Spain – National Regulations in Employment Law

We, the International Labour and Employment Group of Rödl & Partner, are happy to advise you on labour law issues (individual and collective) as well as social security law issues on a global, regional and local level.

Below you will find basic information on national labour law provisions in Spain.

Interview with Joaquin Echavarri

Are there national and/or local collective agreements in the country that regulate labour relations?

Yes. National or local (regional or provincial), depending on the branch of activity and/or the geographical situation, which prevail over company collective agreement in certain matters (e.g., salary amount).

Are there different legal rules by department/canton?

No.

Is there and what is the staff threshold above which the presence of staff representatives is mandatory?

Not compulsory. This is a right that can be exercised or not by the employees. The threshold to exercise this right is 6 and then 50.

Are trade unions present in the company?

Yes. Depending of specific thresholds.

If applicable what is the applicable legal working time?

40 hours a week on annual average. Alternatives working time organization are possible (non – regular distribution of working time).

Is there a minimum wage set by law/collective agreements (yes/no)?

Yes. By the law and, if more favorable, by collective agreements.

What is the number of legal annual paid holidays?

22 days paid holiday a year (counted from Monday to Friday) or 30 days (counted from Monday to Saturday). Applicable Collective Bargaining Agreements could improve the holiday entitlement.