Spanish labor law strongly protects workers’ rights. If you’re an employer hiring staff—or an employee working in Spain—it’s vital to understand the core rights guaranteed by law, collective agreements, and the Spanish Constitution.
Here’s a comprehensive overview of employee rights in Spain, including contract protections, health & safety, equality, and dismissal safeguards.
📄 1. Right to a Written Employment Contract
Every employee in Spain has the right to:
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Receive a written employment contract if the job exceeds 4 weeks
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Know the terms of work: hours, salary, duties, benefits, trial period, termination clauses
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Be notified of any changes in conditions in writing
📌 Employers must use official templates or ensure contracts comply with sector-specific collective agreements.
💰 2. Right to Fair Pay & Equal Compensation
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Employees must be paid at least the national minimum wage (SMI)
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Salaries may be set higher by collective agreements
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Pay must be equal for equivalent roles—regardless of gender, age, nationality, or contract type
🟢 Two extra payments (June & December) are mandatory unless prorated monthly.
⏰ 3. Right to Regulated Working Hours & Overtime
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Max 40 hours/week, 8 hours/day
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Overtime is voluntary unless contractually agreed
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Overtime is capped at 80 hours/year, and must be paid or compensated with time off
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Employees must get 12 hours of rest between shifts and 1.5 days off per week
🏖️ 4. Right to Paid Leave
Employees in Spain are entitled to:
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30 calendar days of paid annual leave
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Public holidays (national + regional + local)
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Paid leave for marriage, birth of a child, death of a family member, relocation, or exams
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Sick leave (temporary disability), with partial pay from employer and Social Security
📌 Leave rights are enforceable even under temporary or part-time contracts.
🧑⚖️ 5. Protection from Unfair Dismissal
Employees have a right to:
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Advance notice of termination
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Written dismissal letter with clear, lawful reason
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Severance pay if terminated unfairly or due to redundancy
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Legal recourse before labor courts (Juzgado de lo Social)
⚠️ Dismissal without cause or process can result in reinstatement or compensation.
🟰 6. Right to Non-Discrimination & Equal Opportunity
Discrimination is prohibited on grounds of:
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Gender, sexual orientation
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Religion or belief
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Race or ethnicity
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Disability
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Age
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Union affiliation
Spain also mandates pay transparency, equal promotion opportunities, and gender equality plans for companies with 50+ employees.
🩺 7. Right to Health & Safety
Under Spain’s Ley de Prevención de Riesgos Laborales, employees have the right to:
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A safe workplace, with risk assessments and protective measures
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Free occupational health checks
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Health and safety training
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Report unsafe conditions without retaliation
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Stop work in hazardous situations
Employers must either appoint a trained in-house safety officer or hire an external prevention service.
🧾 8. Right to Payslips & Documentation
Employees must receive:
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Monthly payslips (nómina) detailing gross salary, deductions, hours worked, and contributions
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Access to their employment record
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Copies of Social Security registrations and tax declarations
📌 Payslips must match the payroll records submitted to the tax agency and Seguridad Social.
🗳️ 9. Right to Unionize & Representation
Spanish workers can:
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Join or form labor unions
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Elect worker representatives
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Participate in collective bargaining
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Strike under legal procedures
Employers cannot interfere with union activity or retaliate against employees for organizing.
🌐 10. Rights for Foreign & Remote Workers
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Foreign workers (with legal residency) have equal labor rights
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Remote workers must receive equipment, training, cost coverage, and right to disconnect
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Cross-border employees may be covered by international agreements or posted worker rules
👨⚖️ Let Borderless Lawyers Protect Your Workforce
Whether you’re an employer needing guidance or an expat unsure of your rights, we help you:
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Comply with Spanish labor law
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Resolve employment disputes
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Draft fair, lawful policies
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Manage workplace audits and claims