Labour Rights in Spain
- Video
- Introduction to an employment contract
- The meaning of an employment contract
- Probationary period
- Elements of a contract
- Types of employment contracts
- Termination of a contract
- Period of notice
- An employment contract is an agreement between an employer and a worker whereby the latter offers their services to the employer in exchange for a salary.
- Any employment relationship between an employer and a worker must be documented by a contract. The contract is what represents an agreement whereby the worker, in return for remuneration, offers certain services to the employer under his control and direction.
- The employment contract entails rights and obligations for both the worker and the employer, which must be respected, regardless of the company or sector.
- Both parties must sign the document voluntarily.
- Requirements in Spain:
- A specific template provided by the Employment Service is used for the contract. At the top left of the contract is the coat of arms of the Spanish Government next to the text "Ministerio de Empleo y Economía Social".
- In the upper right-hand corner, next to the European flag, the phrases "Servicio público de empleo estatal" and "Fondo social europeo, el ESF invierte en tu futuro" should be read.
- Having an employment contract means:
- having all the rights, responsibilities, duties and working conditions that make up the legal relationship between employer and employee.
- Generally, all types of employment contracts can include terms that are legally binding.
- For example: the employer's duty to pay the employee's wages or the employee's duty not to be late for work.
- After signing the contract, the company is obliged to keep the data contained in the document, which is protected under Organic Law 15/1999 on the protection of personal data. Likewise, the company must present the contract within a period of less than 10 calendar days to the Public Employment Service and register the worker in the General Social Security System.
- The first months in an employment relationship, if specified in the employment contract, are regulated by a probationary period with a maximum of 6 months between the company and the employee. The duration of this period is set by law and determined by the collective agreement. The purpose of this period is to verify the sufficient capacity of the employee and to get to know the functions and environment.
A contract includes the following data:
- Company details Name and position of the employer
- Contribution account details
The company's and employee’s Social Security affiliation number
- Workplace data
Location of the workplace
- Employee’s details
All relevant information about the employee
- Legal assistance
In case of needing legal representation, the name and ID of the guardian or responsible person, who must sign the document, acquiring his responsibilities.
- Declaration of the clauses
- Type of employment function (First section)
- Working hours (Second section)
- Start, duration and probationary period of the contract (third section)
- Salary (fourth section)
- Duration of vacation (fifth section)
- Period of notice (sixth section)
- Reference to applicable collective agreements or company or service agreements (seventh section)
There are four types of contract:
- permanent
- open-ended employment
- temporary
- fix-term contract for a certain period of time with an end date
- training and apprenticeship
- contract is used to record the period of training or apprenticeship to acquire qualifications or competencies in the company.
- internship
- the document signed to work as a trainee is not exactly a contract, but an agreement, and the trainee is not considered as a worker by the Public Administration.
- The employment relationship ends when the employment contract is terminated. This can happen if the employer unilaterally decides to terminate the contract with reasons. In this case, the employee is dismissed.
- Another possibility is the termination of the employment contract by the expiry of a fixed-term contract, which means the cessation of the agreed duties and rights.
- During the probationary period, both the employer and the employee may terminate the employment relationship without notice and without giving reasons.
- In the event of termination by the employer of a contract of indefinite duration, the employee shall be entitled to severance pay equal to the proportionate share of the amount that would result from the payment of 12 days' salary for each year of service, or the amount specified in the specific rules of the collective agreement.
When an employment contract is terminated by the employer or the employee, the statutory period of notice stipulated in the contract with a minimum of 15 days must be observed. The notice period depends on the respective collective agreement.
- Video
- Health insurance in Spain
- Benefits catalogue of the health insurance system
- Health insurance for migrants
- Unemployment benefits
- Social/Financial assistance and their requirements
- Sickness benefits
In Spain, health care is public and not universal, and it depends on the requirements of each Autonomous Community. From 2012, only insured persons or beneficiaries have the right to public health care.
Insured persons are:
- Employed or self-employed, affiliated to Social Security.
- Pensioners of the Social Security system.
- Persons who receive any other periodic social security benefit (including unemployment benefit).
- People who have exhausted the unemployment benefit or other similar ones, are unemployed, do not accredit the condition of insured person by any other title and reside in Spain.
- Minors subject to administrative guardianship.
Beneficiaries are:
- Spouses of the insured person or someone who lives with the insured person as a civil partner.
- Ex-spouses or person who is legally separated, receiving a compensatory pension from the insured person.
- Descendants of the insured person or their spouse under 26 years of age or, in the event of being older than this age, who have a recognised disability to a degree equal to or greater than 65%.
- Minors subject to the guardianship or legal protection of an insured person or their spouse.
- Siblings of the insured person.
Exceptions exist for:
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- Foreigners from a country in the European Union, the European Economic Area or Switzerland who are residents in Spain.
- Political asylum seekers with authorised residence in Spanish territory.
- Victims of human trafficking, during the period of recovery and reflection.
- Persons requiring urgent health care due to serious illness or accident, pregnancy care, childbirth and postpartum care.
- Children under 18.
If you are an insured person or a beneficiary, you are entitled to receive health care benefits provided by the National Health System, which in Spain includes:
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- Medical care: In health centres and hospitals, public or private, and home care.
- Emergency: If you need urgent care, you can be treated at any medical centre and receive hospitalisation if necessary. If you need an ambulance service, it will also be covered by the Spanish system.
- Rehabilitation: If you need rehabilitation due to a doctor's prescription, the national system will cover the cost.
- Medicines: Costs are covered depending on the status of the insured person. As a rule, insured persons have to pay between 10 and 60% of the final price, depending on their income and the autonomous community.
- Health transport.
- Temporary migrants coming from another European country:
- With the European Health Insurance Card, anyone from another EU country has access to state-provided healthcare during a temporary stay in another European country.
- Since 2018, according to RDL 7/2018 Art. 3.1, foreigners who are not registered or admitted as residents in Spain are entitled to health protection and health care under the same conditions as persons with Spanish nationality.
- Under the new rules, the right to public health care is decoupled from social security contributions. This means that it is not necessary to be a holder of a Spanish health card or be registered in a particular place to benefit from this service.
- Temporary migrants coming from outside of Europe:
- When migrants are not insured in any EU country and decide to move to Spain, it is mandatory to have travel medical insurance for 90 days, as you are considered to be in a "temporary stay" situation.
- If you are planning to stay longer than 90 days in Spain, the following aspects must be considered:
- Foreigners, regardless of their situation, can be treated by the National Health System, but without regaining the right to a health card.
- To be able to apply for a health card, the following requirements must be met:
- To be of legal age at the time of application.
- To not be receiving any other benefits.
- To prove residence in Spain for more than 90 days (this is the main aspect that varies from one autonomous community to another).
- To not reach 100,000 euros of income.
- If these criteria are met, you will obtain a document that acts as a health card, which is only useful in the autonomous community in which you are registered and is valid for one year. Your application is made through the social workers at health centres.
- In addition, it will always be necessary to meet the requirements established by each autonomous community. Each of them applies the law in a different way, and this results in significant differences between them.
- This is a contributory benefit granted to people who are unemployed, but with a commitment to work and who have paid a minimum of 360 days of contributions in the 6 years prior to becoming unemployed. You will receive this benefit if:
- you are affiliated to and registered with a social security system.
- you are legally unemployed, registered as a jobseeker with the public employment service, actively seeking employment and willing to accept suitable employment.
- you have paid at least 360 days of contributions in the six years preceding your unemployment or before the end of your obligation to pay contributions.
- you are older than 16 years and have not yet reached retirement age.
- If you are fully unemployed, you are entitled to unemployment benefit:
- In the first 180 days - 70% of the regulatory base
- From the 181st day - 50% of the regulatory base
- The amount of the benefit may in no case be higher or lower than certain established limits, depending on the number of family members that the unemployed person has in their care.
- Here you find more information:
https://ec.europa.eu/social/main.jsp?catId=1129&langId=es&intPageId=4800
- If you are unemployed, but have not paid enough social security contributions or find yourself in certain situations, you may be eligible for some of the non-contributory unemployment benefits that exist in Spain:
- Welfare level unemployment benefit: you can apply for this if you are not entitled to contributory unemployment benefit because you have not paid the necessary contributions to the Social Security System, or because you have exhausted the contributory benefit you were entitled to but are still unemployed.
- Active Insertion Income: you can apply for this if you are a long-term unemployed person between the ages of 45 and 65. Migrant workers over 45 who have returned from abroad, disabled people and victims of gender-based violence can also apply.
- State programmes instead of financial support to enable young people under 30 years of age, who never worked before and do not meet the minimum contribution requirements to enter the labour market.
- Minimum resources: If you do not have enough income to live on and have not previously paid, or not enough, the Spanish social protection system offers you a series of non-contributory benefits (housing aid, social services benefits, non-contributory disability pension, benefits for families with financial difficulties)
Further information: www.imserso.es
- In Spain, if you fall ill and must stop working temporarily, you are entitled to claim temporary incapacity benefit. This will cover any daily loss of income that you no longer receive while you are not working, as well as health care.
- You can claim the allowance for any common illness or non-occupational accident, provided that three days have passed since the onset of the illness or since the accident occurred. You may receive the aid for a maximum of 365 days, which may be extended for a further 180 days if cure is expected during that period.
- To receive the allowance, you need to register with any social security scheme and have paid a total of 180 days of contributions in the previous 5 years.
- Video
- Taxes related to work
- The Minimum wage
- Payroll taxes
- Tax liability in Spain is based on the principle of ordinary residence. As a rule, you are liable for tax in the country where you reside for 183 days of the year.
- All workers must pay taxes on this income. The main tax applied to employees is:
- Personal Income tax (IRPF) – The IRPF records the income obtained during a year and the percentage increases as our income rises. The percentage varies according to the autonomous community around 19% for the lowest incomes, and up to 48% for the highest.
- The tax rate for non- residents who live in the country for less than 183 days per year and obtain income in Spain is 19% for citizens of the EU and 24% for citizens of any other country.
- The minimum wage is agreed annually between trade union leaders, representatives of manufacturing unions and the national government. It aims to protect workers from unfair low wages.
- For the year 2021, the minimum wage has been set at 950 euros per month and 31,66 euros per day, which means an extension of the MIS from 2020 until further notice, for both permanent and temporary workers, as well as for domestic workers.
- The gross salary must therefore not be less than 13,300 euros per year if you work full-time. (The salary you must receive must always be looked up in your reference collective agreement for your occupational group.)
- If your working day is less than 40 hours, the gross wage would be calculated in proportion to the hours worked.
- The payroll is an obligatory document that the company issues to each worker and in which a series of data about the various economic taxes appear. Generally, there are two types of payroll deductions paid by the worker:
- Personal Income Tax:
- Income taxes are a source for the government to finance public services, pay government obligations, and provide goods to citizens.
- The company calculates personal income tax deductions considering three elements:
- Personal situation of the employee on the payroll: The conditions of the employee (family situation, dependents, degree of disability, etc.).
- Wage payments and payroll deductions: The estimated wage accruals within the gross labour income, which is basically equivalent to your salary.
- Personal income tax (IRPF) deductions from salary: The income tax brackets for that fiscal year as determined by the Tax Office.
- Payroll deductions:
- This is for social security and health contributions. Both the employer and the employee will contribute to it. Unlike personal income tax, social contributions do not consider the personal circumstances of the worker, and the same percentage is always paid.
- The calculation of the amount paid by the employee to Social Security, is made as follows and varies according to the type of contract, the social security regime, and the professional category:
- For common contingencies: 4.7% of the wage accruals minus overtime. It is intended to cover incapacity for work due to common sickness, retirement, maternity and paternity leave, accidents at work or health care.
- For the case of unemployment: 1,55% with general contract, 1,60% full-time fixed-term contract, 1,60% with a part-time fixed-term contract.
- For vocational training: 0.1% of the contribution base and is used by the company to train you.
- For overtime due to force majeure: 2% of the contribution base.
- For other overtime: 4.70% of the contribution base.
- Personal Income Tax:
- Video
- Trade unions
- The role of the unions on the labour market
- Service to union members
- Collective bargaining and collective agreements
- Trade unions in Spain
- Workplace representation
- Other important organizations in support of migrant workers
- Unions are institutions set up for specially appointed workers to defend their colleagues against abuses by their employers.
- Trade unions are a democratic association that can be freely formed in both the public and private sectors.
- One of their main activities is to negotiate on behalf of their members on issues of common interest such as wages, holidays, working conditions, leave, etc.
- Union members must agree to pay union fees, attend meetings and join in actions (e.g. strikes) that are agreed within the organisation.
- In Spain, the most representative unions are CCOO (Comisiones Obreras) and UGT (Unión General de Trabajadores).
- They are very useful in informing workers about their rights and, especially in some cases, can help migrant workers even more to fight discrimination against them and therefore to defend their interests and their social and labour rights.
- Furthermore, trade unions have the following functions:
- Collective bargaining.
- To participate in the agreement of working conditions in public administrations.
- To participate in non-jurisdictional systems for the resolution of labour conflicts.
- To promote elections of workers' representatives.
- To participate in the planning, programming, organisation, and control of management related to the improvement of working conditions and the protection of the safety and health of workers at work, with the competent public administrations.
- The union CCOO offers on the portal (https://www.ccoo-servicios.es/) information, assistance and training services to both members and non-members.
- Here you can find information about:
- Collective agreements by sector and territory.
- Legal labour texts
- Training and guidance for students/unemployed people and employees
- Labour consultations: Topics such as occupational health, women and equality, working conditions.
- Contact with the headquarters and affiliation.
- The union UGT has a labour consultancy service together with ELPLURAL.COM regarding questions about the labour market, both in terms of access, working conditions, dismissals, rights, etc.
Enquiries can be sent via the email address https://www.elplural.com/economia/asesoria-laboral-ugt ,from where responses are processed and published every 72 hours (in asesorialaboral@cec.ugt.org).
Unions elect representatives who negotiate with the employers in the organisation where they work on issues of concern to workers. This type of negotiation is called "collective bargaining" and usually focuses on reaching agreement on the working conditions such as wages, hours, holidays that are offered to workers over a certain period.
The main national trade unions in Spain by number of members are:
- CCOO – Comisiones Obreras - https://www.ccoo.es/
- Founded in 1976, with 934.809 members, it is particularly committed to promoting and developing equal opportunities and combating gender discrimination.
- Here you can find all the information regarding union membership:
https://afiliate.ccoo.es/afiliate/afiliate.htm
- UGT – Unión General de Trabajadores - https://www.ugt.es/
- Founded in 1888 with its 941,485 members, UGT is committed to demanding a change in society based on social justice, solidarity and equal rights as principles.
- Here you can find all the information regarding union membership:
- In addition to trade union representation, Spain also has so-called unitary representation, which consists of representatives elected by workers in a company.
- Workers' participation in the company is a constitutional right enshrined in Article 129.2 of the Spanish Constitution. If there are 11 or more employees in the company, representation is compulsory.
- The tasks and functions of the unit representation are negotiating the collective and company agreement, monitoring, and controlling compliance, calling meetings, legal support.
- No representative may be dismissed or sanctioned for exercising his representative functions.
Centros de Información a Trabajadores Extranjeros (CITE)
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- CITE is an information centre for foreign workers, promoted by the CCOO trade union, which provides advice on international mobility and the social and labour rights of immigrants. The network of CITE offices provides, free of charge:
- Advice and guidance on immigration law.
- Processing of work permits, residence permits, family reunification.
- Information on the procedure for access to nationality.
- Information on first employment and knowledge of the environment.
- Advice on international mobility of workers,
- Training and awareness raising on migration issues.
- Housing and health issues
- CITE is an information centre for foreign workers, promoted by the CCOO trade union, which provides advice on international mobility and the social and labour rights of immigrants. The network of CITE offices provides, free of charge:
You can find information centres in your area at: http://www.cnse.es/inmigracion/documentos_recursos/recursos_privados/Sindicatos/CCOO/directorio_CITE.pdf
- Video
- Occupational safety
- Basic principles of occupational safety
- Working conditions
- Employee’s professional development
- Organisations for the monitoring of working conditions
- Safety at work is a right and a duty of both workers and employers and must always be present regardless of the sector, company, or job.
- It is a discipline of occupational risk prevention, the aim of which is the creation and application of measures and procedures to eliminate or reduce the risk of accidents at work.
- Every company is a workplace that must comply with regulations by the employer and have optimal conditions so that employees can carry out their work activities in the best and safest way possible.
- In Spain, safety at work is controlled according to the measures of the Law on Prevention of Occupational Risks (Ley de Prevención de Riesgos Laborales).
- Here you can find information regarding official sources in Spain:
https://www.boe.es/buscar/pdf/1995/BOE-A-1995-24292-consolidado.pdf
Every employer should be aware of the following rights and obligations regarding safety at work:
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- Knowledge of the necessary safety procedures in the company, information about changes in the country's regulations and involvement in their own safety.
- Employers must provide their employees with instruction and training on the workplace and its hazards in the workplace.
- Every company should have staff and trainers specialised in occupational risk prevention so that employees have the right knowledge to perform their jobs safely and effectively.
- Knowledge about types of risks in the workplace and the correct procedure for reporting and communicating possible risks or accidents.
- If necessary, it is the employer's duty to provide workers with the appropriate equipment and tools - Personal Protective Equipment (PPE) - and the workers' duty to claim and use it correctly.
- In Spain, the Estatuto de Trabajadores stipulates the following conditions:
- Maximum number of working hours per week: 40.
- Maximum number of continuous working hours: 9.
- Minimum rest period of 12 hours between working days.
- Whenever the length of the continuous working day exceeds 6 hours, a rest period of not less than 15 minutes must be established.
- Night shift: between 10 p.m. at night and 6 a.m. in the morning. May not exceed 8 hours per day on average in a reference period of 15 days (in addition, no overtime may be worked).
- Holidays: 30 calendar days or 22 working days.
- These are the general conditions that apply to any worker, unless, by agreement or, failing that, by company agreement, another distribution of these conditions is established.
- Here you can find further information regarding official sources in Spain:
- Educational leave (Permiso individual de formación - PIF)
- It is a paid education leave granted by the company to an employee to make use of up to a maximum of 200 working hours per academic year or calendar year, to carry out a training action that is recognised by official accreditation and without any loss of salary. The courses do not necessarily have to be related to the professional activity of the company. They are understood as training courses to improve the employee's skills.
- For further information:
https://www.ccoo-servicios.es/formacion/html/43113.html
- Training leave (Permiso de Formación)
- Employees with at least one year's seniority in the company are entitled to paid leave of 20 hours per year of training linked to the company's activity, which may be accumulated for a period of up to five years. The specifics of the leave to be taken shall be established in the collective agreement, or otherwise by mutual agreement between the worker and the employer.
For further information: https://www.mites.gob.es/es/Guia/texto/guia_6/contenidos/guia_6_14_4.htm
If your working conditions and rights as a worker are not respected by your company, you can turn to the following organisations:
- Trade unions
- Generally, trade unions play the role of facilitators in disseminating this information to workers and acting in situations where workers are helpless in the national context.
- Here you find contact details information for two of the largest trade unions in Spain:
- Labour Inspectorate (Inspección de Trabajo y Seguridad Social)
- You can file a complaint with the labour inspectorate in case of non-compliance with working and safety conditions. The employer must be informed of the incident, but the inspectorate will keep the identity of the worker who filed the complaint secret. If there is clear evidence, an inspector will come to the workplace unannounced to check that everything is in order.
- Here you find further information:
https://www.mites.gob.es/itss/web/Utilidades/FAQs/index.html
- Legal action
- You can file a report by filing a complaint in court. Here it is necessary to identify the worker (it is not an anonymous method). This can be done with legal and social assistance, professional lawyers, etc.
- Asociación Marroquí para la Integración de los Inmigrantes
- Loredana Apan
- Teresa Celestino
Asociación Marroquí para la Integración de los Inmigrantes
Non-profit organisation whose mision is working for the construction of egalitarian societies where all people, regardless their origin, beliefs or gender, can access to the same opportunities to exercise their fundamental rights. For this reason, fight to eradicate all forms of social exclusion and injustices related to the migratory phenomenon, legal counselling, reception and , social services, social guidance, training for employment and inclusion of the immigrant population in the labour market and/or in social exclusion and/or high vulnerable situations.
Loredana Apan
I am a 29 years-old English Studies graduate working as a teacher for a language school. I enjoy helping students who school or who deal with learning disabilities. The little sparkle they get in their eyes whenever they finally understand something, or they see progress after feeling stuck is very rewarding.
I was born in a small town in the north of Romania, but I have been living in Spain for over a decade. I have been switching between the small village where my family lives and Salamanca, the city which has taken me in since my first year at University.
Contact: Loredana.apan@gmail.com
Teresa Celestino
A 35 year old Mexican woman living in Spain for over eight years…
I first came to Spain as an exchange student at the University of Salamanca, after that, I decided to continue my postgraduate studies in Spain.
I am a Data Science Ph.D. candidate, with a MSc in multivariate data analysis and a bachelor´s degree in marketing. I work as a Head of Market Research and Analysis at a consultancy company located in Valladolid.
Aside from work, I also volunteer in projects that promote women in science such as Inspiring Girls or STEM Talent Girl, both focused on encouraging girls to expand their knowledge and abilities through STEM activities and talks.
Contact: ctessy@gmail.com