Work Laws & Employee Rights
Your complete guide to Spanish employment law — working hours, leave, contracts, severance, and the rights that protect you.
Working Hours & Overtime
Spain's legal maximum is 40 hours per week, averaged over the year. This means some weeks may be longer and others shorter, as long as the annual average stays within the limit.
Overtime is capped at 80 hours per year and must be compensated according to your convenio or contract (never below ordinary hourly value), or with equivalent time off. Your salary package should clearly reflect how overtime is handled.
Many Spanish companies practice jornada intensiva in summer (June through September), switching to 7-hour working days — typically 8 AM to 3 PM with no lunch break. This is a widely cherished tradition in the Spanish workplace.
Under the right to digital disconnect (Ley Organica 3/2018), employers cannot contact you outside working hours. This applies to emails, messages, and calls.
Night shifts (10 PM to 6 AM) carry additional protections and limits, including restrictions on overtime and mandatory health assessments.
Holidays & Leave
Spain is generous when it comes to time off. Employees are entitled to a minimum of 22 working days (30 calendar days) of paid vacation per year. On top of that, there are 14 national and regional public holidays annually.
Sick Leave (Incapacidad Temporal)
- Days 1-3: unpaid (unless your convenio says otherwise)
- Days 4-15: 60% of your base salary, paid by the employer
- Day 16 onwards: 60-75% of your base salary, paid by Social Security
Parental Leave
- Maternity leave: 16 weeks fully paid (first 6 weeks are mandatory)
- Paternity leave: 16 weeks fully paid (equal since 2021)
Other Leave Entitlements
- Marriage: 15 calendar days
- Bereavement: 2-4 days depending on relationship and whether travel is required
- Moving house: 1 day
Employment Contracts
Spanish employment law defines several contract types. Understanding them is essential whether you're arriving on a work visa or already resident in Spain.
Contrato Indefinido (Permanent)
The default and most common contract in tech. Offers the strongest employee protections including severance rights.
Contrato Temporal (Fixed-Term)
Strictly limited after the 2022 labour reform to 6-12 months. Requires specific justification from the employer.
Key Contract Details
- Probation period: 6 months for qualified technicians, 2 months for others
- 14 pagas: salary is typically split into 14 payments, with extra payments in June and December
- All contracts must be registered with SEPE (public employment service)
- Part-time contracts must specify exact hours
If you're considering working as a freelancer instead, read our autonomo vs employee comparison to understand the trade-offs.
Termination & Severance
Spanish law provides strong protections against dismissal. The type of termination determines your severance entitlement:
Objective Dismissal (Despido Objetivo)
20 days/year worked
Maximum 12 months' salary. Used for economic, technical, or organisational reasons.
Unfair Dismissal (Despido Improcedente)
33 days/year worked
Maximum 24 months' salary. Applies when the employer cannot justify the dismissal.
Important Dismissal Rules
- Disciplinary dismissal: no severance if justified, full severance if ruled unfair by a court
- Employer must give 15 days written notice for objective dismissal
- You can challenge a dismissal in labour court (Juzgado de lo Social) within 20 working days
- Finiquito: final settlement including unpaid salary, accrued vacation days, and proportional pagas extra
Collective Agreements (Convenios Colectivos)
Convenios colectivos are sector-wide agreements that set minimum conditions above the base law for specific industries. They are legally binding and can significantly improve your working conditions beyond what the Estatuto de los Trabajadores guarantees.
What Convenios Cover
- Salary floors — often higher than the national minimum wage
- Working hours — may be fewer than the 40-hour legal maximum
- Benefits — additional leave, training budgets, meal allowances
- Job classifications — defining roles, responsibilities, and pay scales
Tech workers in Spain often fall under the convenio de consultoria (consulting sector agreement) or the company's own specific agreement. Always ask HR which convenio applies to your position — it may entitle you to better terms than your individual contract. Check the salary guide to see how these floors compare to market rates.
Remote Work Law (Ley 10/2021)
Spain was one of the first countries in Europe to regulate remote work through dedicated legislation. The Ley 10/2021 applies when 30% or more of your work is done remotely over a 3-month reference period.
Employer Obligations
- Provide or compensate for all necessary equipment (computer, monitor, chair)
- Cover remote work expenses including internet and electricity
- Remote work must be voluntary and agreed in writing — it cannot be imposed
- Ensure health and safety standards in the remote workplace
Employee Rights
- Right to flexible hours within the agreed schedule
- Right to digital disconnect applies fully to remote workers
- Equal treatment — remote workers must have the same career advancement opportunities as office workers
- Right to return to the office if circumstances change
If you're being hired by an international company to work remotely from Spain, make sure the remote work agreement complies with Ley 10/2021.
Tips for Expat Workers
Get Everything in Writing
Know Your Convenio
Keep Your Payslips
Join a Union (Optional)
Last updated: February 2026. Employment law changes — always consult official sources or a labour lawyer.
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