Working in Spain

Employment Contract

(contrato de trabajo)

Workers in Spain enjoy a strict protection of their rights, which are enshrined in minute detail in their contracts. It is advisable that those seeking work make sure they are provided with a contract that correctly specifies their job description, rights and responsibilities.

To legally work in Spain you must either be autonomous or hold a contract. Work contracts are typically in Spanish, it is to your advantage to have it translated if your understanding of Castilian is shaky.

There are Two Main Contracts:

A short term contract stipulates the contracted period, they can vary from three, six, nine months or twelve months depending upon the nature of the job. Infrequently offered are indefinite term contracts which have greater workers' rights and are usually extended after an employee has successfully held several short term contracts.

Many contracts accommodate a siesta period between 14:00 and 17:00 in the afternoon. The Work Ministry of each region publishes the "convenios," guidelines that define the established legislation applicable to each type of employment.

On many one-year contracts, there are 14 or 15 monthly payments with extra pays at Easter and Christmas and sometimes for the month of August. All contracts stipulate the number of paid holidays.

At the termination of a contract, depending upon the length of employment, employees are generally granted a severance payment, a "finiquito," which is equivalent to the wages for 45 days work per employment year.

In the case of wrongful dismissal, employees are entitled to present a demand for conciliation within 20 days, but obviously the sooner presented, the better. This is a prejudicial process, reliant on an agreement between the two parties. If no agreement is reached, you may place a suit before the Labour Court (Juzgado de lo Social.) If the court finds in your favour, you will receive 45 days compensation for every year of your employment. If you remain unsatisfied, you have five days to file for recourse.

Working Hours and Holidays

The standard working week is 40 hours and overtime can go up to 43 hours. The normal working day is split in half and includes a two or three hour afternoon siesta and a later finishing time. In summer, working hours may change. Although not tremendously enforced, employees are entitled to a rest break after 4 to 6 hours in accordance with the established agreement of their profession.

In Spain, overtime is not compulsory and can never exceed 80 hours a year. Overtime should be paid at normal rate plus a minimum of 75% of normal hourly rate. Time off may be given in lieu of overtime but there must be a written agreement beforehand.

Employees are entitled to a minimum of 2 and a half days off each month plus bank holidays. A full time employee is entitled to one month's paid annual holiday (30 days.) There are 14 legal paid holidays a year: 10 nationwide, 2 autonomous (regional) and 2 local.

When a holiday falls on a weekend, another day is not usually granted unless the number of public holidays that year falls below a certain number. It is advisable to check with your employer what the allowances are in your workplace.

Cost of Living & Quality of Life

If you open your first wage packet and feel slightly aggrieved, bear in mind that while wages in Spain tend to be lower than those earned in the UK, living costs are lower and the general standard of living is higher. Spain does enforce a minimum wage, which from July 2004 was set at 17.10€ per day, or 513€ per month.

Benefits

As a contracted employee, your employer deducts the corresponding taxes and Social Security contributions and pays them directly to the official offices. You should receive monthly documentation of these payments.

Minimum deductions come to around 8.4%, which breaks down to 2% IRPF (tax, which is proportional to salary with a limit of 45%) and 6.4% Social Security contributions. Fringe benefits for contracted employees include health coverage under social security, workmen's compensation, unemployment and retirement.

Useful Numbers

UNEMPLOYMENT CAREER FORMATION

Instituto Nacional de Empleo (INEM), Tel: 952 134 000
Málaga; Avda. Andalucía, Tel: 952 320 050
Málaga; el Palo, Tel: 952 290 166
Marbella, Tel: 952 820 462
San Pedro de Alcántara, Tel: 952 781 325

A complete listing of offices is online at: www2.inem.es/general/dirinte/asp/dirinte.asp or www.inem.es.

Workplace Safety and Hygiene Institute

Instituto Nacional de Seguridad e Higiene en el Trabajo (INSHT)

Tel: 913 634 100
www.mtas.es/insht/index.htm

Employers' Organisation

spanish confederation of the small and medium enterprises
Confederación Española de la Pequeña y Mediana Empresa (CEPYME)

Tel: 954 488 900
www.cepyme.es

confederación de empresarios de málaga

Tel: 952 060 623
www.cem-malaga.es

Workers' Organisation

comisiones obreras CCOO

Tel: 952 226 600
www.ccooMalaga.org

unión general de trabajadores UGT

Tel: 900 506 827
www.ugt-andalucia.com/malaga

The Junta is an invaluable resource for telephone numbers and referrals

Junta de Andalucía

Tel: 902 505 505