Spain is a country in the Southwest corner of Europe. The Spanish economy is the fourth-largest in the Eurozone and the fifth-largest in the European Union. Spain is well known for its vast monuments, snowcapped mountains, stone castles, sophisticated cities, and cultural diversity. The total land area is 505,990 square kilometers, with 12,500 square kilometers of islands. Spain is bordered to the west by Portugal; to the northeast, it borders France, from which it is separated by the small principality of Andorra and by the great wall of the Pyrenees Mountains.

 

*Please note that the official currency is the currency of remuneration when employed through WorkMotion in Spain.

Hauptstadt :
Madrid
Währung :
Euro (€, EUR)
Gesprochene Sprachen :
Spanish, Catalan, Basque, Galician
Einwohnerzahl :
47.26 million (2021 est.)
Mindestlohn :
€1000 (monthly) in 14 payments
Lebenshaltungskostenindex :
$$$ (46 of 139 nations)
Payroll Frequency :
Monthly
Mehrwertsteuernormalsatz :
21%
reales BIP-Wachstum :
4.6% (2021)

Statutory Holidays

The holidays mentioned below are valid for the year 2022.

Spain enjoys 14 public holidays for which employees are given time off work. This comprises nine national holidays and five additional days that are celebrated based on regional or municipality preferences.

If the holiday falls on a Sunday, the day off is moved to the following Monday.

 

Date
Holiday Name
Extra Information
January 1
New Year’s Day
January 6
Epiphany
April 15
Good Friday
Movable, Friday before Easter
May 1
Labor Day (May Day)
October 12
Hispanic
November 1
All Saints' Day
December 6
Constitution Day Holiday
December 8
Immaculate Conception
December 25
Christmas Day

Contract Sharing Time


The approximate time for sharing the contract with an employee in Spain is 3 business days assuming no special requests or changes to our standard employment contract.

Our team ensures compliance with local employment legislation, as well as a quick and efficient onboarding process. The minimum onboarding time begins from the moment that WorkMotion has received all required information from both the client and the employee. 

For more complex onboardings, this time may increase depending on the selected bouquet of contract inclusions and the right-to-work status of the employee.

What You Need To Know


  • WorkMotion in Spain has a Collective Bargaining Agreement (CBA) with Convenio colectivo estatal de empresas de consultoría y estudios de mercado y de la opinión pública. The provisions in the CBA are followed in lieu of the statutory minimum set by the labor code.
  • All talents hired through WorkMotion in Spain are only offered indefinite contracts of employment. WorkMotion cannot offer fixed-term contracts anymore.
  • A new remote work law that grants remote workers the same overall protection as those who carry out their activities on the premises of the company was passed in the year 2021.

Labor Conditions


Working Hours

The maximum normal working time is 40 hours per week, computed yearly.

  • Rest period between two working days: 12 hours
  • Maximum normal working hours per day: 9 hours
  • After six hours of continuous work, an employee must take a break of 15 minutes.
  • Workers under the age of 18 may not perform more than eight hours of actual work per day.

 

 Overtime

Overtime work is voluntary. The maximum number of overtime hours must not exceed 80 hours in a year. Overtime is compensated for either in the paycheque (which in no case may be less than the value of the ordinary hour) or by rest periods over the next four months.

Probation Period

The length of the probation period depends on several factors such as the education level of the incumbent and the size of the enterprise:

 

Education level /Enterprise sizeProbation period
Qualified technicians (college and junior college graduate specialists).Must not exceed 6 months
Other workersMust not exceed 2 months
Enterprises with less than 25 workersMust not exceed 3 months for workers who are not qualified technicians
Fixed-term contracts not exceeding 6   monthsMust not exceed 1 month

Termination Notice Period


Termination may be done at any time so long as the applicable notice period is respected.

Termination CauseNotice PeriodOther details
Based on objective reasons15 days
  • Can be paid in lieu.
  • Employees are entitled to paid leave of 6 hours per week to look for alternative employment
Disciplinary dismissal No notice periodA written notice is required, stating the facts that motivate termination and the date on which it will take effect.
ResignationNo statutory minimum notice periodGeneral practice is 15 days.

Leave / Time Off

Annual Leave

In Spain, the annual paid holiday period, which may not be replaced by economic compensation, is no less than 30 calendar days (22 working days). Some collective agreements establish higher minimums for annual leave.

Sick Leave

Employees are entitled to sick pay in Spain if they have contributed to the social security system for at least 180 days in the five years prior to the illness. The sickness benefits are paid as follows:

Duration of sick leave      Benefit      Paid by
First 3 days       No pay     Not applicable
Day 4 -15    60% of the calculation basis     Employer
Day 16- 20    60% of the calculation basis     The social security system

     (“Sistema Nacional de la

     Seguridad Social”)

Day 21 onwards    75% of the calculation  basis    The social security system 

 

The employer (once they receive the employee’s medical certificate within three days) is responsible for applying for the employee’s sick leave. In order to receive support, the employee will need a medical examination. A doctor from the Servicio Público de Salud (State Health Services) will certify their illness.

Parental Leave

Workers are entitled to a leave of not more than three years to care for each child, whether conceived or adopted. During the first year of parental leave, a worker is entitled to job protection. After this period, the employee will be referred to a job of the same professional group or equivalent category.

 

Maternity Leave

 

In Spain, maternity leave is up to 16 weeks.

Of these 16 weeks:

  • Six weeks are mandatory and must be taken after the baby’s birth.
  • 10 weeks can be taken in full or half days:

The enjoyment of each weekly period or accumulation of periods must be communicated at least 15 days in advance. The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

During maternity leave, workers receive a maternity benefit administered by Social Security. The maternity benefit is the public welfare benefit to compensate the lost income for the employee due to the birth of a child, adoption, guardianship, or foster care.

To be entitled to maternity leave, the employee should qualify the following:

 

Age of the BeneficiaryMinimum Period of Contribution
Under 21 years oldNone
Between 21 and 26       years old90 days of contribution during the prior 7 years, or 180 days in total.
Over 26 years old180 days of contribution during the prior 7 years, or 360 days in total.

If the employee does not fulfill all these requirements, she will be entitled to receive a birth grant.

 

Paternity Leave

 

The other parent (other than the biological mother) is entitled to up to 16 weeks of leave from social security. The first six weeks are mandatory and need to be taken after the baby’s birth. The other weeks can be taken before the child attains the age of one.

Other Types of Paid Leave

Paid leave is provided for the following reasons:

 

LeaveDays
Marriage15 days
Bereavement, accident, serious illness, hospitalization, or surgical intervention without hospitalization that requires home rest, death of relatives up to the second degree of consanguinity or affinity. 2 days
If travel is required for the above purposes4 days
Transfer of the habitual domicile1 day
Inexcusable duty of a public and personal nature, including   the exercise of active suffrageAs per legal or conventional norms
Performing trade union dutiesAs per legal or conventional norms
Prenatal check-ups and preparation for childbirth  and preparing for adoptionFor the time necessary 

 

Unpaid Leave

Handicapped Family Member Leave

The Workers‘ Statute Act guarantees employees unpaid leave of up to two years to take care of a close family member on account of an accident, illness or disability where the dependent cannot fend for themselves and do not carry out any paid activity.

Voluntary leave

A worker with at least one year’s seniority in the undertaking has the right to be granted the possibility of being placed on voluntary leave for a period of not less than four months and not more than five years. This right may only be exercised again by the same worker if four years have elapsed since they took the voluntary leave previously. 

Statutory Benefits

As of January 2022, the general contribution rate for employers is 29.90%, plus a variable rate for occupational accidents (e.g. 1.5% for office work).

 

*The accident insurance premia vary as per the employer’s economic activity.

Benefit
Employer contribution
Old age pension, sickness, and disability
23.6%
Unemployment insurance
5.5%
Wage guarantee fund
0.2%
Professional training
0.6%
Accident insurance (e.g. office work)
1.5%
Total
31.4%

Health Insurance

In Spain, people insured under the Sistema Nacional de la Seguridad Social (National Social Security System) and their beneficiaries are entitled to healthcare. Foreigners not registered or authorized as residents in Spain have the right to health protection and to healthcare under the same conditions as people with Spanish nationality.

The state healthcare coverage contains:

  • Medical care: access to public healthcare centers and hospitals
  • Emergencies: access to emergency care and hospitals
  • Rehabilitation
  • Excluded from the coverage are dental and vision services.

Other Insurances

Accident Insurance

People who have suffered injuries or damage from an accident at work or occupational disease, can apply for benefits. In the event of an accident at work, the amount of the daily allowance is calculated at 75% of the daily calculation basis from the day after the accident. This allowance is paid by Mutua [mutual insurance company] or the Instituto Nacional de la Seguridad Social (INSS).

The employer pays a variable rate for occupational risk insurance. The rate ranges from 1.5% for office work, for example, to 8.5% for mining work or 7.6% for the construction sector.

Unemployment Insurance 

A contributory benefit, commonly known as „el paro“, is awarded to people who are unemployed but committed to working and who have contributed for a minimum of 360 days during the six years before becoming unemployed.

Wage guarantee fund

The Wage Guarantee Fund is an autonomous entity that acts in case of insolvency of the employer, paying outstanding wages to the workers.

Professional Training

The Vocational Training System for employees aims at improving workers’ skills and company productivity as well as helping to meet labor market needs.

Public Pension

In Spain, the retirement pension depends on the age of the beneficiary and the contributions accumulated throughout their working life. Workers covered by the social security system will, upon reaching the pensionable age, be entitled to receive the corresponding retirement pension as long as they meet the requirements established in each case.

The minimum age for the retirement pension is currently:

  • 65 if the individual can prove they have paid at least 37 years and 3 months of contributions, or
  • 66 years if the individual has contributions less than 37 years and 3 months.

All employees hired by WorkMotion’s Spanish partners are automatically insured via the Spanish Social Security system (“Sistema Nacional de la Seguridad Social”). 

Disclaimer

The information contained in this Country Guide is provided for informational purposes only and should not be construed as legal advice on any subject matter. The contents of this Country Guide contain general information and may not reflect current legal developments or address your situation. You should not act or refrain from acting on the basis of any content included in this Country Guide without seeking the advice or representation of a licensed attorney. WorkMotion Software GmbH disclaims all liability for actions you take or fail to take based on any content included in this Country Guide.

Information provided in this Country Guide is provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. WorkMotion Software GmbH periodically adds, changes, improves, updates, or removes information without notice, and assumes no liability or responsibility for any errors or omissions in the contents of this Country Guide. This Country Guide may contain links to other websites. WorkMotion Software GmbH disclaims all liability for the privacy practices or the content of such websites.

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