Labor law in Spain: What should every Pole know?

If you are planning to work in Spain, it is worth familiarizing yourself with the basic principles of Spanish labor law. It differs in many respects from Polish laws, so knowledge of local regulations can protect you from misunderstandings and ensure your safety in the labor market.

Types of employment contracts

There are several types of employment contracts in Spain. The most important of these are:

• Contract for an indefinite period (Contrato indefinido): This is the most stable form of employment, with no specific end date.
• Fixed-term contract (Contrato temporal): Applies to seasonal work, replacements or projects of a specific duration. Time limits apply for this type of contract (maximum 24 months within a 30-month period).
• Probationary contract (Contrato de prácticas): Designed for young people or graduates, it allows you to gain work experience. Usually lasts from 6 months to 2 years.

Any contract should be in writing and clearly specify the terms of employment: salary, working hours, position and other relevant issues.

Minimum wage

Spain has a statutory minimum wage that changes annually.

In 2024, the minimum wage was €1,323 gross per month for 12 payments for full-time employees. The salary can be paid in 12 or 14 installments per year, depending on the provisions in the contract.

Working time and overtime

The standard work week in 2024 was 40 hours, although in some sectors it could be shorter. Daily working hours should not exceed 9 hours, unless otherwise agreed in a collective bargaining agreement. Overtime is limited - a maximum of 80 hours per year - and should be paid extra or compensated with time off.

Holidays and days off

Employees in Spain are entitled to a minimum of 30 calendar days of vacation per year, regardless of the number of hours worked. It is worth noting that calendar days include weekends and holidays. In addition, the country has about 14 public holidays, including eight days of national holidays.

Social security

An employer in Spain is required to report an employee to the social security system (Seguridad Social). Contributions include health, pension, accident and unemployment insurance. The employee does not have to make these contributions himself, as the employer deducts the appropriate amounts from his salary and remits them to the authority.

Layoffs and severance packages

In Spain, the dismissal of an employee must be properly justified, for example, for economic, organizational or misconduct reasons.

In the case of unjustified dismissal, the employee can claim compensation or reinstatement.

If the dismissal is justified, the employee is entitled to a severance payment of 20 days' salary for each year worked (up to a maximum of 12 months' salary).

Right of association

Every employee has the right to join a labor union.

In Spain, unions play an important role in collective bargaining over wages, working conditions and other labor rights.

What to do in case of problems?

In case of conflicts with the employer, the employee can turn to the Labor Inspectorate (Inspección de Trabajo y Seguridad Social) or the labor court. It is important to keep all employment documents, such as contracts, pay slips or correspondence with the employer.

Knowledge of Spanish labor law is the key to success and feeling secure in the labor market. If in doubt, consult a legal advisor or a labor support organization. This will help you avoid potential problems and make full use of your rights.