Employment
Employment contracts in Spain in 2026: your rights as a worker
Contract types, trial periods, minimum wage, hours, holidays and dismissal pay in Spain in 2026 – what every new employee should know before signing.
Updated: October 2026
Starting a job in Spain means signing a Spanish employment contract, and the rules can be quite different from what you are used to at home. This guide is for foreign workers taking their first job here. It covers the types of contract, trial periods, the 2026 minimum wage, working hours, holidays and what happens if your job ends.
Where your rights come from
Three layers decide your working conditions:
- The Workers’ Statute (Estatuto de los Trabajadores): the main labour law, which sets the minimum rights for almost every employee.
- The collective agreement (convenio colectivo): negotiated for your sector, province or company. It often sets salary tables, extra payments, hours and trial periods, and usually improves on the law. Ask your employer which convenio applies to you; it should be named in your contract and payslip.
- Your contract: it can give you more than the law and the convenio, but never less. A clause that waives your legal rights is not valid.
If you are not an EU citizen, you also need the right to work. See our guide to work visas and permits.
Types of employment contract after the labour reform
Since the 2021–2022 labour reform, the starting point is that employment contracts are permanent. Temporary contracts are only allowed for specific reasons. The official contract models from the public employment service (SEPE) now fall into a handful of types:
| Contract | When it is used |
|---|---|
| Indefinido (permanent) | The normal contract, full-time or part-time, with no end date |
| Fijo discontinuo | Permanent contract for seasonal or intermittent work, for example in tourism; you are called back each season |
| Temporal por circunstancias de la producción | Temporary peaks in work; as a rule up to six months, which a sector agreement can extend to a year |
| Temporal por sustitución | Covering a worker who is absent, such as on parental leave |
| Formativos | Training contracts combining work and study, or for gaining experience after a qualification |
If a temporary contract is used without a valid reason, or you are chained on temporary contracts for the same company for too long, you can become a permanent employee by law. A contract should be in writing, and for jobs lasting more than four weeks your employer must tell you the essential terms in writing.
Before and during your first weeks
Social Security registration
Your employer must register you with Social Security (alta) before you start work. You can check this, and your full work history, in your informe de vida laboral, which you can download free through the Social Security’s Import@ss portal or app. Working without being registered leaves you without healthcare, unemployment and pension rights, so check it in your first week.
Trial period (periodo de prueba)
Most contracts start with a trial period during which either side can end the job without notice or compensation. It must be agreed in writing. Unless your collective agreement says otherwise, it cannot exceed six months for qualified technicians (titulados) and two months for other workers, or three months in companies with fewer than 25 employees. Collective agreements often set shorter periods.
Pay, hours and holidays
Minimum wage 2026
The salario mínimo interprofesional (SMI) for 2026 is €1,221 a month in 14 payments, or €40.70 a day, applying from 1 January 2026 (Royal Decree 126/2026). On an annual basis that means at least €17,094 for a full-time job. Part-time workers receive it in proportion to their hours. Your convenio may set a higher minimum for your role. For typical pay levels, see our overview of salaries in Spain.
By law you are entitled to two extra payments a year (pagas extraordinarias), usually in summer and at Christmas. Many contracts spread (prorratear) them over twelve monthly payments instead. You must receive a payslip (nómina) every month showing gross pay, Social Security contributions and income tax withheld.
Working hours
- Maximum: 40 hours a week of actual work, calculated as an annual average. A proposal to cut this to 37.5 hours did not pass parliament in 2025 and, as of October 2026, the 40-hour limit still applies.
- Daily limit and rest: normally no more than nine ordinary hours a day unless your agreement distributes hours differently, at least 12 hours between the end of one working day and the start of the next, and a weekly rest of at least a day and a half.
- Time recording: employers have been required to record each worker’s daily start and finish times since 2019. Those records help you prove unpaid overtime. The government has been working on rules to make the record digital, so check the current requirements.
Holidays
You are entitled to at least 30 calendar days of paid holiday a year (often counted as 22 working days), plus the national, regional and local public holidays. Holidays cannot be swapped for money while you are still employed; unused days are only paid out when the contract ends.
When the job ends: notice and compensation
Compensation depends on how the contract ends. The legal minimums are:
| Situation | Statutory compensation |
|---|---|
| End of a temporary contract | 12 days’ salary per year worked |
| Objective dismissal (economic, technical, organisational reasons) | 20 days per year, up to 12 months’ pay, with 15 days’ written notice |
| Dismissal ruled unfair (improcedente) | 33 days per year, up to 24 months’ pay, or reinstatement at the employer’s choice |
| Disciplinary dismissal upheld | No compensation |
| Resignation | No compensation; give the notice set in your convenio (often 15 days) |
Older contracts can have different calculations for service before 2012. In every case you should receive a final settlement (finiquito) with outstanding pay, the proportional part of extra payments and unused holiday. You can sign it with “no conforme” if you disagree.
Deadlines are short. To challenge a dismissal you have 20 working days from the date it takes effect, and you must first request conciliation at your region’s labour mediation service before going to court. If you think you have been dismissed unfairly, see a labour lawyer (abogado laboralista) or a trade union straight away.
Where to get help
- Trade unions: the large unions run advice services, often free or cheap for members.
- Labour Inspectorate (ITSS): you can file a formal complaint about unpaid wages, missing registration or excessive hours, or report irregularities anonymously through its online mailbox.
- Labour lawyers and gestores: useful for checking a contract before you sign it or calculating a settlement.
If you are on a low salary, our guide to living on a small salary in Spain has practical tips, and the Spanish job market guide shows where the opportunities are.
Useful links
- BOE: Workers’ Statute (Estatuto de los Trabajadores, Spanish)
- SEPE: official employment contract models
- BOE: Royal Decree 126/2026 on the 2026 minimum wage (Spanish)
- Labour Inspectorate: how to file a complaint
- La Moncloa: how to get your vida laboral report (Spanish)
FAQ: employment contracts in Spain
Does my contract have to be in Spanish?
Contracts are normally in Spanish (or a co-official language). Ask for a translation if you need one, and do not sign anything you do not understand.
Can my employer pay me less than the minimum wage if I agree?
No. The SMI and your collective agreement’s salary tables are minimums that cannot be waived, even with your signature.
Am I entitled to unemployment benefit when my contract ends?
If you have contributed long enough and the job ended involuntarily, usually yes. Register as a jobseeker and apply to the SEPE promptly after the job ends.
How do I know which collective agreement applies to me?
It should be stated in your contract or payslip. If not, ask HR or a trade union; agreements are published in the BOE or your province’s official bulletin.
Disclaimer: This article is general information only and is not legal advice. Your collective agreement and personal situation can change the rules – always check the official source and ask a labour lawyer, gestor or trade union before you act.
