Working in Spain as an Immigrant

Spain’s labor market has strong employee protections, generous vacation allowances, and a minimum wage that has risen significantly in recent years. Whether you’re coming as a skilled professional, a seasonal worker, or a remote employee transferring to a Spanish office, understanding the employment system is essential.

This guide covers employed work (trabajo por cuenta ajena). If you plan to work for yourself, see the Autónomo Self-Employment Guide.

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Types of Employment in Spain

Empleado por Cuenta Ajena (Salaried Employee)

The most common arrangement. You work for an employer under an employment contract (contrato de trabajo), receive a fixed salary, and your employer handles Social Security contributions and tax withholdings.

• Social Security: Employer pays ~30% on top of your gross salary; you pay ~6.35% from your gross salary
• Tax withholding: Your employer withholds IRPF (income tax) from each paycheck based on your salary and personal circumstances
• Payslips: You receive a nómina (payslip) each month — keep all of them

Autónomo (Self-Employed / Freelancer)

Working independently under Spain’s self-employment regime. You handle your own Social Security contributions, quarterly tax filings, and invoicing.

• Full details in the Autónomo Self-Employment Guide
• Relevant if you freelance, consult, or run a small business without creating a company

Funcionario (Civil Servant)

Public sector employment obtained through competitive exams (oposiciones). These positions offer exceptional job security and benefits, but access is limited:

• Nationality requirement: Most oposiciones require Spanish or EU/EEA nationality
• Degree recognition: Foreign degrees must be homologated to qualify
• Exams: Highly competitive, often requiring months or years of preparation
• Benefits: Lifetime job security, generous pensions, shorter working hours in many positions

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Employment Contracts

Spain’s 2022 labor reform (Reforma Laboral) fundamentally changed the contract landscape. The key change: indefinite contracts are now the default. Temporary contracts are restricted and heavily regulated.

Contrato Indefinido (Permanent / Indefinite)

• The default contract type since the 2022 reform
• No expiration date — the employment relationship continues until either party ends it
• Severance on unfair dismissal: 33 days of salary per year worked (capped at 24 months)
• Includes a probation period (see below)

Contrato Temporal (Fixed-Term)

Temporary contracts are now limited to two specific scenarios:

• Production circumstances (circunstancias de la producción): Seasonal spikes or unforeseeable demand. Maximum 6 months (extendable to 12 by collective agreement).
• Substitution (sustitución): Covering for another employee on leave (maternity, sick leave, etc.)

Contrato Fijo-Discontinuo (Seasonal Permanent)

• For recurring seasonal work (tourism, agriculture, events)
• Technically an indefinite contract, but work is performed only during certain periods
• Replaced many former obra y servicio contracts after the 2022 reform
• You maintain seniority and Social Security rights during inactive periods

Contrato de Formación (Training Contract)

Two variants for younger workers and career changers:

• Formación en alternancia (dual training): Combines work with formal education. For workers 16-30 with no relevant qualification. Duration 3 months to 2 years.
• Contrato de prácticas (internship contract): For recent graduates (within 3 years, or 5 years for people with disabilities). Salary: at least 60% of the equivalent full position in year 1, 75% in year 2.

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Work Permits — Who Can Work in Spain?

Your right to work in Spain depends entirely on your immigration status:

Visa Types That Authorize Employment

Visa / Permit	Can Work as Employee?	Can Be Self-Employed?	Notes
Digital Nomad Visa	Yes (for non-Spanish employers)	Yes (max 20% Spanish clients)	Cannot work for a Spanish company
Non-Lucrative Visa	No	No	Work is prohibited
Entrepreneur / Startup Visa	As company director only	Yes	Must run the approved business
Student Visa	Up to 20 hours/week	No	Must not conflict with studies
Arraigo Social	Yes	Yes	After 3 years of residence
Family of EU Citizen	Yes	Yes	Same work rights as the EU citizen
Employer-Sponsored Work Permit	Yes (tied to employer)	No	Most common traditional route

Employer-Sponsored Work Authorization

The traditional path for non-EU workers: your Spanish employer applies for an Autorización de Residencia y Trabajo por Cuenta Ajena on your behalf.

Requirements for the employer:

• The company must be registered and active in Spain
• The position must appear on the Catálogo de Ocupaciones de Difícil Cobertura (hard-to-fill jobs list) or the employer must prove they could not fill the position with a Spanish/EU worker (negative job market report from SEPE)
• The employer must be current on tax and Social Security obligations

Requirements for the worker:

• No criminal record in Spain or previous countries of residence
• Not be in Spain irregularly (unless applying from your home country or under an arraigo pathway)
• Relevant qualifications for the position

Process timeline:

1. Employer submits application at the provincial Oficina de Extranjería — 1-3 months for resolution
2. Worker receives notification and applies for a visa at the Spanish consulate in their home country — 1-2 months
3. Worker enters Spain and must register with Social Security and obtain TIE within 30 days

Modifying Your Permit to Allow Work

If you hold a non-lucrative visa or student visa and receive a job offer, you can apply for a modificación de la situación de residencia (permit modification) to switch to a work permit:

• Non-lucrative to work permit: After 1 year of legal residence, you can apply to modify your permit to allow employment
• Student to work permit: After completing your studies, you may apply for a work permit modification if you have a job offer
• Modification applications are filed at the Oficina de Extranjería

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Finding Work in Spain

Online Job Portals

• InfoJobs — Spain’s largest job board. Most listings are in Spanish. Strong in all sectors.
• LinkedIn Spain — Best for professional, tech, and international roles. Many English-language positions.
• Indeed España — Aggregates listings from many sources. Good for broad searches.
• Tecnoempleo — Specialized in IT and technology roles.
• Turijobs — Specialized in hospitality and tourism.
• Domestika Jobs — Creative and design roles.

Public Employment Service (SEPE)

The Servicio Público de Empleo Estatal (SEPE) is Spain’s public employment service:

• Register at your local SEPE office to access their job board and placement services
• Required registration for unemployment benefits
• Offers free training courses (cursos de formación) that can improve your employability
• Website: sepe.es

Recruitment Agencies (ETTs)

Temporary employment agencies (Empresas de Trabajo Temporal) are common in Spain, especially for entry-level and seasonal positions:

• Adecco, Randstad, Manpower, Eurofirms are the largest
• ETTs can be a fast way to start working while you search for permanent employment
• By law, ETT workers must receive the same base salary as directly-hired employees in the same position

Networking and Associations

• Chambers of Commerce (Cámaras de Comercio) — Especially useful for business connections
• Expat communities — Local Facebook groups, Internations events, Meetup groups
• Professional associations (Colegios Profesionales) — Required for regulated professions and useful for networking in your field

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Labor Rights

Spain has some of the strongest employee protections in Europe. These rights apply regardless of nationality and are largely non-negotiable — your contract cannot offer less than what the law (or applicable collective agreement) provides.

Working Hours

• Maximum legal workweek: 40 hours (averaged over the year)
• Maximum daily hours: 9 hours (unless collective agreement says otherwise)
• Minimum daily rest: 12 hours between the end of one shift and the start of the next
• Weekly rest: 1.5 consecutive days per week (typically Saturday afternoon + Sunday)
• Overtime: Maximum 80 hours/year. Must be compensated with pay (minimum 1.75x) or time off within 4 months
• Right to disconnect: Employees have the legal right to not respond to work communications outside working hours

Annual Leave and Holidays

• Vacation: Minimum 30 calendar days per year (roughly 22 working days). This is a legal minimum — many collective agreements provide more.
• National holidays: 14 public holidays per year (a mix of national, regional, and local holidays)
• Your employer cannot buy out your vacation. You must actually take the days off. Unused vacation days can be claimed upon contract termination.

The 14-Payment System (Pagas Extra)

Most Spanish employment contracts divide annual salary into 14 payments instead of 12:

• 12 monthly payments
• 2 extra payments (pagas extraordinarias), typically in June and December
• Some companies choose to “prorate” the extras, paying 1/12th of each paga extra every month (so you receive 12 equal higher payments)

Minimum Wage (Salario Mínimo Interprofesional — SMI)

The SMI for 2026 is:

Period	Amount
Monthly (14 payments)	€1,424.50
Monthly (12 payments)	€1,661.92
Daily	€47.48
Annual	€19,943

• The SMI applies to full-time workers. Part-time workers receive a proportional amount.
• The SMI is exempt from income tax withholding (IRPF) — workers earning only the SMI pay no income tax.
• The SMI has increased significantly in recent years: from €950/month in 2021 to €1,424.50/month in 2026.

Collective Bargaining Agreements (Convenios Colectivos)

A convenio colectivo is a legally binding agreement negotiated between employer associations and trade unions for a specific sector or company. Your convenio almost always provides better terms than the legal minimum.

Convenios can set:

• Higher minimum salaries for each job category
• Additional vacation days
• Reduced working hours
• Specific overtime rates
• Professional development rights
• Remote work conditions

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Probation Period (Período de Prueba)

Every employment contract can include a probation period, during which either party can terminate the relationship without notice or severance:

Contract / Role Type	Maximum Probation
Standard employees	2 months
Qualified technicians (técnicos titulados)	6 months
Companies with fewer than 25 employees	3 months (for non-qualified workers)

• The probation period must be written in the contract — if it’s not mentioned, there is no probation
• During probation, the employee has full labor rights (Social Security, salary, vacation accrual)
• Probation cannot be extended or renewed
• If you previously held any contract with the same employer performing the same functions, a probation period is not valid

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Termination and Severance

Spain distinguishes between several types of contract termination, each with different legal consequences:

Voluntary Resignation (Dimisión)

• You can resign at any time
• Must provide notice as specified in your contract or convenio (typically 15 days)
• No severance payment
• No unemployment benefits (you quit voluntarily)
• You are entitled to payment of accrued vacation days, prorated pagas extra, and any pending salary

Mutual Agreement (Mutuo Acuerdo)

• Both parties agree to end the contract
• Terms are negotiated (severance, notice period, etc.)
• No unemployment benefits unless structured carefully

Dismissal by Employer

Three categories of employer-initiated dismissal:

1. Despido Procedente (Justified Dismissal)

Based on objective causes (economic, technical, organizational, or production-related):

• Severance: 20 days of salary per year worked (capped at 12 months)
• Notice: 15 days written notice
• Employer must demonstrate the objective cause (e.g., company losses, position eliminated)

Or based on disciplinary causes (serious misconduct):

• Severance: None
• No notice required
• Must be based on serious, proven misconduct (repeated tardiness, workplace fraud, harassment, etc.)

2. Despido Improcedente (Unfair Dismissal)

When the employer cannot prove justified cause, or procedural requirements were not met:

• Severance: 33 days of salary per year worked (capped at 24 months)
• The employer can choose to reinstate you instead of paying severance
• This is the most common outcome when dismissals are challenged in court

3. Despido Nulo (Null Dismissal)

When the dismissal violates fundamental rights or is discriminatory:

• Mandatory reinstatement with full back pay for the period of unemployment
• Applies when dismissal is based on pregnancy, maternity/paternity leave, union activity, discrimination, etc.
• Cannot be substituted with severance — reinstatement is mandatory

Severance Calculation Example

For a worker earning €2,000/month (gross) with 5 years of service:

Dismissal Type	Calculation	Total Severance
Procedente (objective)	€2,000 ÷ 30 × 20 days × 5 years	€6,667
Improcedente (unfair)	€2,000 ÷ 30 × 33 days × 5 years	€11,000
Disciplinary (proven)	—	€0

Daily salary = monthly salary ÷ 30. Severance = daily salary × days per year × years worked.

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Unemployment Benefits (Prestación por Desempleo)

If you lose your job involuntarily and have contributed to Social Security, you may be entitled to unemployment benefits from SEPE:

Eligibility Requirements

• You were dismissed (not resigned) or your contract ended
• You were registered with Social Security
• You have contributed for at least 360 days in the last 6 years
• You register as a job seeker (demandante de empleo) at SEPE within 15 working days of dismissal

Duration and Amount

Contribution Period	Benefit Duration
360-539 days	4 months
540-719 days	6 months
720-899 days	8 months
900-1,079 days	10 months
1,080-1,259 days	12 months
1,260-1,439 days	14 months
1,440-1,619 days	16 months
1,620-1,799 days	18 months
1,800-1,979 days	20 months
1,980-2,159 days	22 months
2,160+ days	24 months (maximum)

Amount:

• First 6 months: 70% of your regulatory base (average of last 180 days of contribution)
• Month 7 onward: 50% of your regulatory base
• Minimum: €560/month (no dependents) or €748/month (with dependents)
• Maximum: €1,472/month (no dependents), €1,682/month (1 dependent), €1,892/month (2+ dependents)

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Social Security as an Employee

As a salaried employee, Social Security contributions are shared between you and your employer:

Contribution Breakdown

Concept	Employer Pays	Employee Pays
Common contingencies	23.60%	4.70%
Unemployment	5.50%	1.55%
Training (FOGASA)	0.20%	—
Professional training	0.60%	0.10%
MEI (intergenerational)	0.58%	0.12%
Total	~30.48%	~6.47%

Exact percentages vary slightly by contract type and year. Figures shown are for 2026 indefinite contracts.

What Social Security Covers

Your contributions entitle you to:

• Public healthcare (Seguridad Social healthcare card / tarjeta sanitaria) for you and dependents
• Sick leave (incapacidad temporal): 60% of base from day 4-20, 75% from day 21 onward
• Maternity/paternity leave: 16 weeks at 100% of regulatory base
• Disability pension if you become unable to work
• Retirement pension (based on contribution years and base — minimum 15 years to qualify)
• Unemployment benefits (described above)
• Death and survivor benefits

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Remote Work and Telework (Teletrabajo)

Spain’s Ley de Trabajo a Distancia (Remote Work Law, 2021) regulates remote work for employees who work remotely more than 30% of their working hours over a 3-month reference period:

Employer Obligations

• Written agreement (acuerdo de trabajo a distancia) signed by both parties
• Cover expenses: Employer must compensate for equipment, internet, electricity, and other costs associated with remote work
• Equal treatment: Remote workers have the same rights as on-site workers (salary, promotion, training)
• Right to disconnect: Remote workers have explicit protection against being contacted outside working hours
• Provide equipment: The company must provide or compensate for necessary tools (computer, chair, etc.)

Employee Rights

• Remote work is voluntary — your employer cannot force you to work remotely, and you can request to return to the office
• Career progression: Remote workers must have equal access to promotions and professional development
• Health and safety: Your home workspace must comply with occupational health standards; the employer should assess risks

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Workplace Protections

Anti-Discrimination

Spanish labor law prohibits discrimination based on:

• Sex, gender identity, or sexual orientation
• Race, ethnicity, or national origin
• Religion or beliefs
• Age
• Disability
• Political opinion or union membership
• Language (within Spain’s multilingual regions)
• Marital or family status

Discrimination-based dismissals are classified as nulo (void), requiring full reinstatement.

Workplace Harassment (Acoso Laboral)

• All companies must have a harassment prevention protocol
• Employees can report harassment to their comité de empresa (works council), HR, or directly to the labor inspectorate
• Workplace harassment can lead to criminal charges in severe cases

Trade Unions

• Workers have the right to join (or not join) a trade union
• Major unions: CCOO (Comisiones Obreras) and UGT (Unión General de Trabajadores)
• Companies with 50+ employees must have elected worker representatives (comité de empresa)
• Union membership is confidential — your employer cannot ask or penalize

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Frequently Asked Questions

Can I work in Spain with a tourist visa (90-day Schengen entry)?

No. Tourist stays do not include work authorization. Working without a valid permit is an administrative infraction that can result in fines and deportation proceedings.

My employer wants to pay me “en negro” (cash, unreported). Is this risky?

Extremely. Unreported work means no Social Security contributions (no healthcare, no unemployment, no pension), no legal recourse if you’re not paid, and immigration complications. If caught, both you and the employer face significant penalties. Always insist on a proper contract.

Can I change employers with an employer-sponsored work permit?

During your first year, your work permit is tied to the specific employer and activity. After your first renewal (typically after 1 year), you receive a work permit that allows you to work for any employer in any sector.

Do I need to homologate my degree to work in Spain?

Only if you work in a regulated profession (medicine, law, engineering, architecture, etc.). For non-regulated positions, employers may accept your foreign degree directly, though some prefer formal recognition.

How much notice must I give when resigning?

Your contract or collective agreement specifies this — typically 15 calendar days. If no period is specified, 15 days is the customary standard. Not providing proper notice allows your employer to deduct the equivalent days from your final settlement (finiquito).

What is the finiquito?

The finiquito is the final settlement payment when you leave a job, regardless of the reason. It includes: accrued but unused vacation days, prorated pagas extra, pending salary, and any other amounts owed. You must sign a receipt — review it carefully and don’t sign if you disagree with the calculations.

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Cross-References

• Social Security & SIP — How to register with Social Security and obtain your healthcare card
• Tax Residency & Beckham Law — How your employment income is taxed, including the special tax regime for inbound workers
• Autónomo Self-Employment — If you want to work independently rather than as an employee
• Degree Homologation — Necessary if your profession is regulated in Spain
• Forms Reference — Links to employment-related forms, including Social Security registration models
• Visas Overview — Compare visa types and their work authorization levels