Many expats arrive in Spain with a job. Many others need to look for a job when they arrive. Here is a basic guide to labour laws.

Legal requirements

Once you are working here you will be subject to the same laws as Spaniards

EU nationals

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. You then 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, an employment contract will be necessary to apply for your residence permit.

Non-EU nationals

If you are from a non-EU country willing to work in Spain, you will need to apply for work and residence permits. 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 labour legislation as Spaniards, and you will be entitled to all its benefits.

Employment contracts

The employment contract must contain the following provisions:

• Details of the employer and the employee
• Over what time period the contract is in effect, including date of starting employment.
• Type of contract
• Professional category
• Description of work conditions: work location, hours, schedule
• Specification of any trial period
• Duration of the holidays
• Compensation
• Collective bargaining agreement applicable

Both parties must sign the work contract. The employee should be provided with one copy of the contract previously stamped by the corresponding National Employment Office (Oficina Nacional de Empleo -INEM). 

Working conditions

Jobs in Spain must be performed under, at least, minimum working conditions, which are described in the Statute of Workers (Estatuto de Trabajadores) and any applicable collective bargaining agreements.

The standard work week is 40 hours, although this varies depending on the occupation. The standard weekly uninterrupted rest is one and a half days (two days for minors), though this also varies from one occupation to another.

Spanish labour rules prescribe that daily working hours are limited to nine hours of work per day. It is also prescribed a minimum of 12 hours rest between working days. 

Overtime (horas extraordinarias) is also restricted by law to 80 hours per year, unless collective bargaining prescribes something different, for which the workers must be compensated either by economic compensation or by paid time off in lieu. It is illegal for minors to work overtime.

There are 14 national holidays (two of them are locally established) and the vacation period legally paid is 30 calendar days, unless otherwise stablished in the collective bargaining agreement.

Working hours are closely connected with other aspects of employment such as salary, the amount and structure of which is normally established by the applicable collective bargaining agreement. Normally, there exist two extra payments — in June and December. 

Salary deductions

The employer must deduct monthly social security contributions from the employee's salary, provided that this exceeds the minimum annual salary, which is around EUR 421 a month. 

These contributions are calculated as a percentage of your taxable income — currently 6.4 percent. The employer must enter your contributions in the Social Security General Treasury (Tesorería General de la Seguridad Social). 

Your salary is also subject to personal income tax in Spain, and your employer will deduct monthly amounts from your salary to enter it in the National Tax Administration. The amount deducted will depend on your personal income.

These are only general guidelines and not definitive statements of the law. All questions about the law's applications to individual cases shall be directed to a Spanish lawyer.

Article by iAbogado Servicios Jurídicos SL (Madrid, Spain). Visit www.SpainLawyer.com for more original content like this.