Local labor laws and cultural expectations set the standard for how you hire and recruit talent in Spain. Spain's regulations are comprehensive, governing everything from employment contracts to working hours and anti-discrimination policies. Complying with these rules from the outset are the foundation for a smooth market entry into Spain and a positive hiring experience. 

Recruitment strategies in Spain

To find top talent in Spain, companies should use a mix of recruitment channels. Leading digital platforms include InfoJobs, a dominant local job board, and LinkedIn, which has become the main network for professional and senior roles. Depending on the industry, specialized job boards and professional association websites can also offer strong candidate pools.

An employer of record (EOR) like G-P can streamline the hiring process by managing onboarding, payroll, benefits, and local compliance on your behalf.

Legal considerations when recruiting in Spain

The hiring process in Spain is subject to strict legal frameworks designed to protect candidates' rights and ensure fairness.

Spanish nondiscrimination laws

Spain's Constitution and Workers' Statute (Estatuto de los Trabajadores) prohibits discrimination based on:

  • Age

  • Disability

  • Gender

  • Origin (including racial or ethnic) 

  • Marital status 

  • Social condition

  • Religion or beliefs

  • Political ideas 

  • Sexual orientation and identity

  • Gender expression

  • Union affiliation

  • Language

During interviews, avoid questions about a candidate's personal life unless directly related to the job requirements, such as inquiries about family plans, health conditions, or political affiliations. 

Background checks in Spain

Under Spanish data protection laws, employers generally can’t request a candidate's criminal record (certificado de antecedentes penales). However, there’s an exception: a specific clearance certificate from the Central Registry of Sexual Offenders (Registro Central de Delincuentes Sexuales) is a legal requirement for any role that involves regular contact with minors.

How to hire in Spain 

Employment contracts in Spain

Hiring an employee in Spain begins with a formal employment contract. Following significant labor reforms in 2022 (Royal Decree-Law 32/2021), employment contracts in Spain are presumed to be indefinite by default to promote job stability.

Fixed-term employment contracts are limited to two situations:

  • Substitution of an employee: To replace a worker who has a right to have their position reserved. Employers must ensure transparency about employment terms.

  • Production circumstances: To address occasional, unforeseeable increases in production or market demand for a maximum of six months (or up to 12 months if allowed by a Collective Bargaining Agreement).

A compliant Spanish employment contract must be in writing and registered with the public employment service. It should be in the local language and adequately address all salary and benefits details, including leave and compensation policies. 

Key elements of an employment contract in Spain include:

  • Full details of the employer and employee

  • Start date and place of work

  • Type of contract (indefinite or fixed-term with justification)

  • Professional group or job category and a clear job description

  • Compensation and benefits

  • Working hours and schedule

  • Applicable Collective Bargaining Agreement (CBA)

  • Trial period (probationary period)

  • Holiday entitlement

  • Notice periods for termination

Employment regulations in Spain

Spain's standard workweek is 40 hours, calculated as an annual average. A CBA or an agreement with employee representatives may allow for an irregular distribution of hours throughout the year. Overtime is regulated and can’t exceed 80 hours per year unless specified otherwise in a CBA. 

Employees must be compensated for overtime with either additional pay or equivalent paid time off within four months. 

Need more help with Spanish employment laws?

When hiring in new countries, G-P Gia™ offers instant compliance guidance you can trust. Get expert-vetted answers to all your questions and save valuable time to focus on hiring the right talent. Gia also provides real-time, multi-jurisdiction compliance checks on employment contracts — no more waiting days for legal counsel or costly billable hours.

Onboarding new employees in Spain

A critical first step, which must be completed before the employee's first day, is registering them with the Spanish Social Security system (Tesorería General de la Seguridad Social – TGSS). Failure to do so can result in significant penalties.

Beyond this legal requirement, best practices for onboarding employees in Spain include:

  • Reviewing the employment contract and company policies

  • Introducing new hires to key team members and workflows

  • Providing necessary tools and system access

  • Clearly outlining expectations for the role and performance metrics

Hiring employees in Spain: an alternative solution

By collaborating with a Spanish EOR, companies can onboard employees in new countries without establishing a local legal entity. This reduces the complexity, cost, and time associated with global employment, making hiring employees in Spain easier. 

An EOR ensures compliance with Spain’s laws while enabling quick and compliant hiring.

Recruiting and hiring independent contractors in Spain

Hiring independent contractors in Spain offers a flexible alternative to traditional employment. This approach allows you to access specialized skills and expertise for specific projects or periods without the long-term commitments associated with full-time employees. 

Utilizing independent contractors can provide agility and cost-effectiveness, so you can scale up or down as needed to meet evolving business demands. Misclassification risk in Spain is high, as labor inspectors are vigilant in ensuring a genuine independent relationship exists.

Hire independent contractors in Spain with G-P

G-P Contractor™ simplifies contractor hiring and payment.  It helps Our Contractor offering ensures compliance and mitigates the risk of misclassification in jurisdictions like Spain. 

Partner with G-P to centralize your global workforce, gain peace of mind, and accelerate your strategic growth in Spain.

Hire employees in Spain with G-P

G-P EOR makes hiring global teams easy — all without the need to set up entities or spend time engaging consultants and local experts in HR, law, and taxes. With G-P, you get simple workflows,integrations, and AI-powered features that transform the way you onboard, manage, and pay global teams.

Book a demo to learn more about how we can help you hire and onboard anyone, anywhere.