Spanish Labour Framework: What Every Foreign Subsidiary Must Know
Employment relationships in Spain are governed by the Workers’ Statute (Real Decreto Legislativo 2/2015 of 23 October), the General Social Security Law (RDL 8/2015), and the applicable collective agreements. The Spanish labour framework has characteristics that multinationals must understand before hiring in Spain:
Salary structure and pay periods: Spanish law establishes a right to a minimum of 14 annual pay periods (12 monthly salaries + 2 extraordinary payments, typically in June and December), although most collective agreements allow pro-rating into 12 monthly payments. The Minimum Interprofessional Wage (Salario Minimo Interprofesional, SMI) for 2026 is EUR 1,221/month in 14 payments (EUR 17,094 annually, approved by Royal Decree-Law with retroactive effect from 1 January 2026). Sectoral collective agreements typically set salaries above the SMI by professional category.
Contract types: Following the 2022 labour reform (RDL 32/2021), contracts are classified as: permanent (ordinary, fixed-discontinuous), temporary (production circumstances or substitution, maximum 6 months extendable to 12 by collective agreement), and training (alternation or professional practice). Fraudulent temporary contracts are automatically converted to permanent.
Probationary periods: The Workers’ Statute (Article 14) allows probationary periods of up to 6 months for qualified professionals and 2 months for other workers (3 months in companies with fewer than 25 employees). During probation, either party may terminate without compensation or notice.
Dismissal compensation: Unfair dismissal generates compensation of 33 days’ salary per year of service (maximum 24 months’ salary) for contracts entered into after February 2012. Objective dismissal (economic, technical, organisational or production grounds) carries compensation of 20 days per year (maximum 12 months’ salary). These figures are significantly higher than in many Anglo-Saxon countries and must be factored into the subsidiary’s cost planning.
- SMI 2026: EUR 1,221/month in 14 payments (EUR 17,094 annually)
- 14 mandatory annual pay periods (pro-ratable to 12)
- Probationary period: up to 6 months (qualified professionals), 2 months (others)
- Unfair dismissal: 33 days/year of service (maximum 24 months' salary)
- Temporary contracts limited: maximum 6 months (extendable to 12 by collective agreement)
