Employee rights in Spain

General Employee Rights in Spain

Employees in Spain are protected under the Workers’ Statute, which guarantees fair pay, safe working conditions, paid leave, and protection from unfair dismissal.

Right to fair pay

Employees must receive wages at least once a month, clearly itemised on payslips. Minimum wage levels are set nationally, with additional terms regulated by collective bargaining agreements.

Right to form unions

Employees are free to join trade unions and participate in industrial action, including strikes, without facing retaliation.

Fair dismissal

Spain does not have an “at-will” system. Dismissals must be justified, follow formal procedures, and provide notice. If a dismissal is declared unfair, employees are entitled to compensation of 33 days’ salary per year of service (capped at 24 months) or reinstatement. If considered null, reinstatement with back pay is mandatory.

Employee Protections in Spain

Employees in Spain benefit from strong legal safeguards that uphold safe working conditions, protect personal rights, and ensure fair treatment in the workplace.

Health & safety

Employers are required to conduct risk assessments and ensure safe working environments. Employees must also receive training and, where necessary, health surveillance.

Data protection

Employee data is protected under the GDPR and Spanish data laws, ensuring that personal information is securely processed.

Whistleblower protections

Employees are legally protected from retaliation when reporting breaches of law or workplace misconduct.

Protection against discrimination

Employees are legally protected against discrimination based on gender, age, religion, ethnicity, and sexual orientation.

Job Security in Spain

Permanent contracts are the norm, while fixed-term contracts must be justified by objective reasons. Abuse of temporary contracts can result in their conversion into permanent contracts.

Employment termination must follow legal procedures and include notice, cause, and, where applicable, severance pay. Collective bargaining agreements also regulate conditions of employment and dismissal.

Unfair dismissal leads to either reinstatement or financial compensation, while null dismissal results in automatic reinstatement with back pay.