Can You Hire Someone In Spain If You Are Self-Employed?

Self-employed in Spain and thinking of bringing someone on board? Whether you want to take on your first employee, hire a family member, or contract a fellow freelancer, Spanish law allows it—provided you follow the correct procedures. Here’s what you need to know in 2025 to do it legally and efficiently.

Steps to Legally Hire Someone in Spain as a Self-Employed Person

Step 1: If this is your first time hiring, you must register as an “empresario” (employer) with both the Agencia Tributaria (tax office) and Seguridad Social (TGSS).

Step 2: You’ll need to submit Form TA.6 and then Form TA.7 to obtain your Código Cuenta de Cotización (CCC), which identifies you as an employer.

Step 3: When you're ready to hire, register the new employee with Social Security using Form TA.2/S. You’ll need their DNI/NIE, Social Security number, and bank details. If they’ve never worked in Spain before, they’ll need to obtain a Social Security number first.

Step 4: Register the signed employment contract with the Public State Employment Service (SEPE) within 10 calendar days via the Servicio Contrat@ platform.

Only once these registrations are complete can the employee legally begin working for you.

Understanding Contracts, Wages, and Social Security Contributions

You can choose from various contract types including indefinite, temporary, or part-time. A full breakdown is available here.

Social Security contributions are typically around 30% of the employee’s base salary. Use the official calculator to estimate your monthly cost. Payment must be made monthly via direct debit.

Be aware that wages must align with collective bargaining agreements in your industry—paying below these amounts could lead to legal trouble or backpay claims.

What Happens If You Don’t Register the Employee?

Hiring someone “off the books” can result in serious penalties. Fines range from €3,126 to €10,000 per employee, with harsher sanctions for repeat offenders or those found exploiting vulnerable workers. Your business could also be excluded from public contracts or government grants.

Can You Hire a Family Member?

Yes, but most family members living with you must be registered as an Autónomo Colaborador—not regular employees.

This status applies if the relative:

• Lives at the same address
• Is related by blood, marriage, or adoption up to second degree
• Works with you regularly
• Is over 16 years old
• Is not already registered as self-employed

Collaborators don’t submit invoices, pay quarterly VAT, or IRPF, and they can’t set up their own clients. You pay their social security under your employer account. If they don’t live with you or receive a formal salary, they must be hired with a formal contract.

Hiring Limitations by Business Type

Your business activity determines how many people you can hire. Some examples:

• Restaurants – Up to 10 employees
• Cafeterias – 8 employees
• Bakeries – 6 employees
• Fruit and veg retail – 5 employees
• Office supply shops – 4 employees
• Industrial machinery repair – 2 employees
• Street kiosks – 2 employees

You can find a full breakdown by business type here.

Hiring Freelancers Instead of Employees

You can contract another self-employed person (autónomo) to do project-based work. This is a commercial relationship—not an employment one.

The freelancer must issue invoices and cannot be assigned set hours, a fixed salary, or long-term exclusive work. Doing so may trigger a “false self-employment” investigation by the authorities, which could result in fines, backdated contributions, and mandatory conversion to a formal employment contract.

Can a Digital Nomad or Non-Resident Hire Someone in Spain?

Yes, but with extra red tape. If you reside outside Spain and are registered as self-employed in your home country, you may need to register a local branch or legal entity in Spain before hiring.

Non-resident autónomos must still register with the Spanish Social Security and tax authorities if hiring locally. For those on a Digital Nomad Visa who’ve registered as autónomos, you can generally hire one or more workers, provided you're meeting Spanish tax and social security obligations.

We recommend speaking with a gestoría or labour lawyer for this scenario to avoid triggering double taxation or immigration compliance issues.

Will You Lose Your Tarifa Plana?

No. Hiring someone doesn’t disqualify you from the Tarifa Plana scheme, which allows new autónomos to pay reduced social security for the first 12–24 months.

As of 2025, the Tarifa Plana is:

• €80/month for the first 12 months
• Extended discount in some autonomous communities based on income

More on this is covered in our guide to registering as self-employed in Spain.

Need Health Insurance to Cover Yourself or Employees?

If you're setting up as self-employed, having the right private health insurance can be a legal or practical requirement—especially for residency applications. We recommend the Sanitas Professional Plan if you prefer no co-payments or are applying for residency, or the Professional Plus Plan if you're already have residency in Spain and prefer lower premiums.