Working Hours in Spain

Working hours in Spain are scheduled under a maximum of 40h per week of actual work.

The calculation of these 40 hours does not include annual leave, sick leave or any other leave as son as the reason is subject to advanced notice and consequent justification to the company.

Depending on the reason for leaving, the worker salary will be reduced up to the 40% of the average salary.

Moreover, Spanish workers are allowed to work a maximum of 80 extra hours per year, excluding overtime compensated with rest time, or number of hours worked to mend unexpected and urgent damage. Extra hours may be entitled to be paid or recompensed for with equivalent paid rest time.

Holidays may not be less that 30 days a year and they cannot be replaced by financial compensation.

Public Holidays in Spain

There are 10 public holidays in Spain each year, which commemorates special days or other events. During public holidays most businesses and schools are closed. Other services, for example, public transport still operate but often with restricted schedules.

Also notice that, Public holidays dates cannot be changed or moved to the following weekend, in case they fall on a Saturday or Sunday. 13 public holidays must be planned every year; Up to nine public holidays are set by the national government, at least two more are choses locally and the rest (two more public holidays) are chosen by each municipality

The list of public holidays each year is as follows:

• New Year's Day (1st January)
• Epiphany Day (6th January)
• Good Friday (30th March)
• Labour day (1st May)
• Assumption day (15th August)
• Hispanic day (12th October)
• All Saints day (1st November)
• Constitution day (6th December)
• Immaculate Conseption Day (8th December)
• Christmas day (25th December)

Wages & Salaries in Spain

Since July 2017, the national minimum wage for an experienced adult employee is 735€ per month on a regular 40h per month basis.

• Daily Minimum Salary: 24,53€
• Monthly Minimum Salary: 735,90€
• Annual Minimum Salary: 10.302,60€ (14 payments)

Work Contracts in Spain

It is strictly recommended to create and sign a contract, which has been presented written and in two copies: one for the employee and the other one for the employer. Commonly, contracts in Spain are set for a period of time (finite contracts) although the Labour Code also allows for indefinite term contracts.

The statement of terms must include the following information:

• The full name of employer and employee
• The address of the employer
• The place of work
• The title of job or nature of work
• The date the employment started
• If the contract is temporary, the expected duration of the contract
• If the contract of employment is for a fixed term, the details
• Details of rest periods and breaks as required by law
• *The rate of pay or method of calculation of pay
• The pay reference period for the purposes of the National Minimum Wage Act 2000
• *Pay intervals
• *Hours of work
• *That the employee has the right to ask the employer for a written statement of his/her average hourly rate of pay as provided for in the National Minimum Wage Act 2000
• *Details of paid leave
• *Sick pay and pension (if any)
• *Period of notice to be given by employer or employee
• *Details of any collective agreements that may affect the employee's terms of employment

Termination of Employment in Spain

The length of notice you are entitled to give notice of will depend in the first place on your contract of employment.  You and your company need to consider, in advanced and under a sign form (which it can be the contract itself) whether or not there is an obligation to give notice of termination of a contract of employment and whether or not they are obliged to comply with any notice periods referred to.

In Spain, as any other member of the EU, the period of notice is connected to the length of continuous service. Unless otherwise arranged, the obligation period to give notice of termination by the employer varies from 14 days to 6 months. However, as an employee, you will be asked to give notice of your leaving between 14 and 30 days in advanced.

Time Off  and Annual Leave in Spain

Your annual leave or holidays from work rights are set out in legislation and must be described in your contract.

Spanish annual leave is currently set in collective agreements or individual contracts and may never be less than 30 calendar days. Moreover, it cannot be replaced by financial compensation.
Wherever possible, the holiday schedule is fixed in each company by mutual agreement between the parties.

Legislation gives various entitlements to leave from work. These include; annual leave, public holidays, maternity leave, paternity leave, adoptive leave, carer's leave, parental leave and others.

It is also important to note that the periods of leave provided for by legislation are the minimum entitlements only, consequently, you and your employer may agree to additional entitlements (extra days might be taken from the 30 calendar annual days off or be unpaid).

Check out the Spanish working conditions at the European Job Mobility Portal for further information.

Work Permit in Spain

Technically a EU resident doesn't require a work permit to work in Spain, but he does require a residence card, which is usually issued for five years.

However, a non-EU foreigner who carries out an activity for monetary gain (fines lucrativos) in Spain requires a work permit and a residence card (issued simultaneously for the same duration).

A work permit (permiso de trabajo) for a non-EU national is initially valid for one year, after which a five-year permit may be issued with no longer restricting the holder by area, activity, employer or industry.

Spouse and children under 21 years of age of a non-EU work permit holder are also granted certain rights to work in Spain.

• EU Nationals: If you're a EU national you can enter Spain as a tourist and register with the Spanish national employment office "Instituto Nacional de Empleo/INEM" as a job-seeker. When you're offered a job, you should obtain an employment contract (contrato de trabajo), which is necessary when applying for your residence card
• Non-EU Nationals: Non-EU nationals must obtain a visa for the purpose of employment before arriving in Spain, the granting of which is subject to the approval of the work permit. When applying for a visa, a copy of the application form, passport and medical certificate certified by the consulate are returned to the applicant as proof of his application. The applicant must send it to the prospective employer in Spain with other relevant documentation, who then applies for a work permit to the provincial office of the Ministry of Labor (Delegación Provincial del Ministerio de Trabajo). A position must have been advertised to EU citizens through the INEM before it can be given to a non-EU citizen and a work permit will be issued only when it's demonstrated that there isn't an unemployed EU citizen available to do the job. The employment of non-EU nationals must be approved by the Ministry of Labour and Social Security (Ministerio de Trabajo y Seguridad Social), who can propose the employment of a EU national in place of a non-EU national. Ministry of Labor must also approve the applications, where the prospective employer is registered.

Further information regarding procedures can be found at Hiring foreign workers in Spain guide.

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