HEALTHPLAN MAGAZINE

Guide To Employment Contracts in Spain Expat Tips

Spain prides itself on its employee rights. With this in mind, employment contracts in Spain are taken seriously, with employment being highly regulated. If you've been offered a job in Spain, then it's essential that you know your rights and what your contract entails and how it protects you and your employer.

Due to the regulation, written contracts are the most popular form of agreement. Verbal agreements are rare because employment contracts must be sent to the Public State Employment Service within ten working days of commencement.

Information in your Employment Contract

Due to the complexities of employment in different industries, your contract will be defined by a specific category which entails its own particular regulation. This is called the Convenio Colectivo. Typically, this will include regulated information such as;

  • Working hours
  • Location of work
  • Start and end dates of the contract
  • Number of holiday days
  • Period of notice for both the employer and the employee
  • Salary, supplements and benefits.

Sick days are not typical in Spanish employment contracts. If you are sick, your doctor will usually issue a Baja. Your Baja will mean that social security will cover your salary during the time you are off work.

Types of Employment Contract

Indefinite - This kind of contract is highly regarded in Spain as it includes severance pay for redundancy, up to a maximum of 42 months' salary. With this contract, it is very difficult to let go of people. Without another form of contract, this will be the presumed contract.

Indefinite with Incentives – This contract is offered to specific demographics such as workers with disabilities and workers who have been unemployed for over a year. This contract provides tax benefits and subsidises the employer's social security contribution.

Temporary – These contracts will be issued for project work or a temporary service. An employer can only issue up to a six-month contract in a twelve-month period. Temporary contracts are used to cover employees and may also be used for training or casual work.

Work Experience - the worker must hold a university or vocational qualification, and the studies must have been within the last four years for a work experience contract to be issued. These contracts must run for at least six months, but no longer than two years.

Training – For those between 16-21, a training contract can be issued to those who lack qualification and prevent a work experience contract from being issued. Like the work experience contract, a training contract must be at least six-months long, but cannot exceed two years.

What Is a Typical Contract in Spain?

The normal conventions for a typical contract in Spain would be;

  • A 40-hour working week
  • 14 annual payments (a monthly salary and extra payments in July and December)
  • 30 days holiday + 14 public bank holidays
  • Time is given for marriage (15 days), the birth of a child (2 days), bereavement (2 days) moving home (1 day) and 16 weeks for maternity leave.
  • 45 days redundancy pay for each year that the employee has worked for the company.

Workers also have other employment rights under Spanish labour laws, which includes Statutory Sick Pay, Statutory Paternity Pay, a minimum wage and unemployment benefits. For further details, please see our other article http://www.healthplanspain.com/blog/expat-tips/500-working-in-spain-a-guide-to-finding-employment-in-spain.html