Workers in Spain enjoy a strict protection of their rights, which are enshrined in minute detail in their contracts. It is advisable that those seeking work make sure they are provided with a contract (it is illegal to work without one and those caught doing so will be sent home.) Work contracts will be provided in Spanish and it is advisable to have it translated.
There are two main contracts: an indefinite term contract and a short term contract, which can vary from three, six, nine months or one year depending upon the nature of the job. Many contracts accommodate a siesta period between 14:00 and 17:00 in the afternoon. The Work Ministry of each region publishes the “convenios,” guidelines that define the established legislation applicable to each type of employment.
On many one-year contracts, there are 14 or 15 monthly payments with extra pay at Easter and Christmas and some contracts give an extra vacation payment in August.
At the termination of a contract, depending upon the length of employment employees may generally be granted a severance payment, a finiquito, which is equivalent to the wages for 45 days work per worked year.
In the case of wrongful dismissal, employees are entitled to present a demand for conciliation within 20 days. This is a prejudicial process, reliant on an agreement between the parties. If no agreement is reached, you may place a suit before the Labour Court (Juzgado de lo Social) within 20 days. If the court finds in your favour, you will receive 45 days compensation for every year of your employment. If you remain unsatisfied, you have five days to file for recourse.
The standard working week is 40 hours and overtime can go up to 43 hours. The normal working day is split in half and includes a two or three hour afternoon siesta and a later finishing time. In summer, working hours may change. Although not tremendously enforced, employees are entitled to a rest break after 4 to 6 hours in accordance with the established convenio of their profession.
In Spain, overtime is not compulsory and can never exceed 80 hours a year. Overtime should be paid at normal rate plus a minimum of 75% of normal hourly rate. Time off may be given in lieu of overtime but there must be a written agreement beforehand.
Employees are entitled to a minimum of 2 and a half days off each month plus bank holidays. A full time employee is entitled to one month's paid annual holiday (30 days.) There are 14 legal paid holidays a year: 10 nationwide, 2 autonomous (regional) and 2 local.. When a holiday falls on a weekend, another day is not usually granted unless the number of public holidays that year falls below a certain number. It is advisable to check with your employer what the allowances are in your workplace.
If you open your first wage packet and feel slightly aggrieved, bear in mind that while wages in Spain tend to be lower than those earned in the UK, living costs are also lower and the general standard of living is higher. Spain does enforce a minimum wage, which from July 2004 was set at 17.10 euros per day, or 513 € per month. Many employees enjoy 15 monthly payments with double payment at Christmas, Easter and in August.
The employer deducts all the employment taxes and Social Security contributions and pays them directly to the official offices. Minimum deductions come to around 8.4%, which breaks down to 2% IRPF (tax, which is proportional to salary with a limit of 45%) and 6.4% Social Security contributions. Fringe benefits for contracted employees include health coverage under social security, workmen's compensation, unemployment and retirement.
Unemployment / Career Formation |
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Instituto Nacional de Empleo (INEM) |
(+34) 952 134 000 |
Málaga; Avenida Andalucía |
(+34) 952 320 050 |
Málaga; el Palo |
(+34) 952 290 166 |
Marbella |
(+34) 952 820 462 |
San Pedro de Alcántara |
(+34) 952 781 325 |
A complete listing of offices is online at: www.inem.es
Workplace Safety and Hygiene Institute
Instituto Nacional de Seguridad e Higiene en el Trabajo (INSHT)
Tel: (+34) 914 037 000 / (+34) 913 634 100
Email: info@insht.es
Website: www.mtas.es/insht/index.htm
Spanish Confederation of the Small and Medium Enterprises
Confederación Española de la Pequeña y Mediana Empresa (CEPYME)
Email: cepyme@cepyme.es
Website: www.cepyme.es
Confederación de Empresarios de Málaga
Tel: (+34) 952 060 623
Email: info@cem-malaga.es
Website: www.cem-malaga.es
Comisiones Obreras CCOO
Tel: (+34) 952 226 600
Email: info.ma@and.ccoo.es
Website: www.ccoomalaga.org
Unión General de Trabajadores UGT
Tel: (+34) 952 221 030
Email: info@cec.ugt.org
Website: www.ugt-andalucia.com/malaga
The Junta is an invaluable resource for telephone numbers and referrals Junta de Andalucía: Tel: 902 505 505