Working in Spain: Legal Guide for Foreigners

If you’re considering working in Spain, understanding the country’s legal framework regarding work permits, labor laws, and social security is crucial. This guide provides the essential legal information you need to work legally and successfully in Spain, whether you’re an employee or self-employed. If you need professional assistance navigating these legal requirements, contact me, José María Ruiz Castillo, for expert advice tailored to your situation.

Introduction

Spain offers numerous opportunities for expats, but the legal aspects of working in the country can be complex. From visa requirements to labor rights, this comprehensive guide covers everything you need to know about working legally in Spain. Whether you’re planning to work for a company or start your own business, understanding these regulations will help you avoid complications. If you have any questions, feel free to contact me for personalized legal support.

Overview of Work Visas and Permits

Work Visa Application Process

For non-EU citizens, obtaining a work visa in Spain involves a multi-step process. The most significant change in recent years is that the employer must now initiate the work permit application before the employee applies for a visa. Here’s an overview of the typical process:

1. Employer applies for a work permit: The employer submits an application for a work permit to the local immigration office in Spain. This application must be approved before the employee can apply for a visa.
2. Employee applies for a visa: Once the work permit is approved, the employee can apply for a work visa at the Spanish consulate in their home country. The required documents typically include the job offer, proof of qualifications, and a copy of the approved work permit.
3. Enter Spain and register: After the visa is granted, the employee enters Spain and registers with the local authorities, including obtaining a NIE (Foreigner Identification Number).

Read my in-depth article about the types of work permits and visas in Spain or read my in-depth article on the digital nomad visa in Spain: eligibility, application Process, and benefits.

For assistance with the visa application process or advice on work permits, contact me directly to ensure everything is handled correctly.

Who Needs a Visa? EU vs Non-EU Citizens

Citizens of the European Union (EU), European Economic Area (EEA), and Switzerland do not need a visa to work in Spain, but they must still register with the authorities and obtain a NIE if they plan to stay for more than three months. On the other hand, non-EU citizens require a valid work visa before arriving in Spain.

Several types of work permits are available for non-EU citizens, depending on the nature of the work:

• Highly qualified professional visa: For individuals with specialized skills and qualifications.
• EU Blue Card: For highly skilled workers who meet specific salary and experience criteria.
• Self-employment visa: For those planning to start a business or work as freelancers.

Understanding which visa is appropriate for your situation is key to working legally in Spain. If you need guidance, contact me, José María Ruiz Castillo, for expert assistance in navigating Spain’s visa process.

Self-Employment and Tax Obligations in Spain

Starting a Business or Working as a Freelancer

Spain is an attractive destination for expats who want to start a business or work as freelancers. To do so, non-EU citizens typically need to apply for a self-employment visa. This visa requires a solid business plan, proof of sufficient financial resources, and evidence that your business will benefit the Spanish economy.

Read my in-depth guide on how to start as an autónomo (self-employed) in Spain or read my in-depth article on how to start a business in Spain. 

If you’re considering self-employment, contact me for assistance with the visa process and ensuring your business complies with Spanish laws.

Tax Obligations for Foreign Workers

Expats working in Spain must comply with the country’s tax laws. You are considered a tax resident if you spend more than 183 days in Spain in a calendar year, or if your primary economic activities are based in Spain. As a tax resident, you will need to declare your worldwide income to the Spanish tax authorities.

Key tax obligations include:

• Income tax: Rates range from 19% to 47%, depending on your income level.
• Social security contributions: As mentioned earlier, these are deducted from your salary and cover healthcare, pensions, and other benefits.

Understanding your tax responsibilities can be complex, especially if you have income from multiple countries. Contact me for expert tax advice to ensure you meet all your obligations and avoid penalties.

Rights and Obligations of Employees in Spain

Labor Rights for Expats

Spain has strong labor laws that protect all employees, including expats. Here are some key rights you should be aware of:

• Minimum wage: As of 2024, the minimum wage in Spain is €1,134 per month (or €15,876 annually in 14 payments). This is an important consideration when negotiating your employment contract.
• Working hours: Spain’s standard working week is 40 hours, with a maximum of 9 hours per day. Overtime is allowed but regulated to protect workers.
• Annual leave: Employees are entitled to at least 30 calendar days of paid leave per year, which typically translates to 22 working days.
• Discrimination laws: Spanish law prohibits discrimination based on gender, nationality, race, or any other protected characteristic, ensuring fair treatment in the workplace.

If you believe your labor rights are being violated, contact me for legal assistance. I can help you resolve any issues related to your employment contract or workplace treatment.

Social Security Contributions

Both employees and employers in Spain contribute to the social security system, which funds essential services such as healthcare, pensions, unemployment benefits, and disability support.

• Employee contributions: Workers contribute around 6.35% of their salary to social security, but this percentage can vary slightly depending on the type of contract or sector.
• Employer contributions: Employers typically contribute a larger percentage, around 29.9%, though this can also vary depending on the contract.

These contributions are automatically deducted from your paycheck. Social security provides access to Spain’s public healthcare system and ensures coverage for other benefits, so it’s important to understand how much is being deducted from your wages. If you need help understanding your social security contributions or other aspects of your paycheck, contact me for expert advice.

Read my in-depth article about employee rights in Spain.

Conclusion

Working in Spain is a fantastic opportunity, but it requires an understanding of the country’s legal and regulatory framework. From work visas to labor rights and tax obligations, navigating Spain’s employment landscape can be complicated without professional guidance. I, José María Ruiz Castillo, specialize in helping expats work legally in Spain and manage their employment-related legal matters.If you need help with visa applications, understanding your labor rights, or meeting your tax obligations, contact me today for personalized legal support. Let’s ensure your experience working in Spain is smooth and successful.