What you'll learn
Spain is a country located in the Iberian Peninsula in western Europe, bordered by Gibraltar, France, Andorra, and Portugal. Spain is the world’s 2nd-most visited country, and Spanish art, music, literature, and cuisine have been influential worldwide (as well as its coffee).
Spain is a developed country with a high-income average and advanced economy, and its healthcare system is renown for its quality and efficiency. At the end of 2022, Spain launched a digital nomad visa program.
Employment Terms
Types of Contracts
Indefinite only; fixed-term contracts are only to be used for special justified situations (such as maternity cover).
Working Hours
The standard working hours in Spain are 40 hours per week.
Overtime
Overtime should be reduced to a minimum in Spain. However, if there is a solid cause for the overtime, such as a rise in workload, employees are entitled to an equivalent number of paid hours off to the amount of extra worked. These paid hours off must be used within the same calendar year.
Minimum Wage
The minimum wage in Spain is 1,260 EUR per month.
Probation Period
The maximum probation period is 6 months. During probation, there is no notice period.
Taxes & Local Employment Costs
Employee Taxes
Employees are subject to income tax, which varies due to several aspects of their personal situation. For information on personal income taxes, see here. Employees must additionally make a social security contribution of 6.45% of their gross salary.
Employer Taxes & Contributions
Employers must make contributions to social security of 31.9% of the employee’s gross salary, which covers the following:
- Public health service
- Contribution to pensions
- Unemployment coverage
- Work accident insurance
- Some professional training
The employer must also provide or negotiate by law:
- The equipment for working remotely
- Remote working allowance: minimum EUR 17 per year
- Health & Safety service for preventing workplace risks, which includes training and medical checks: approximately EUR 120 per year
Types of Leave
Annual Leave
The statutory minimum number of annual leave days in Spain is 23 working days per year.
Sick Leave
Employees are entitled to sick leave, with the following rules on pay depending on the length of leave:
- 0-3 days = 0%
- 4-15 days = 60% of wages (paid by employer)
- 16-20 days = 60% of wages (paid by social security)
- 21-365 days = 75% of wages (paid by social security)
From the 30th day onwards, temporary disability benefits kick in, and the employer must supplement these up to 100% of the employee’s salary for a maximum of 12 months.
Parental Leave
Pregnant employees are entitled to 16 weeks of maternity leave in Spain, of which at least 6 weeks must be taken after the birth. Employees will receive benefits from social security while on maternity leave, usually equal to 100% of the average wages.
Fathers are also entitled to 16 weeks of paid paternity leave paid by social security, and both parents in same-sex couples are entitled to paid leave.
Other Leave
Employees will receive the following amount of paid leave in the following situations:
- 2 days: For the birth and/or death of a child,
- 2 days: For an accident or serious illness
- 2 days: For hospitalization or surgical intervention without hospitalization that requires home rest, of relatives up to the second degree of consanguinity or affinity. If the employee needs to travel for this purpose, they will receive 4 days of paid leave.
- 4 days: In case of the death of a spouse, parents, or children, including any necessary travel during this period.
- 1 day: For relocating to a new residence.
- Indispensable time: When performing a public or personal duty that can't be avoided. The employer can place an individual on leave if fulfilling their obligations prevents them from working for over 20% of scheduled hours in 3 months. Any pay earned during this time will be subtracted from their previous salary.
- 4 days: To carry out union or personnel representation functions as defined by law and in the agreement.
- 4 days: For the time necessary to carry out prenatal exams, childbirth preparation, and adoption-related duties. In addition, for attending mandatory sessions or fulfilling responsibilities related to adoption or foster care.
Public Holidays
There are 14 public holidays in 2023 for Spain, though these vary according to the region; see here for a list.
Benefits
Summary
Employers in Spain can typically offer the following benefits:
- Medical Insurance
- Car Allowance
- Health Allowance
Termination Process
Notice Period
During probation, there is no notice period. After probation, the minimum notice period is 15 days for both employer and employee.
Pay in lieu of notice is possible.
Statutory Payments
Employees are entitled to a payment of 33 days of the monthly wage for each year of service, which should be paid in the final salary. Any unused vacation days should be paid in the final salary.
Additional Information
It’s mandatory for employers to give out 13th-month and 14th-month salary bonuses each year, both equal to 1 month of pay. These are normally paid out in July and December.