Spain’s laws group jobs into different categories, and each has strict regulations concerning salary ranges, working hours, and paid time off. You must keep these regulations in mind when recruiting and hiring new employees in the country. In addition to following all of Spain’s employment compliance laws, you’ll have to onboard employees and continue growing your subsidiary.
Instead of figuring out these complex tasks on your own, we can help. G-P takes the hassle out of employment by hiring employees on your behalf and assigning them to work for your company. We’ll also take all issues of compliance off your shoulders and onto ours.
Recruiting in Spain
If you’re unfamiliar with this country, you could fail to find the right candidates by not looking in the right places. The best recruiting tactic in Spain is to use your company’s social media accounts to advertise positions. You can also use popular websites, such as InfoJobs, Infoempleo, Barcelona Activa, and Laboris. More people are using specialized social networks such as LinkedIn and Viadeo as well.
Other options include working with the Chamber of Commerce and hiring a consulting firm or agency. If you choose a consulting firm, you’ll need to ensure that the agency you work with understands the country’s laws and regulations, or you could be held liable.
Many foreigners who speak numerous languages live in major Spanish cities. If it’s important to have a bilingual employee, make sure you note that fact in your job description. Since the unemployment rate in the country is high, you’ll receive many applications. Most employers choose to conduct one or two interviews, depending on the complexity of the job. Make sure you leave yourself enough time to make a hire, as employees will need to give two weeks’ notice at their existing jobs.
Legal & Background Checks
Staffing your business in Spain requires an understanding of the country’s recruiting and hiring laws. One important regulation relates to criminal records. This information is confidential, and public disclosure is prohibited, as it could violate data protection regulations. Certain state agencies, judges, courts, and judicial police can access the Central Registry of Convicts. As the employer, however, you cannot obtain criminal data unless the candidate voluntarily provides it.
Laws Against Discrimination in Spain
You also cannot discriminate against any employee for any reason during the recruiting process or after hiring them, including asking candidates to submit personal data not directly related to the job requirements. During the interview stage, you can ask any necessary questions as long as they are reasonable, objective, and related to the job.
How to Hire Employees in Spain
Hiring employees in Spain must start with a written employment contract per the country’s laws. Employees typically prefer indefinite contracts, which make it more difficult to lay them off and usually outline a higher salary. Negotiating the terms of an indefinite contract with an employee is just as important as the initial salary negotiations.
Spain’s labor law is relatively strict. It requires employers to draft a strong employment contract before the employee’s start date. The agreement should put any salary or benefits in euro rather than foreign currency. It should also include:
- Compensation amounts
- Termination requirements
- Any probationary periods
As of January 2022, Spain limited the use of fixed-term contracts to circumstances related to changes in production and worker substitution.
Spain Employment Laws
Spain’s legal workweek is 40 hours. However, many companies have opted to shorten the week to 37 or 38 hours. Spain’s Workers Statute maintains a 40-hour legal workweek but allows employers to distribute the total hours irregularly throughout the year if that arrangement is part of a collective bargaining agreement (CBA).
Both national law and CBAs regulate any overtime hours. Paid overtime cannot exceed 80 hours per year, and employees can either pay employees or give them time off within four months of the date on which they worked the overtime. This maximum does not include overtime compensated by time off within four months of the overtime and overtime worked to deal with extraordinary and urgent circumstances.
Onboarding in Spain
The onboarding depends on your company and your goals for the position. If you hired someone that needs significant training, build this training into the onboarding process. It is also best practice to go over the employment contract with the employee during their first day or week.
Other helpful onboarding tips include:
- Fly to Spain for the employees’ first day or send other important company executives
- Onboard multiple employees at the same time to streamline the process
- Go over the company’s code of conduct and other relevant documents with your workers
Benefits of Hiring Outsourcing in Spain
With so many Spanish employment compliance laws to remember, outsourcing the hiring process can be highly beneficial. G-P makes it easier to hire employees and stay compliant. We’ll use our established PEO to hire employees assigned to work for you. They will get added to our compliant payroll, and we take on the risk as the Employer of Record.
Work With G-P To Expand Globally
G-P offers a faster way to expand to a new country. Contact us today to learn more about our services and how we can help you with Spain employment compliance.