🇪🇸 Spain · Employment & Labor
Hiring rules, employment contracts, payroll, social insurance, and EOR options.
Quick answer
Spanish employment is governed by the Workers' Statute: a national minimum wage (SMI), 30 calendar days' paid holiday, and dismissal that requires cause and severance (typically 20 or 33 days' pay per year). Most contracts are now permanent after the 2021 reform; sector collective agreements (convenios) apply, and disputes go to the social courts.
Employment in Spain is governed by the Workers' Statute; the State Public Employment Service (SEPE) manages job-seeker registration, benefits and support.
- The Workers' Statute sets contracts, working time, holidays and dismissal rules.
- SEPE handles unemployment benefits and job-seeker registration.
- Employees are covered by the social-security system funded through payroll.
Step-by-step
- 1
Check your contract and convenio
Confirm whether your contract is permanent (indefinido) or temporary (now limited to specific cases), and which sector collective agreement (convenio) applies.
- 2
Know your pay and hours rights
You must receive at least the SMI (or the higher convenio rate), with a maximum 40-hour average week, overtime limits and extra pay periods (pagas extra).
- 3
Understand leave entitlements
You are entitled to 30 calendar days' paid holiday a year, public holidays, and paid leaves for family and personal reasons.
- 4
Register with Social Security
You are enrolled in the general Social Security scheme, with contributions on your payslip (nómina).
- 5
Know the dismissal and severance rules
Dismissal requires a valid cause; objective dismissal pays 20 days' salary per year and unfair dismissal 33 days (with legacy caps), settled in the finiquito.
- 6
Resolve disputes at the social court
Attempt conciliation (SMAC) first, then bring claims to the social court (Juzgado de lo Social).
Checklist
- Contract type (indefinido / temporary) + applicable convenio
- SMI or convenio wage + extra pay periods
- 40-hour average week + overtime limits
- 30 calendar days holiday + paid leaves
- Social Security enrolment
- Dismissal cause + severance (20/33 days) + finiquito
- Anti-discrimination protections
- Dispute route (SMAC conciliation / Juzgado de lo Social)
Official authorities
- Servicio Público de Empleo Estatal (SEPE)
State public employment service.
Frequently asked questions
How much holiday am I entitled to?
At least 30 calendar days of paid annual leave per year.
What severance applies on dismissal?
Objective (justified) dismissal pays 20 days' salary per year of service; unfair dismissal 33 days, subject to caps.
What is a convenio colectivo?
A sector or company collective agreement that sets pay and conditions above the statutory minimum for covered workers.
Official-information aggregation, not legal advice. Always verify on the authority's own site.
Government portals
- General Access Point (administracion.gob.es) — Central portal for Spanish public administration services
- Immigration e-Office (Extranjería) — Residence, foreigner ID (NIE/TIE) and immigration procedures
- Tax Agency (Agencia Tributaria) — Spanish income tax (IRPF) and VAT (IVA) filing
- Ministry of Foreign Affairs (visas) — Visa applications abroad and consular services