Working in Spain, whether you are Spanish or a foreign national, gives you a set of rights that do not depend on your employer’s goodwill: they are written into the law and enforceable in court. Knowing them is the difference between accepting whatever you are offered and knowing exactly what you can claim when something is off, be it a dismissal, an abusive schedule, or a salary below the legal minimum.
Foreign workers with a valid work authorization have exactly the same labor rights as a national. Nationality does not reduce your severance pay, your vacation, or your protection against discrimination. If you are still sorting out your administrative status before signing a contract, it is worth leaning on immigration lawyers in Spain who can coordinate the immigration and labor sides at the same time.
This guide walks through the essentials of labor law in Spain as things stand today: the legal framework, your fundamental rights, the types of contract after the labor reform, working hours and rest periods, dismissal and its severance rules, and health and safety at work. All current, no filler, and with the figures that actually matter.
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The framework of labor law in Spain
The backbone is the Estatuto de los Trabajadores (Workers’ Statute), which sets the minimum standards for any employment relationship. Above those minimums sit the convenios colectivos (collective bargaining agreements), which can improve conditions (never worsen them) for a specific sector or company, and beneath all of it is your individual contract, which likewise cannot lower what the law or the agreement guarantees.
That is the hierarchy to keep in mind: when a condition strikes you as unfair, the question is not only what your contract says, but what your collective agreement and the Workers’ Statute say. In the event of a conflict, the rule most favorable to you applies, and a contract clause that worsens your rights is void even if you signed it.
Your fundamental rights as a worker
No agreement can place you below these rights. They are the floor of the employment relationship, not a negotiable starting point.
- A fair wage. No full-time worker can earn less than the SMI (Salario Mínimo Interprofesional, the statutory minimum wage). Royal Decree 126/2026 sets it at €1,221 gross per month across 14 payments (€17,094 per year), an amount exempt from income tax. If your collective agreement sets a higher salary, the agreement prevails. You can see how it compares to the average in our guide to the average and minimum salary in Spain.
- Equality and non-discrimination. Any unfavorable treatment based on sex, origin, age, religion, sexual orientation, disability, or any other personal circumstance is prohibited. Companies are also required to keep a pay register to detect and correct the gender pay gap.
- Health and safety. You have the right to a safe working environment, with the training and protective equipment your job requires. It is the company’s obligation, not a favor.
- Work-life balance. This includes 16 weeks of birth and childcare leave for each parent, the 8-week parental leave until the child turns eight, and five days of paid leave for a serious accident or illness, hospitalization, or surgery of a family member, expanded by Royal Decree Law 5/2023.
Employment contracts after the labor reform
The 2021 labor reform (Royal Decree Law 32/2021) changed the rules of the game: the permanent contract became the general rule, and temporary hiring was restricted to specific, well-defined situations. Before signing, it pays to identify which type you are being offered, because your stability and your severance depend on it. You can dig into the types of employment contracts in Spain if you want the detail on each one.
Permanent contract
It has no end date and can be full-time or part-time. It offers the most stability, the best access to unemployment benefits, and the strongest protection against dismissal. Since the reform it is also the default: if a company chains together temporary contracts without a genuine reason, the law presumes the relationship is permanent. If you are weighing this option against a temporary one, it helps to understand the differences between permanent and fixed-term contracts.
Temporary contract
It is now allowed on only two grounds: production circumstances (occasional, unforeseeable peaks, capped at six months and extendable to one year by collective agreement) or substitution of a person whose job is being held for them. The old generic temporary contract, the “obra y servicio,” is gone. If you are renewed on a temporary basis again and again without that genuine cause, you have solid grounds to claim conversion into a permanent contract.
Training contracts
This is where the most outdated information circulates. The old training and apprenticeship contract no longer exists. Today there are two types, governed by article 11 of the Workers’ Statute and developed by Royal Decree 1065/2025:
- Training contract in alternation (contrato de formación en alternancia). It combines paid work with official training tied to the job. It lasts between three months and two years and allows no probationary period.
- Contract for obtaining professional practice (contrato para la obtención de la práctica profesional). Aimed at those who already hold a university or vocational qualification and want experience. It lasts from six months to one year.
In both cases the salary cannot fall below the SMI in proportion to the working hours, and the time worked counts toward seniority if you are later made permanent.
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Working hours, rest, and the 37.5-hour debate
The maximum ordinary working week in Spain is still 40 hours on average over the year, with a cap of nine hours per day unless the collective agreement sets a different distribution. Hours beyond that limit are overtime: they are voluntary (except for force majeure), capped at 80 per year, and either paid at a premium or offset with equivalent time off.
One widespread confusion is worth clearing up: the 37.5-hour week is not in force. The bill that proposed it was rejected in Congress on September 10, 2025, through a motion to reject the text as a whole, so in 2026 the legal reference remains 40 hours, unless your collective agreement sets fewer. What is moving forward, on a separate track, is the digital time-tracking record and the right to digital disconnection outside working hours.
Weekly rest and vacation
You are entitled to a minimum uninterrupted rest of a day and a half per week and to a minimum of 30 calendar days of paid vacation per year. Vacation cannot be swapped for money, unless the contract ends before you take it. On top of this come paid leaves for marriage, moving house, public duties, and the family situations mentioned above.
Dismissal in Spain: types, severance, and the new prior hearing
Dismissal is where the most is at stake and where recent case law has changed the most. These are the three situations you need to tell apart.
Disciplinary dismissal
It applies to a serious and culpable breach by the worker: repeated absences or lateness, insubordination, offenses, breach of good faith, or a deliberate drop in performance. It must be communicated in writing, stating the facts and the date. If it is upheld as fair, it generates no severance.
The development that changes the procedure: since the Supreme Court ruling of November 18, 2024, the company is required to grant the worker a prior hearing (audiencia previa) before dismissal, that is, to let them defend themselves against the alleged facts before the decision is made. The dismissal letter and the later conciliation hearing are not enough. A 24-hour window is considered insufficient; courts point to a reasonable margin of two to five days. Skipping this step can turn the dismissal into an unfair one even if the facts were true.
Objective dismissal
It rests on economic, technical, organizational, or production-related grounds. It requires written notice, 15 days’ advance notice, and severance of 20 days’ salary per year worked, capped at 12 months’ pay. During the notice period you are entitled to six paid hours per week to look for a new job. If you believe the stated cause is not real, you can challenge it. Before accepting any figure, work out precisely what you are owed with our guide to the cost of dismissal in Spain.
Unfair dismissal
A dismissal is unfair when the company cannot prove the cause or fails to follow the proper procedure. In that case you can be reinstated on the same terms or receive severance of 33 days’ salary per year worked, capped at 24 months’ pay, for contracts signed after the 2012 reform (earlier contracts keep a 45-day tier up to that date). The choice between reinstatement and severance belongs to the company, unless you are a worker representative.
One point worth knowing: in 2025 the Supreme Court closed the door on claiming additional or deterrent compensation in court above that fixed amount, despite pressure from the European Committee of Social Rights. Today the severance set by law is, save in very exceptional cases, the ceiling.
| Type of dismissal | Cause | Advance notice | Severance |
|---|---|---|---|
| Fair disciplinary | Serious breach by the worker | No | None |
| Objective | Economic, technical, organizational, or production-related | 15 days | 20 days per year (max. 12 months’ pay) |
| Unfair | Cause not proven or procedural defect | Not applicable | 33 days per year (max. 24 months’ pay) or reinstatement |
Health and safety at work
Occupational risk prevention is a right you cannot waive. The company carries most of the obligations.
- Risk assessment of the job and adoption of preventive measures.
- Sufficient training and information about the specific hazards of your work.
- Free provision of the necessary personal protective equipment.
- Periodic and confidential health monitoring, paid for by the company.
- A prevention plan that is reviewed and kept up to date.
As a worker, you have the right to be informed of the risks, to receive training, to take part in safety management through your representatives, and to health monitoring. And something essential: if a task poses a serious and imminent risk to your integrity, you can refuse to perform it until it is corrected, without any retaliation for doing so.
Every situation has its nuances, and a figure or a deadline misread can cost you money or cost you a right. At ILLAY Legal we handle your labor law questions entirely online, whether you are a worker or a company that needs to hire or dismiss within the law. Tell us about your situation and we will tell you exactly what steps to take.
Frequently Asked Questions: Labor Law in Spain
How many hours can you legally work in Spain?
The maximum ordinary working week is 40 hours on average over the year, with a limit of nine hours per day unless a collective agreement provides otherwise. Anything beyond that limit is overtime: voluntary and capped at 80 hours per year.
Has the 37.5-hour week been approved yet?
No. Congress rejected the bill on September 10, 2025, so the legal working week remains 40 hours. The debate is still open and could return through a new legislative process, but as of today no company is required to reduce the working week on this basis, beyond whatever its collective agreement already sets.
What severance am I owed for an unfair dismissal?
As a general rule, 33 days’ salary per year worked, capped at 24 months’ pay, for contracts signed after the 2012 reform. Earlier contracts keep a 45-day-per-year tier up to February 2012. The company decides between paying that severance and reinstating you.
Can my employer dismiss me without hearing me first?
In a disciplinary dismissal, no. Since November 2024 the company must grant you a prior hearing so you can defend yourself against the alleged facts before deciding on the dismissal. Skipping that step can lead the dismissal to be declared unfair, with the corresponding severance.
How many vacation days am I entitled to by law?
A minimum of 30 calendar days per year, which the collective agreement can improve but never reduce. They cannot be exchanged for money unless the contract ends before you take them.
Do I have the same labor rights as a foreign worker?
Yes. With a valid work authorization, your labor rights are identical to those of a Spanish worker: the same minimum wage, the same severance pay, the same vacation, and the same protection against discrimination. Your employer cannot pay you less or cut your conditions because of your nationality, and if they do, you can file a claim just like any other worker. A separate matter is the administrative side of your residence and work permit, which is governed by immigration law and should always be kept in order so you do not put your status at risk.
