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[null,"Prepared By:","Contributors:"]
[null,"Uría Menéndez","Mario Barros"]
[]
[]
[]
["Global Employment Law Guide"]
[]
["Report Generated: 5/2/2025"]
[]
["View your report results on next tab"]

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["Question","Spain"]
["Lex Mundi Global Employment Law Guide"]
["What are the different categories of employment status (for example, employee, worker, self-employed individuals, etc)?","Spanish law differentiates between self-employed workers and employees. An employee is an individual who works for another person/entity (employer) and for which he or she receives a salary. Employees are managed and supervised by the employer or a more senior member of the employer (whether an individual or organization). A self-employed worker works for oneself rather than for an employer.\n"]
["Are there different types of employment contracts (for example, fixed-term, indefinite)?","There are permanent contracts and fixed-term contracts (the type of contract entered into depends on an employer’s production circumstances, the type of work or services carried out, whether the purpose of the contract is to substitute an employee or for training, etc.). A fixed-term contract is an employment contract with an expiration date. A permanent employment contract is a contract that does not expire. Both of these contracts can be for full-time or part-time positions.\n"]
["What requirements need to be met in order for an employment contract to be valid?","An employment contract may be executed in writing or orally and is presumed to exist between anyone who provides a service and the person or entity to whom such service is provided (the employer). Employment contracts will be recorded in writing when legally required and when the employment relationship lasts for more than four weeks. If such a requirement is not met, the employment contract will be presumed to be for a permanent and full-time position, unless the temporary nature or part-time nature of the services is proved. Likewise, either party may require that the contract be entered into in writing, even during the course of the employment relationship.\nAn employer must communicate the content of the employment contract and any extensions thereof to the public employment office in writing and within ten days following the execution of the employment contract, regardless of whether or not it must be formalized in writing. The employer must provide the employee representatives with a basic copy of all contracts that must be executed in writing.\n"]
["Are part-time employees afforded the same rights as full-time employees?","Part-time employees have the same rights as full-time employees. Where appropriate given their nature, such rights are recognized in laws, regulations and collective bargaining agreements on a proportional basis, according to the time worked. The absence of direct or indirect discrimination between women and men must be guaranteed in all cases.\n"]
["Can employment contracts be assigned?","Employees can be temporarily assigned to another company if this is done through authorized temporary employment agencies.\n"]
["What rights do employees have (to object, to severance), if any, when the company they work for is transferred as a going concern?","The change of ownership of a company, workplace or autonomous production unit will not cause the termination of the employment relationship, given that the new employer will subrogate to the employment and social security rights and obligations of the previous employer, including pension commitments, under the terms provided for in its specific regulations, and, in general, any additional labor obligations acquired by the transferor. This is known as a transfer of undertaking.\n"]
["Do you have statutory rights for employees on change of control of an employer? If so, please give the statute.","The change of ownership of a company through a sale and purchase of shares does not entail a change of employer, and therefore there is no transfer of undertaking, nor do employees have additional rights. If, on the other hand, there is a sale or purchase of assets, there will be a transfer of undertaking as detailed in the previous question.\n"]
["In what circumstances can employers unilaterally change the terms of employment, and what remedies (if any) are afforded to an employee?"," The employer may make substantial changes to working conditions when there are proven economic, technical, organizational or production reasons. Substantial changes to working conditions will be considered, among others, as those affecting the following matters: \n \n working day;  \n work schedule and distribution of working time; \n shift work; \n remuneration system and amount of salary; \n work and performance systems; and \n functions when they exceed the functional mobility limits established by law. \n \n Substantial changes to working conditions may affect the conditions recognized for employees in the employment contract or agreements or enjoyed by them by virtue of a unilateral decision of the employer. \n In most of the cases mentioned above, if the outcome of the substantial modification is detrimental to the employee, the employee will be entitled to terminate his or her contract and receive severance pay equivalent to twenty days' salary per year of service, with a maximum of nine months of salary. Substantial changes to working conditions are subject to certain procedures and formal requirements. "]
["Is your jurisdiction an employment-at-will jurisdiction? What are the employer’s termination rights?","At-will employment is not permitted in Spain. Employment can be terminated based on disciplinary or objective (economic, organizational, production, and technical causes among others) grounds, or due to the expiry of the agreed duration of the employment contract.\n"]
["Are there remedies for dismissal without cause or wrongful termination?","When the dismissal is declared unfair, the employer must choose between the reinstatement of the employee or payment of a severance compensation equivalent to thirty-three days of salary per year of service, up to a maximum of 720 days of salary.\n"]
["Are there protections for whistleblowers?","Spanish law protects anyone who, in an employment or professional context – whether in the public or \n\nprivate sector – has obtained or is privy to information about a violation of the law and reports it. The \n\nprotection is not limited to employees and also includes any other person who, in the course of their \n\nprofessional practice or in the context of a provision of services, has interacted with the specific entity.\nAn array of measures is established to protect whistleblowers, such as the prohibition of retaliation, assistance (advice and information, legal assistance, financial and psychological support, etc.), limitation of liability as \n\nregards the disclosure of confidential information (if specific requirements are met) or the whistleblower’s \n\npotential exemption from – or mitigation of – administrative liability.\n"]
["Do employees have a right to privacy? If so, what are the remedies for a breach?","Employees have the right to privacy when using digital devices made available to them by the employer, to digital disconnection and privacy when using video surveillance and geolocation devices with regard to the protection of personal data and the guarantee of digital rights. However, the employer may prohibit the use of work tools for personal purposes and may monitor their activity. Likewise, video surveillance requires prior notification and information to the employer unless there are other rights at stake that allow the employer after pondering them to use video surveillance without giving prior notice. Remedies for the breach of any type of fundamental right are the possibility to claim compensation before the labor courts for the damage caused as a consequence of the infringement.\n"]
["Are employees afforded any anti-discrimination protection?","Employees have the basic right not to be directly or indirectly discriminated against when undergoing an employment process, once employed, or upon the termination of employment/at the end of their employment.\n"]
["Are there statutory rights to vacation, medical leave and parental leave? Have there been any changes to leave benefits in the past 12 months? Is there any proposed legislation that employers should be aware of that will impact leave benefits?","All employees are entitled to 30 calendar days' leave and 14 public holidays each year. In addition, absences due to the legal right to strike (i.e. the duration of the strike), employee representative responsibilities, work accidents, maternity leave, high-risk pregnancies and breast-feeding, health problems that develop during pregnancy/pregnancy complications, childbirth, paternity leave, non-occupational illnesses or accidents, are permitted.\n"]
["Are restrictive covenants recognized and, if so, what are reasonable restrictions as to geography, duration and scope of activity?","Spanish labor law regulates non-competition obligations, which include non-solicitation obligations, subject to the following conditions: (i) the employer has a real industrial or commercial interest in the non-competing; (ii) the non-compete obligation cannot exceed 6 months for unqualified employees and two years for technicians; and (iii) the employee must be paid fair compensation. Other restrictions such as confidentiality, exclusivity and non-disparagement can be regulated by the parties in the employment contracts. The geographical location, scope and term of the non-competition agreement should be agreed upon by the employee and the employer.\n"]
["Can employees be terminated for refusing to sign a restrictive covenant? What serves as consideration for a restrictive covenant?","Employees’ contracts cannot be terminated owing to their refusal to sign a restrictive covenant. In the event that an employee fails to comply with the restrictive covenants included in his or her employment contract, the employer may make a claim for breach of contract before the labor courts, claiming compensation for damages.\n"]
["Does your jurisdiction require contributions to a pension or retirement scheme?","Spain has a national social security system. Contributions are mandatory for both employers and employees. The system provides benefits to individuals in the event of retirement, death, temporary or permanent disability and unemployment. In addition, there may be private pension or retirement schemes.\n"]
["Are certain benefits mandated by your jurisdiction?","Please see our response to the previous question.\n"]
["Is it permitted to have a mandatory retirement age in your jurisdiction?","Collective bargaining agreements can establish mandatory retirement upon reaching the statutory minimum retirement age, subject to compliance with certain requirements.\n"]
["Is it possible to cease pension or insured benefits (income continuance/disability insurance, healthcare, life assurance, etc.) when work continues beyond retirement age?","If employees continue working after the minimum mandatory retirement age, social security contributions must continue to be paid for them, although certain reductions may be available. On the other hand, private pension schemes are governed by their own rules that can include the possibility of ceasing the payment of a pension or insured benefits when work continues beyond retirement age.\n"]
["Can an employer make the COVID-19 vaccine mandatory for its employees? Are there exceptions that an employer must make? If an employee simply does not want to get the vaccine (without another reason like disability or religious reason), can an employer terminate the employee’s employment?","Employers cannot force employees to get vaccinated against COVID-19, as this would affect fundamental rights such as privacy, physical integrity, etc. Any dismissal based on the employee’s refusal to get vaccinated may even be classified as void and the employer could be obliged to reinstate the employee.\n"]
["Can an employer require that employees return to work in the office (absent government order to shut down)? If an employee refuses to return to the office, can the employer terminate the employee’s employment?","Yes. An employer can require that employees return to work in the office (absent a government order to shut down). The refusal to return to the office may be a cause for a disciplinary dismissal, although this would need to be assessed on a case-by-case basis.\n"]