Spain

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Country Snapshot

The GPS Country Snapshot includes 25 sections of information about labor law compliance in Spain. See a sample of popular sections below.

Termination of Employment

Individual dismissals on objective grounds are subject to a notice period of 15 days, while no notice is required for dismissals on disciplinary grounds. Where notice periods apply, the employer can also decide to pay in lieu of notice. In case of termination of fixed-term employment contracts with a duration exceeding one year, the employer must generally give a minimum notice period of 15 days in advance of the termination date. If an employee resigns, regardless of whether they were hired under an open-ended or fixed-term contract, they must give the employer the notice defined by any applicable collective agreement or by custom and practice in the workplace concerned (generally, the notice period ranges from 15 days to one month, though some collective agreements require a notice period of three months). 

Work Permits

A Work and Residence Permit is issued by Spain's Labor Authorities and allows employers to recruit outside the European Union (EU). After receiving the Work and Residence Permit from the employer, the employee can apply in person for a Work Visa. 

Required documents for the employee include:

  • Copy of a valid passport
  • Certificate of criminal records issued by the home country
  • Official medical certificate
  • Three passport-size photographs
  • Fiscal registration number (NIE or CIF) and the Social Security registration number of the employer
  • Offer of employment
  • Job and company description
  • Proof of the employer’s solvency.

Paid Annual Leave

In Spain, employees are entitled to 16 weeks of maternity leave (plus two additional weeks for each additional child in the case of multiple births). The maternity leave period should be enjoyed continuously and is independent of any leave taken to attend medical examinations or due to a health risk during pregnancy. The mother may choose to begin maternity leave up to 4 weeks before the child is born, and at least 6 weeks must be utilized immediately after childbirth. If both the mother and father work, the mother may grant part of her maternity leave to the father, provided that she enjoys the minimum of 6 weeks postpartum and that her returning to work does not constitute a risk to her health. In cases of adoption and foster care, both pre-adoptive and permanent, of minors up to 6 years of age, the suspension will have a duration of 16 uninterrupted weeks and is extendable in cases of multiple adoptions. Under Spain's current law, women can transfer up to 10 weeks of leave to the father.

Working Hours

Spain's regulations on work hours state that employees must:

  • Not work more than 40 hours a week (based on an annual average)
  • Not work more than nine hours a day
  • Be given at least 12 hours of rest before starting work the next day.

Remote Work

Spain defines remote work as work conducted by an employee outside the workplace for at least 30% of the work day, occurring over a minimum period of 3 months. The employee and employer must meet certain conditions for remote work to take place. 

Maternity Leave

In Spain, employees are entitled to 16 weeks of maternity leave (plus two additional weeks for each additional child in the case of multiple births). The maternity leave period should be enjoyed continuously and is independent of any leave taken to attend medical examinations or due to a health risk during pregnancy. The mother may choose to begin maternity leave up to 4 weeks before the child is born, and at least 6 weeks must be utilized immediately after childbirth. If both the mother and father work, the mother may grant part of her maternity leave to the father, provided that she enjoys the minimum of 6 weeks postpartum and that her returning to work does not constitute a risk to her health. In cases of adoption and foster care, both pre-adoptive and permanent, of minors up to 6 years of age, the suspension will have a duration of 16 uninterrupted weeks and is extendable in cases of multiple adoptions. Under Spain's current law, women can transfer up to 10 weeks of leave to the father.

Minimum Wage

Spain's current minimum wages are summarized below (these do not include any benefits paid in-kind):

  • The minimum wage for any activity in agriculture, industry, and services (regardless of the sex or age of the workers) is set at EUR 36 (Euros) per day or EUR 1,080 per month.
  • The minimum wage for temporary workers on contracts of up to 120 days is EUR 51.15 per working day.
  • The minimum hourly wage for domestic staff in the home is EUR 8.45 per hour worked.

According to the Workers' Statute, all employers are required to provide salaries without any discrimination based on gender. Employers are also required to keep a record of the average values of wages, salary supplements, and non-salary earnings, disaggregated by sex and distributed by professional groups, categories, or jobs of equal value and including arithmetic mean and median.

Country Profile

The GPS Country Profile contains detailed information on over 60 topics related to labor law compliance within Spain.
  • Type of Employment Relationship
  • Permanent Employment
  • Fixed-Term or Specific-Purpose Contracts
  • Temporary Employment Contracts
  • Part-time Employment
  • Young Worker Employment
  • Vendors and Independent Contractors
  • Types of Contracts
  • Probationary Period
  • Termination of the Contract of Employment
  • Grounds for Termination
  • Notice of Dismissal
  • Fair Dismissal
  • Redundancy
  • Unfair Dismissal
  • Suspension of Contract of Employment
  • Severance Benefits
  • Hours of Work
  • Work Week and Timekeeping
  • Night Work and Shift Work
  • Overtime
  • Remote Work
  • Required Time Off
  • Public Holidays
  • Annual Leave
  • Sick Leave
  • Maternity
  • Other Forms of Leave
  • Social Insurance and Retirement
  • Social Security Contribution
  • National Retirement Scheme
  • Dependents’/Survivors Benefit
  • Life and Disability Insurance/Benefit
  • Statutory Allowances
  • Compensation and Benefits
  • Minimum Wage (Basic Wage)
  • Bonuses, Profit Sharing and Other Compensation
  • Medical Insurance
  • Work Environment
  • Workplace Safety and Health
  • Prohibition of Discrimination
  • Prohibition of Harassment
  • Data Protection and Privacy
  • Whistleblowers and Retaliation
  • Workers’ representation in the organization
  • Freedom of Association
  • Registration and Recognition of Unions
  • Trade Union Personality
  • Collective Bargaining and Agreements
  • Disputes and Settlements
  • Strikes and Lockouts
  • Unfair Labor Practices
  • Taxation of Compensation and Benefits
  • Income Tax
  • Taxation of Employee Benefits
  • Tax Filing and Payment Procedures
  • Double Tax Relief and Tax Treaties
  • Visas and Work Permits
  • Visas
  • Work Permits and Residence Permits

 Country Snapshot

Get the full Country Snapshot with 25 sections of information about labor law in Spain.