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EmploymentExplainer

Your rights as an employee in Spain

The basics of Spanish employment law for newcomers: the 2026 minimum wage (€1,221 a month in 14 payments), the 40-hour week, at least 30 calendar days of paid holiday, two extra payments a year, trial periods, 19 weeks of birth leave, dismissal compensation and where to get help.

Checked 8 Oct 2026
Applies to
Employees working for an employer in Spain under a Spanish employment contract. Many details are improved by collective agreements (convenios colectivos) for each sector. Self-employed people and teleworkers employed by a foreign company are not fully covered by this guide.
Effort
Low effort
Time needed
About 20 minutes to read; keep it for reference
On this page
  1. Overview
  2. Pay
  3. Working time
  4. Holidays and leave
  5. Contracts and trial periods
  6. Dismissal
  7. Where to get help
  8. Watch out
  9. Common mistakes
  10. Tips
  11. Frequently asked questions
  12. Official links
  13. In your plan
  14. Sources
  15. Related guides

Spanish employment law is mainly set by the Workers' Statute (Estatuto de los Trabajadores), which was last updated on 3 October 2026 in the official consolidated text. On top of the law, most employees are covered by a collective agreement (convenio colectivo) for their sector, region or company, which often sets higher pay, more holidays or other improvements. Your contract cannot give you less than the law or the applicable agreement.

Ask your employer which collective agreement applies to you; it is usually named in your contract or payslip (nómina).

Pay

  • The minimum wage (salario mínimo interprofesional, SMI) for 2026 is €1,221 a month for full-time work, or €40.70 a day, set by Royal Decree 126/2026 with effect from 1 January 2026. In annual terms that is €17,094 across 14 payments.
  • You are entitled to two extra payments a year (pagas extraordinarias), one at Christmas and the other in the month set by the collective agreement. Some employers spread them over 12 monthly payments; check how your salary is quoted.
  • You receive a monthly payslip showing your gross pay, social security contributions and income tax withheld.

Working time

  • The ordinary working week is a maximum of 40 hours of actual work on average over the year.
  • Employers must keep a daily record of working hours.
  • A government bill to reduce the week to 37.5 hours was rejected by Congress in September 2025; the 40-hour maximum still applies in 2026.

Holidays and leave

  • Paid annual leave is at least 30 calendar days a year and cannot be replaced by money (except when the contract ends).
  • There are at most 14 paid public holidays a year, two of them local; the dates vary by region and town.
  • Birth and childcare leave: the birth of a child suspends the employment contract of each parent for 19 weeks, under article 48 of the Workers' Statute as amended in 2025. During the leave Social Security pays a benefit equal to 100% of your contribution base if you meet the contribution conditions.

Contracts and trial periods

  • Since the 2021-2022 labour reform, the open-ended contract (contrato indefinido) is the general rule; temporary contracts are only allowed for specific reasons.
  • A trial period (periodo de prueba) must be agreed in writing. Unless the collective agreement says otherwise, it cannot exceed six months for qualified technicians and two months for other workers (three months in companies with fewer than 25 employees).

Dismissal

  • For a dismissal on objective grounds (economic, technical, organisational or production reasons), the employer must give you written notice and compensation of 20 days' pay per year of service, up to 12 months' pay.
  • If a court declares a dismissal unfair (improcedente), the employer chooses between reinstatement and compensation of 33 days' pay per year of service, up to 24 months' pay (different rules apply to service before 12 February 2012).
  • Deadlines to challenge a dismissal are short; seek advice immediately (see "Where to get help").

Where to get help

  • Trade unions and your company's workers' representatives can explain your collective agreement.
  • The Labour and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social) investigates breaches such as unpaid wages or undeclared work.
  • In Barcelona, the bar association's free legal orientation service (SOJ) has a specialist point for employment and social security law, and the city's SAIER advises migrants on work-related immigration issues.

Watch out

Working without being registered with Social Security leaves you without cover; ask for your registration documents or check your employment history (*vida laboral*) online.

If you hold a residence permit linked to your job, changing employer or losing your job can affect it; check the rules before you resign.

Common mistakes

  • Comparing gross annual salaries without checking whether they include the two extra payments.
  • Signing a temporary contract without a reason stated in it.
  • Missing the short deadline to challenge a dismissal.

Tips

  • Ask for your collective agreement's name and look up its pay table; it often sets a higher minimum than the SMI.
  • Keep every payslip and your contract; you will need them for renewals, rentals and loans.
  • Request your *informe de vida laboral* from Social Security once a year to check that your employer registered you correctly.

Frequently asked questions

Editorial answers written by our team, based on the sources below.

Is the minimum wage before or after tax?

The SMI is a gross amount. Social security contributions are deducted from it; income tax depends on your personal situation.

How many days of holiday do I get?

At least 30 calendar days a year by law, plus public holidays. Your collective agreement or contract may give more.

In your plan

  • Get your social security number
  • Start your job search
  • Check your tax residence and the special regime for people moving to Spain
  • Register with the Community of Madrid's employment service

Sources

Written and checked by HomiStart editorial against the official sources below. Next scheduled check: 6 Apr 2027.

  1. Agencia Estatal Boletín Oficial del EstadoOfficial source
    Real Decreto Legislativo 2/2015, texto refundido de la Ley del Estatuto de los Trabajadores (consolidated, last updated 3 October 2026) (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

    Arts. 14 (trial period), 15 (open-ended contracts presumed), 31 (extra payments), 34 (40 hours, daily time record), 37 (14 holidays), 38 (30 days), 48 (19 weeks), 53 (20 days), 56 (33 days).

  2. Agencia Estatal Boletín Oficial del EstadoOfficial source
    Real Decreto 126/2026, de 18 de febrero, por el que se fija el salario mínimo interprofesional para 2026 (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  3. Servicio Público de Empleo Estatal (SEPE)Official source
    Cuantías anuales (SMI 2026) (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  4. ECIJA
    Rechazo parlamentario a la reducción de la jornada laboral ordinaria (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

    Law firm note on the September 2025 vote rejecting the 37.5-hour bill.

  5. Seguridad SocialOfficial source
    Prestación por nacimiento y cuidado de menor – cuantía (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  6. Organismo Estatal Inspección de Trabajo y Seguridad Social (OEITSS)Official source
    Organismo Estatal Inspección de Trabajo y Seguridad Social (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026
  7. Il·lustre Col·legi de l'Advocacia de Barcelona (ICAB)
    Servei d'Orientació Jurídica – Punts SOJ (Opens {{site}} in a new tab)
    Accessed 8 Oct 2026

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