If you are from an EU country, like the UK, you can work in Spain without a work permit. It is advisable to visit Spain and spend some time looking for work and finding work before planning your move. While you are visiting Spain, register with the INEM the Institito Nacional de Empleo. The INEM are the Spanish equivalent of job centres and have offices dotted around Spain. You can also search for job on job search websites and in the press, as well as registering with agencies.
US citizens, and other Non-EU nationals, will need to apply for a work permit, as well as applying for a visa. You can do this at a Spanish Consulate in your home country or, if you are already in Spain on a visa, you can apply for a work permit at your local Oficina de Extranjeros or the provincial Delegacion Provincial del Minsterio de Trabajo, the Ministry of Work.
Once you have found a job and are legal in Spain with a contract of employment, you will have the same rights and working conditions in Spain as Spanish workers.
Your employment contract should contain the following information:
1. Your details and employer details.
2. Type of contract – temporary, permanent etc.
3. Contract period and start date.
4. Work conditions.
5. Place of work.
6. Work hours.
7. Whether there is a trial period.
8. Holiday entitlement.
9. Pay.
10. Collective bargaining agreement – normally establishes salary and when it is paid etc.
Make sure you have a proper employment contract. Working without a contract is illegal and will not give you any rights or benefits. Your employer should register you for tax and social security, make sure that they do this because social security will entitle you to many benefits including healthcare.
Some legislation regarding employment and working conditions in Spain is as follows:
1. A standard working week is 40 hours.
2. Daily work hours should be a maximum of 9 hours.
3. There should be a minimum of 12 hours between work sessions.
4. Overtime is limited to 80 hours annually.
5. Holiday entitlement is a minimum of 30 days per year and there are about 14 public holidays per year.
6. Salary – This is normally paid in 14 instalments per year with extra payments in June and December.
7. A percentage of pay is taken out at source for tax and social security contributions.
8. Dismissal of an individual employee can be for the following reasons – non-attendance, alcohol or drug problems, disciplinary reasons, verbal or physical abuse, breaking of trust or confidence. The employer must pay compensation of 20 days' salary for each year that the employee has worked for the company up to a maximum of a year's salary.
9. Leave – An employee is entitled to leave such as maternity leave (4 months) and time off for moving house, death of a family member etc.
If you are dismissed from your job in Spain, you have up to 20 days to apply for a conciliation and, if this does not work, you can take your employer to court.
Working conditions in Spain are very similar to those of other European countries but remember that many businesses shut for 3 hours in the afternoon for siesta and then start up again in the evening. This style of working may take some getting used to but a rest will recharge your batteries.
