Hire in Spain

Employer of record in Spain

If a lack of speed or local expertise are among your top concerns when expanding to or employing workers in Spain, an employer of record may be the best option for achieving your global growth objectives. 

An employer of record, sometimes known as an international PEO, enables you to quickly hire and onboard workers in Spain―often in as little as two weeks―without having to take on the cost and risk of establishing a local entity. 

Learn about the hiring, employment, and benefits requirements for workers in Spain and how our employer of record service, EOR, and local HR experts can help you manage your international employment needs.

Hiring in Spain

In Spain, employment is regulated primarily by the Statute of Workers, which provides for strong worker protections and requires great attention to detail for employers. Collective bargaining agreements, known as the convenio colectivo, regulate labor standards by job type like legal salary range, working hours and vacation days, and they have a big impact on the terms and conditions of employees at work.

Employment contracts in Spain

As you look to hire employees in Spain, here are some common regulations you’ll need to know to create a compliant contract, as well as how an employer of record and PEO can provide support for your unique HR needs.

Working hours

Employment contracts will need to address the maximum allowable working hours for employees. Collective agreements may limit the number of working hours allowed, but the Statue of Workers permits no more than 40 hours per week on average, and no more than nine hours per day.

Workers are entitled to an uninterrupted rest period of at least 12 hours between shifts. A weekly rest period of a day and a half is required, generally including all day Sunday plus Saturday afternoon or Monday morning. 

Employees required to work more than six uninterrupted hours are entitled to a minimum 15-minute break.

Employees under 18 years of age may work a maximum of eight hours per day and must be given two days’ rest per week and a 30-minute break if their working day exceeds four and a half continuous hours.

Compensation

As you consider the appropriate salary to offer new employees, keep in mind:

• Spain will raise the interprofessional minimum wage (SMI) monthly minimum monthly wage by 5% to 1,134 euros (US$1,221.31), for 14 payments. Or €1,080 when the salary is split into 12 monthly payments and two bonuses.
• The change in IRPF withholding would affect incomes of up to 22,000 euros (US$23,686).
• Collective agreements may regulate the legal salary range.

As your employer of record in Spain, we can provide you with resources and insights about employee compensation, so you are better equipped to make a competitive employment offer.

Bonuses

Spanish employees are entitled to two extra payments a year—in addition to their annual salary. Employment contracts can be made for an employee’s two extra payments to be issued on a pro-rata basis throughout the year, although they are typically given at Christmas and before summer vacation.

Probationary period

A probation period of two to six months may be agreed to in an employment contract.

Termination and severance

For an indefinite employment contract, termination in Spain must be justified or you may be required to reinstate the employee or pay severance and damages.

Employees unfairly terminated, meaning there is inadequate proof of the cause of dismissal or the cause does not justify dismissal, are entitled to:

• Severance compensation equal to 33 days of salary for each consecutive year of employment up to 24 months or reinstatement
• Six hours of paid leave per week during the advance notice period to find a new job

Employee benefits and paid leave in Spain

When negotiating terms of an employment contract with a candidate in Spain, here are some of the statutory benefits and paid leave requirements to keep in mind, as well as how an employer of record can support your company’s benefits strategy.

Maternity leave

Pregnant employees are entitled to 16 weeks of maternity leave and two extra weeks per child if there are multiple births. The social security system pays 100% of the employee’s social security contribution base during maternity leave.

Employees can request a suspension of their employment contract for up to 15 months to provide child care, and employers must reserve their position until they return.

Vacation

Employees are entitled to a minimum of 30 days of annual paid leave, which can be increased by collective agreements or individual employment contracts.

If an employee’s holiday period coincides with a temporary disability like pregnancy, childbirth or breastfeeding, the employee is entitled to take paid vacation at another time within the same year.

Holidays

The following holidays are observed nationwide:

• New Year’s Day
• Good Friday
• International Workers’ Day
• Feast of the Assumption
• Spanish National Day
• All Saints’ Day
• Spanish Constitution Day
• Christmas Day

Employees are entitled to 14 public holidays per year, including all eight national holidays plus four regional and two local holidays. The Spanish government may elect to observe holidays that fall on a weekend the following Monday.

Sick leave

In the event of occupational illness or accident, the social security system pays 75% of the employee’s monthly compensation beginning on the second day of absence. 

With illness or injury not related to work, employees are entitled to 60% of their monthly wages beginning on the fourth day of absence. Benefits equal to 60% of the monthly salary are paid by the employer from days four through 15 and by the social security system for days 16-20. Beginning on day 21, benefits go up to 75% of monthly wages and are paid by the social security system.

Collective agreements may provide additional benefits, which require the employer to pay the difference between the social security allowance and the employee’s salary.

Health coverage

Health insurance for Spanish employees is funded by social security, but some professionals, especially executive employees, often request supplementary health and life insurance or an allowance in lieu of additional coverage.

Additional benefits

In addition to medical care, the Spanish social security system funds numerous benefits, like workers’ compensation, hospitalization, retirement pensions, disability payments and unemployment compensation.

Employer social costs will cover a large portion of employee benefits in Spain, but we can consult with you about supplemental coverage options, such as additional pension contributions or life insurance, if needed.

Updated: February 15, 2024

Employee onboarding with an employer of record in Spain

We write and validate all local employment contracts, streamlining the onboarding process for you and your Spanish employees—all you have to do is provide relevant information and review and approve the employment agreement.

As your employer of record in Spain, we will:

• Schedule a welcome call to discuss HR and employment information for Spain, as well as answer any questions
• Prepare a customized employment contract in English and in Spanish (or other local language)
• Share the employment contract and benefits information with the new employee for signature and review
• Gather tax and banking information from the employee to set up payroll
• Provide a local point of contact to the employee to answer any questions regarding their employment, local HR or payroll

The entire onboarding process for the employee is often completed in as little as two weeks.

Partner with Safeguard Global as your Spain employer of record and PEO

With over a decade of service, we are the longest-serving employer of record and PEO provider in the international market. Organizations around the world rely on EOR, our employer of record solution to expand and hire in over 170+ countries around the world, quickly and compliantly. 

We’ve seen just about every global employment circumstance imaginable—and with our extensive knowledge of local law and culture, we know what it takes to get employment right in Spain. We provide written contracts in the local language, salaries in the local currency and HR support in your employees’ time zone.

Additionally, as a global payroll provider we support payroll administration—including payments, filings and other calculations— all around the world and can accommodate the payroll outsourcing needs of any size organization.

Whether you’re looking to hire as part of a strategic expansion or to meet specific talent needs, our global solutions advisors can walk you through your international hiring options so you can make the right choice for your organization. Contact us today.

Disclaimer

The information provided on or through this website is for informational purposes only and does not constitute legal advice. Safeguard Global expressly disclaims any liability with respect to warranty or representation concerning the information contained herein, including the lost essence, interpretation, accuracy and/or completeness of the information in transit and language translation.