, which is adjusted annually by the government.
  • Providing a safe working environment: Employers must take measures to ensure that the workplace is safe and healthy for their employees.
  • Limiting working hours: Employers must limit working hours to 40 hours per week, although this can vary depending on the industry.
  • Providing paid holidays: Employers must provide their employees with a minimum of 30 days of paid holiday per year.
  • Offering sick leave: Employers must offer their employees sick leave, which is paid for a certain number of days.
  • Granting maternity and paternity leave: Employers must grant paid maternity and paternity leave to employees who are parents, which can vary depending on the circumstances.
  • Paying social security contributions: Employers are required to pay social security contributions on behalf of their employees.
  • Providing a safe and healthy working environment: Employers must provide a safe and healthy working environment, and must take measures to prevent workplace accidents and injuries.
  • Respecting non-discrimination and equality laws: Employers must not discriminate against their employees based on their gender, age, ethnicity, religion, or other characteristics.

Complying with collective bargaining agreements: If the employer has a collective bargaining agreement with a union, they must comply with the terms of the agreement.

The maximum number of working hours per week in Spain is 40 hours, although this can vary depending on the industry and collective bargaining agreements.

In Spain, employees are required to give notice of at least 15 days before resigning, although this can vary depending on the terms of their employment contract or collective bargaining agreement.

Employers in Spain are required to give employees notice of termination, the length of which varies depending on the length of the employee’s service, but it can be up to 20 days per year of service, with a maximum of 12 months.

To file a labour dispute or grievance in Spain, employees can use the conciliation process with their employer or file a claim with the Labour Inspectorate or the Labour Court.

The time it takes to resolve a labour dispute in Spain varies depending on the complexity of the case and the legal procedures involved. It usually takes several months to a year or more.

Grounds for termination of an employment contract in Spain can include “just cause”, such as serious misconduct or breaches of the employment contract, or economic, technical, organisational or production reasons that affect the company’s activity or profitability.

An employer in Spain can only terminate an employee’s contract without notice or compensation if there is a serious breach of the employee’s obligations.

Employees can typically work for multiple employers in Spain, but they must ensure that they comply with any legal restrictions, such as not exceeding the maximum working hours or breaching any non-compete clauses.

Benefits that employees are entitled to in Spain include paid holidays, sick leave, maternity and paternity leave, social security benefits, and access to healthcare.