Payroll & Labour Services in Spain
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Work with English-Speaking Payroll Professionals in Spain:
Our international team of payroll experts deliver cross-border payments and international employment guidance to any sector, whether they work with employees, freelancers or private clients.
You can leave complex issues like employment advice, labour contracts, payroll and social security matters to us. Give yourself the space to focus on what really matters and be more efficient.
Where Lexidy delivers the difference
Our international clients relax in the knowledge that they comply with Spanish employment regulations and obligations. They leave the employment and payroll management to us, so that they can focus on what they do best.
We efficiently adapt the regulatory and legal changes, so that you remain fully compliant with your legal requirements. We can act quickly to support our clients with new local labour legislation as well as larger complicated requirements (like the GDPR).
We have increased our number of payroll clients by 200% over two years, and have tripled the number of freelancers we have helped. Our genuine track record of success with large clients and individuals says it all.
Learn About Our Labour Services
Once you build your successful business vehicle, it is fundamental to focus on growing and nurturing work relationships. Your team is the key ingredient of any company’s success, and it can be difficult to develop the way you’d like in a different country.
In order to confront all the new challenges, the legal experts at Lexidy help our clients to see that labour law is not a constraint. Above all, it is an opportunity to protect your company’s interests.
Labour services in Spain
EMPLOYMENT AGREEMENT SERVICES
In general, we draft, revise and negotiate employment contracts from the simplest to the most complex, in English and Spanish.
Often, we provide counsel on the application of collective bargaining agreements applicable in Spain. We also advise on the various regulations that govern labour law, health and safety and data privacy and protection.
Finally, we assist with the swift and effective termination of an employment agreement.
Want To Learn About The Exact Labour Services We Provide?
The Lexidy Payroll and Services Department can help you with:
- Contract Drafting
We draft your employment contracts for your employees including the necessary clauses in order to cover your business needs.
- Advice on Senior Management Contracts
A senior management contract is the document signed by the company and the employee by virtue of which the rights and obligations of the special senior management relationship are regulated by the parties, always respecting the non-mandatory regulations governing this special relationship, Royal Decree 1382/1985, of August 1, which regulates the special employment relationship of senior management personnel.
(Due to its complexity and the complex clauses that are usually included in these contracts, at Lexidy we advise both employees and companies in order to offer them greater security when initiating this special employment relationship.)
- Advice on Special Agreements (Including non-competition clauses, mobility clauses, and more)
Our team can perform studies of special company-employee clauses and agreements in order to understand their risks, benefits and consequences.
- Advice on collective agreements (Salary according to the agreement, updates, arrears and more)
At Lexidy we study and summarise the Collective Bargaining Agreement in order to make you aware of its risks, benefits and consequences for you and your business.
- Challenging labour sanctions
After being sanctioned by your employee, at Lexidy we study the possibility of appealing the sanction in accordance with the labour legislation in force and the rights of the parties.
Advice and defence in the event of geographical mobility or substantial modification of contract conditions
In the event of being displaced by a company decision, Lexidy will advise you on the possibility of challenging the measure.
SOCIAL SECURITY SERVICES
- We file monthly Social Security contributions on behalf of your employees.
- We obtain the “Contribution Code” that’s required from the Spanish administration to hire employees.
- We register employees and their employment contract with Social Security.
- We advise and calculate the Social Security costs to companies and freelancers.
- We register companies and self-employed workers with Social Security.
- We liaise with Spanish administration officials and complaints on your behalf.
PAYROLL MANAGEMENT SERVICES
- We deliver your employees payslips with a detailed breakdown of their contributions.
- We prepare the liquidation of the severance pay and settlement at the end of the employment agreement.
- We also perform salary simulations to help inform your hiring strategy.
EMPLOYMENT REGULATION SERVICES
Overall, we provide a comprehensive analysis of the collective agreement applicable to your company. We do everything from preparing employment handbooks so your company understands policies and procedures to advising on legally effective dismissals.
Want To Learn About The Exact Employment Regulation Services We Provide?
- Disciplinary dismissal proceedings
If you need to fire an employee for disciplinary reasons, Lexidy can accompany you on the drafting of the dismissal letter, and if necessary to the trial and possible appeals. Also, in the event that you have been unfairly dismissed, we can defend your rights throughout the whole procedure.
- Proceedings for objective dismissal
In the event of having to fire employees due to objective reasons, the legal team at Lexidy can draft the dismissal letters and handle any trials that arise as a result.
Proceedings for Termination of Article 50 ET due to employer’s non-compliance.
The legal team at Lexidy can help you handle proceedings as a result of Illegal transfer of workers to third parties and temporary employment agencies.
This is known as Illegal assignment, and it is the situation where a company hires one or more workers for the sole purpose of having them work for another company. The company that hires the worker and then transfers him/her to another company must have no organisation or activity of its own, its sole purpose being to transfer the worker.
At Lexidy we can defend both companies/employees in these complex procedures to solve a situation that would otherwise be very costly for you.
Head of the Payroll Department
Once you have the vehicle, it is fundamental to focus on developing the labour relationships as they are the key ingredient of the business’s success.
In order to confront these new challenges, it is always exciting to advise the client in ensuring that the labour law is no longer a constraint but, above all, an opportunity to protect its interests.
Find your Labour Lawyer
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Frequently Asked Questions
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.