Labour & Work Issues


Labour and Work issues can be extremely diverse, so if you feel that your working conditions or contract is being compromised – contact a lawyer

Labour & Work Issues the following information is intended as a guideline only, always seek legal advice. To work in Spain legally, you should possess the relevant residency criterion, which will differ according to your origin:

EU Nationals – can enter Spain and register with the Instituto Nacional de Empleo (labour Office) or regional labour agency to find work – you have 90 days in which to do this. If you find work you have to apply for your Residence card.

Non EU Nationals – To enter Spain a Visa and valid passport are required, in addition a contract or offer of work in Spain – in the form of a pre contract signed by both parties or letter from the prospective employer. Once in Spain the non EU national would be required to obtain a residency permit.

Employment contracts will invariably be in Spanish and should:

Details of employer and employee
Length of contract with specific commencement date
Description of working conditionsBoth parties receive a copy of the contract.
Place of employment
Hours
Rate of pay
Type of contract
Professional capacity
Whether there is a trial period
Holiday allowance
Dismissal policy
possibility to renegotiate new contract

Working conditions vary but basic rights include:

A standard working week of 40 hours, although this can vary according to occupation
Standard weekly rest period should be one and a half days ( 2 days for minors) – although this varies according to occupation
Standard day is said to be 9 hours with a minimum period of rest between working days of 12 hours

Horas extraordinarias (overtime), banned for minors and restricted by law to 80 hours annually unless otherwise negotiated under the collective bargaining procedure where the workers are compensated by a prescribed means – time off in lieu or financial compensation.

National holidays – 14 days annually – two off these are local fiestas.
Vacations – dependent upon what is prescribed by the collective bargaining of the profession this is stated as 30 paid days annually.
Salaries are paid monthly – generally with two extra payments in June and December.
With a myriad of legal possibilities – If you feel that you or the contractual obligations you have signed up to have been compromised it is imperative to obtain sound legal advice -contact Law Office Spain –

Read more