Employees claims and legal procedures

If you are considering to hire employees in Spain, under the Spanish regulations, you must know the complexity of the Spanish Law concerning to hiring employees; we can help you with your decision by analysing your business, preferences and targets.

There are several contract types in Spain

Please contact us and we will freely inform you about the best possibilities for your company.

The employment regime in Spain is highly regulated, in order to protect the employee’s rights.

The employment regulation is complex; jobs are normally classified by categories depending on the functions and each category has a different set of regulations called convenio colectivo. That agreement (convenio colectivo) regulates the legal salary range for each job, hours in a working day or vacation days per year, e.g., and other many issues.

Furthermore, there are several contract types in Spain but the choice is essentially between offering a fixed term contract or a permanent contract.  Contracts can also be full time (usually 40 hours) or part time.  There are also special contracts which enjoys a government tax incentive example (e.g. hiring unemployed workers or women in sectors where they are underrepresented).

Please, notice that it is not always necessary to set up a new company in order to hire an employee in Spain, we may study if a Representation Office is suitable for your future Spanish business structure.

Besides representation through the Trade Unions, employees also have extensive statutory representation. Employee representatives (“delegados de personal”) who are elected in companies with more than 6 employees and less than 50 represent employees in their company.

This representation is optional for the employees. But in companies with more than 50 employees it is mandatory, if requested, to have an employee committee. The aim of this committee is to provide information on the company’s management policy to employees. Otherwise an employee delegate must exist.

Employee representatives must be informed on significant economic and legal changes affecting the company. However, they are not entitled to sit on the Board of Directors and have no voice in management decisions.

In companies with more than 6 employees, one person (either employee or employer) must be in charge of the compliance with health and safety regulations on behalf of the employees.