If you intend to hire in Spain, it is essential to get familiar with the applicable procedures. What is the employment of foreigners in Spain like? Read our advices for employers.
In order to obtain a preliminary work permit for a foreign employee, the employer must obtain an appropriate certificate that will confirm the fact that the Spanish labor market is in demand for this type of employee, and at the same time the percentage of willing local candidates is too little.
However, some people are exempted from the obligation of having this document, e.g.:
- Spouse or child of a foreigner residing in Spain with a renewed work permit or child born in Spain.
- A person who already has another work permit.
- Refugees.
- A person of Spanish descent.
- Workers necessary to assemble or repair the imported equipment.
- Foreigners who obtained a temporary residence permit pursuant to Art. 31 sec. 3 of the Act on foreigners.
- Foreigners who, for four calendar years, are possessing a seasonal work permit.
- Citizens of countries with which international agreements have been signed for this purpose.
- EU citizens.
Employment of foreigners in Spain – preliminary work permit
The first temporary residence and work permit is issued for a maximum of one year and may be limited to a specific geographical area and sector of activity.
An application for extension of a residence and work permit must be submitted within sixty days before the expiry date of the permit. Submission of the application within this period, extends the validity of the previous permit for another year.
Subsequent residence and work permits are issued for 2 years. After this period, there is a possibility to apply for a permanent residence in Spain. Then the employee will not be tied to a specific city / employer or profession.
Moving to Spain – what do you need to know?
Fixed-term employment in Spain
- Seasonal work – a seasonal work permit is issued for a maximum of 9 months in a year.
- Installation of industrial installations or electrical installations, construction of infrastructure, buildings and electricity, gas, railway and telephone networks, installation and maintenance of production equipment – permission for a maximum of 1 year without the possibility of extension.
- Apprenticeships / training – max. 1 year without extension.
Employment of foreigners in Spain – who does not need a work permit?
- Student of a Spanish university (at least 3 years of staying).
- People who received special awards for professional merits and / or scientific discoveries.
- People who are conducting research works.
More information on the employment of foreigners in Spain:
- https://www.mptfp.gob.es/portal/delegaciones_gobierno/extranjeria/extranjeria_ddgg.htm
- https://www.sepe.es/HomeSepe/empresas/informacion-para-empresas/profesiones-de-dificil-cobertura/profesiones-mas-demandadas.html
The procedure of employing an employee in Spain – step by step
If the first recruitment in Spain is just ahead of you, be sure to get familiar with the procedure of employing an employee – step by step:
- Registration of employees in the social security system.
- Registration of the employee in the Red Directo ICT system (this system allows to update all employee data on an ongoing basis, e.g. if the working conditions have changed).
- Notification of the employment contract – within 10 days from the date of conclusion of the contract, a copy must be submitted to the State Employment Service (Servicio de Empleo Público Estatal).
Paying health insurance premiums for an employee (also via the Red Directo website).
