Labour and Work issues can be extremely diverse, so if you feel that your working conditions or contract is being compromised- contact a lawyer,
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 conditions
- 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
- Both parties receive a copy of the 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 DMG Law Office - info@solicitorsinspain.ie