EMPLOYMENT LAW IN SPAIN

Employment in Spain is highly regulated, with the main purpose to protect an employee's rights. The regulations are complex: jobs are grouped into categories, and each category has a different set of regulations. It’s important both as an employer or employee to be aware of the different types of work contracts, holiday entitlement and social security requirements when considering the options of working in Spain.

LEGAL REQUIREMENTS

If you are an EU national you can enter Spain as a tourist and register with the Spanish National Employment Office (Instituto Nacional de Empleo - INEM) to look for a job, then you have 90 days to find employment. You can obtain an extension after that date or leave Spain and re-enter for a further 90 days. Once you get a job, your employment contract will be necessary to apply for your residence card.

If you are from a non-EU country willing to work in Spain, you will need to apply for your work and residence permit, and therefore you will be required to present a job contract or an offer of employment in the form of a pre-contract stamped and signed by both parties (or a letter written on the headed paper of the Spanish employer).
Once you are legally working in Spain you will be subject to the same labor legislation as Spaniards, and you will be entitled to all its benefits.

TYPES OF WORK CONTRACTS

• Indefinite contracts
This category includes the normal indefinite contract as well as several types of indefinite contracts with government incentives.
The main characteristics of the normal indefinite contract are:
In the absence of any other formalized contract type, the contract is presumed to be normal indefinite.
Severance pay for improper dismissal is a maximum of 45 days salary for every year worked, up to a maximum of 42 months equivalent salary.
There are no Social Security subsidies or any other financial incentives.

Indefinite contracts with incentives may be used when hiring:
- Workers over 45 who have been unemployed for at least one year.
- Women unemployed for more than a year who have been hired for work in sectors where women have been traditionally under-represented.
- Workers between 30 and 44 who have been unemployed for more than a year.
- Unemployed workers under 30 years of age. Workers with disabilities.

The main characteristics of an indefinite contract with incentives are:
- Severance pay for improper dismissal is 33 days salary for each year worked with a maximum of 24 months equivalent salary.
- Subsidies of up to 75% from the employer's social security contribution.
- Tax benefits.




• Temporary contracts
The main types are:

Contract for a specific project or service, arranged for the purpose of performing work or providing a service which is temporary but of uncertain duration.

Casual contract due to production overload or backlog. The maximum duration of this type of contract is six months in any twelve-month period.

Contract to sit in for employees entitled to return to their job. The duration of this contract is the period during which the absent employee retains the right to return to his or her job.

Work experience contract. This contract can be arranged with university or junior college graduates or persons with vocational qualifications or recognised equivalent qualifications, provided that not more than four years have elapsed since they completed the related training. The duration is from six months to two years.

Trainee contract. This type of contract can be arranged with workers aged 16 to 21 who do not have the necessary qualifications to obtain a "work experience contract". The duration of this contract ranges from six months to two years, although it may be extended to three years by a collective labor agreement.

Transitory employment needs may be met through workers provided by temporary work agencies.

Consult Easy Property Spain at our web site http://www.easypropertyspain.co.uk/ for more than 300 properties and let our real estate agency in Spain guide you in your property search in Spain with their experience and expertise. Alternatively you can contact our Valencia property agents at sales@easypropertyspain.co.uk or call us on our UK National Number 0871 666 5350.Easy Property Spain is the best choice for your real estate agent in Spain.

For your cheap Spanish homes, Valencian villas, rural property in Spain, Spanish golf properties, contact one of our Valencia property agents or our Valencia Property real estate agency at sales@easypropertyspain.co.uk and let us guide you in your property search in Spain. If you are interested in buying villa in Spain, Spanish golf properties, rural property in Spain, or in general properties for sale in Spain visit http://www.easypropertyspain.co.uk/ and a Valencia property real estate agent will be happy to inform you.