Open a Recruitment Company in Spain: Legal Guide for Foreign Entrepreneurs

Why Start a Recruitment Business in Spain?

Spain has a dynamic labor market with increasing demand for:

  • Specialized talent in IT, health, logistics, and hospitality

  • Temporary and seasonal workers

  • Executive search and expat recruitment

🌍 Foreign entrepreneurs can open employment agencies, temporary staffing firms, or headhunting companies to serve Spanish or international markets.


🏢 Types of Recruitment Companies

Type Description
Temporary Work Agencies (ETTs) Hire employees and assign them to client companies
Direct Placement Firms Match candidates to permanent roles in client companies
Executive Search (Headhunting) Specialized recruitment for high-level roles
Sector-Specific Recruiters Focused on IT, engineering, healthcare, etc.

✅ All must comply with Spain’s employment and data protection laws.


📋 Legal Requirements to Open a Recruitment Company in Spain

1️⃣ Choose a Company Type

Most foreign founders opt for:

  • Sociedad Limitada (SL): Limited liability company, minimum capital €3,000

  • Sociedad Anónima (SA): For larger operations

2️⃣ Register Your Company

  • Certify company name with the Registro Mercantil Central

  • Sign incorporation deed before a notary

  • Obtain NIF (Tax ID) and register with Commercial Registry

  • Open a corporate bank account

📌 You can register remotely with Power of Attorney.

3️⃣ Apply for Employment Agency License

To operate legally as a recruiter, you must:

  • Register with the Public Employment Service (SEPE)

  • Submit:

    • Company formation documents

    • Activity plan

    • Proof of financial solvency and insurance

    • Signed code of ethics declaration

  • Get authorization as:

    • Private Employment Agency (Agencia de Colocación), or

    • Temporary Employment Agency (ETT)

⚖️ ETTs must meet additional labor law and contract-specific requirements.


💼 Compliance With Employment Law

Recruitment firms must:

  • Comply with Workers’ Statute (Estatuto de los Trabajadores)

  • Use legally approved employment contracts

  • Respect maximum temporary work durations and labor protections

  • Ensure equal treatment, non-discrimination, and salary fairness

  • Handle payroll correctly if acting as employer (ETTs)

📌 You’ll also need GDPR-compliant data handling processes for CVs, interviews, and client databases.


💶 Tax & Financial Obligations

  • Register for IVA (VAT) and IAE business activity code

  • File monthly and quarterly tax returns

  • Maintain proper accounting under Spanish Commercial Code

  • Pay corporate income tax (IS) at standard 25% rate

👩‍💼 If you’re hiring staff, you must register with Social Security and manage payroll, benefits, and withholdings.


🌍 Foreign Ownership & Remote Setup

At Borderless Lawyers, we help founders from:

  • 🇬🇧 UK

  • 🇺🇸 USA

  • 🇨🇦 Canada

  • 🇦🇺 Australia

  • 🇦🇪 UAE

…to open Spanish recruitment companies without needing to relocate, using a Power of Attorney and fully remote legal setup.


🧑‍💼 Case Example: Opening an IT Recruitment Firm in Barcelona

Client: A German entrepreneur wanted to recruit remote software developers for German startups.
We:

  • Formed an SL company

  • Obtained a recruitment license from SEPE

  • Registered VAT and handled GDPR compliance

  • Created bilingual recruiter-client contracts

✅ Now operating with 15+ placements per month across the EU.


💰 Estimated Startup Costs

Item Approx. Cost
Legal & Incorporation Fees €1,500 – €2,500
Share Capital (SL) €3,000 (can be deferred)
Recruitment License Application €0 – €500
Insurance (civil & labor law) €300 – €800 annually
Monthly Legal & Tax Management €200 – €400/month

📈 Advantages of Setting Up in Spain

  • Access to EU labor market and candidates

  • Favorable rules for remote hiring and freelancers

  • Fast registration & licensing (2–6 weeks)

  • English-speaking legal support available


🚀 Launch Your Recruitment Company with Borderless Lawyers

From headhunting to mass staffing, Spain is a growing hub for recruiters. Borderless Lawyers provides full legal and licensing assistance to open and operate a recruitment agency in Spain — with minimal risk and maximum clarity.

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