Spain Labor Law Guide 🇪🇸
Employees are entitled to 22 working days of paid annual leave per year, which cannot be replaced by financial compensation except upon contract termination.
Spain Labor Law Guide
Employees are entitled to 22 working days of paid annual leave per year, which cannot be replaced by financial compensation except upon contract termination.
Primary Legislation
Estatuto de los Trabajadores (Workers' Statute)
Secondary Legislation
Estatuto de los Trabajadores (Workers' Statute)
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Essential compliance data regarding minimum entitlement and standard work hours in Spain.
Ref: Estatuto de los Trabajadores Art. 38Employees are entitled to 22 working days of paid annual leave per year, which cannot be replaced by financial compensation except upon contract termination.
Accrual
Accrues throughout the calendar year. Pro-rated for partial years based on months worked.
Carry Over
Must be taken within the calendar year. Carry-over requires mutual agreement between employer and employee.
Standard Week
40 hours
Max Weekly
40 hours
Max Daily
9 hours
Rest Period
12 consecutive hours between working days. Weekly rest must be at least 36 consecutive hours.
Employment Contract & Termination
Notice Period
15 days' notice required for permanent contract termination by employee. Employer notice varies based on grounds for termination and collective agreements.
Estatuto de los Trabajadores Art. 49Probation Period
2 months for technicians, 6 months for qualified professionals and executives. Must be agreed in writing. No probation period for temporary contracts under 6 months.
Estatuto de los Trabajadores Art. 14Core Labor Obligations
Operational rules regarding leave requests, sick pay, and public holiday work that every HR manager must know.
Ref: Estatuto de los Trabajadores Art. 37-38Leave Requests
Employer must communicate annual leave schedule at least 2 months in advance. Employees should request leave according to company policy.
Sick Pay
Social Security provides temporary disability benefits. Employer may be required to supplement based on collective agreement.
Holiday Work
Work on public holidays requires mutual agreement and entitles employees to either substitute rest day or premium compensation.
Part-Time Calculation
Pro-rata based on contracted hours, ensuring equal treatment with full-time employees per EU directive.
Parental & Family Leave
Maternity Leave
16 weeks paid maternity leave at 100% of contribution base. 6 weeks immediately after birth are mandatory. Remaining weeks can be shared with partner or taken part-time.
Estatuto de los Trabajadores Art. 48Paternity/Partner Leave
16 weeks paid paternity leave at 100% of contribution base, equal to maternity leave since 2021. Can be taken continuously or intermittently during first year.
Estatuto de los Trabajadores Art. 48Sick Pay & Compensation
Sick Pay
Social Security pays temporary disability benefits from day 4 (60% days 4-20, 75% from day 21). Employer pays days 1-3 according to collective agreement. Maximum duration 12-18 months.
Source: Ley General de la Seguridad SocialSpecific Laws & Regulations
Unique regulations and legal concepts that distinguish the Spain labor market from others.
33-Day Severance Rule
Unfair dismissal entitles employees to 33 days' pay per year worked (max 24 months' salary). Objective grounds dismissal: 20 days per year (max 12 months).
Convenios Colectivos
Collective bargaining agreements establish sector or company-specific terms often exceeding statutory minimums for leave, working hours, and benefits.
Time Recording Obligation
Mandatory daily time recording system required since 2019. Employers must track exact start and end times for all employees to ensure compliance with working time limits.
14 Salary Payments
Employees receive 14 monthly salary payments per year: 12 regular payments plus 2 extra payments (summer and Christmas bonuses), each equivalent to one month's salary.
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Frequently Asked Questions
Are employees compensated if a public holiday falls on a weekend?
It depends on the autonomous community and employer policy. Some regions grant a substitute weekday off while others do not provide compensation.
What happens if an employee falls ill while on annual leave?
If the employee provides a medical certificate, sick days during annual leave are converted to sick leave, and annual leave days are preserved for future use.
Are public holidays paid time off?
Yes, all 14 public holidays are mandatory paid days off for employees. If an employee works on a holiday with mutual agreement, they receive either substitute rest or premium pay.
Looking for the holiday calendar?
View the official Spain public holiday list for 2025.
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Disclaimer: This information is provided for general guidance only and does not constitute legal advice. Always consult official government sources and legal counsel for compliance matters.
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